Archive for the ‘Claims’ Category

ITIC pays out for pool manager’s acceptance of unacceptable tanker

ITIC pays out for pool manager’s acceptance of unacceptable tanker
International Transport Intermediaries Club (ITIC)* has highlighted the costly consequences of a shipping pool manager’s failure to accurately describe a tanker, leading to a substantial claim by charterers. The pool manager misdescribed the tanker as being acceptable to a specific oil major, even...
June 30th, 2017 | Chartering, Claims, Disputes, Legal, P and I Clubs, Tankers | Read More

The “Ocean Victory”: clarification for charterers and those insuring their liabilities

The “Ocean Victory”: clarification for charterers and those insuring their liabilities
Gard Marine and Energy Limited (appellant) v China National Chartering Company Limited (respondents) and others [10.05.17] 26 May 2017 Andrew Purssell, Michael Biltoo Supreme Court decides in favour of the ship owner in a landmark case arising from the loss of a Capesize bulk carrier, The “Ocean...
May 30th, 2017 | Claims, Health and Safety, Legal, Maritime Accidents, Safety and Security | Read More

North speaks at Greece’s Merchant Marine Academy on ‘Game Changing’ maritime casualties

North speaks at Greece’s Merchant Marine Academy on ‘Game Changing’ maritime casualties
Tony Allen (North P&I Director – Greece), left, and Vassilis Stavropoulos, Academy Director, Hydra Merchant Marine Academy with a commemorative shield presented in recognition of North’s support. May 10, 2017 – North P&I Club has delivered a presentation to the Merchant Marine Academy...
May 10th, 2017 | Claims, Conferences, Seminars, Forums, Health and Safety, Marine Insurance, Maritime Accidents, P and I Clubs, Safety and Security, Salvage, Towage, Wreck Removals | Read More

London P&I Club supports appointment of warranty surveyors for deck cargo loads

London P&I Club supports appointment of warranty surveyors for deck cargo loads
Paul Walton THE London P&I Club has highlighted a recent increase in the incidence of deck cargoes shifting in heavy weather, and supported a recommendation to appoint a warranty surveyor to supervise high-risk marine construction and transportation project operations where appropriate. In an article...
March 20th, 2017 | Claims, Consulting, Marine Insurance, Maritime Accidents, P and I Clubs | Read More

Challenge against Stern fails in Greek shipyard case

Challenge against Stern fails in Greek shipyard case
Costas Frangeskides, Partner,Holman Fenwick Willan LLP Challenge against Stern fails in Greek shipyard case UPDATED. Lebanese brothers bringing an ICSID claim against Greece have failed to unseat the state’s appointee to the tribunal, prolific French arbitrator Brigitte Stern, on the basis that her...
March 10th, 2017 | Arbiitration, Claims, Disputes, Legal, Shipbuilding and Shipyards | Read More

New IUMI position paper on fires on ro-ro passenger vehicle decks

New IUMI position paper on fires on ro-ro passenger vehicle decks
Position paper of the International Union of Marine Insurance (IUMI)  Fires on ro-ro passenger vehicle decks 8 February 2017   Background The deadly fires aboard the ferries “Norman Atlantic” just before New Year 2014 and the “Sorrento” in April 2015, prompted an international response...
February 8th, 2017 | Claims, Health and Safety, Marine Insurance, Maritime Accidents, Markets, Reports, Ro-Ro and Passenger Ferries, Safety and Security | Read More

DFDS Statement: False claims from RMT

DFDS Statement: False claims from RMT
In response to claims from the RMT published over the weekend regarding rates of pay aboard the vessel Finlandia, below is a statement from Gert Jakobsen, Vice President, Communications for DFDS. QUOTE There is absolutely and categorically no single rank on-board the Finlandia Seaways being paid £1.64...
January 30th, 2017 | Claims, HR, Labour Disputes, Manning - Seafarers and Offshore | Read More

The HFW Briefing: Volcafe Ltd v Compania Sud Americana de Vapores SA (T/A CSAV)

The HFW Briefing: Volcafe Ltd v Compania Sud Americana de Vapores SA (T/A CSAV)
Baptiste Weijburg, Senior Associate at HFW LLP In what has been treated as something of a test case due to the relatively small amounts at stake (around US$62,500), the Court of Appeal has now helpfully confirmed what some considered to be the commonly held view that a carrier does not need to first...
December 14th, 2016 | Chartering, Claims, Containers, Disputes, Fixtures, Legal, News, Person Profiles | Read More

HFW Briefing: Limitation of Liability for Maritime Claims

HFW Briefing: Limitation of Liability for Maritime Claims
UK Government to enact Order increasing the limits of liability under the 1996 Protocol to the Convention on Limitation of Liability for Maritime Claims 1976 On 19 April 2012, the Legal Committee of the...
November 28th, 2016 | Claims, Legal, Marine Insurance | Read More

North P&I Club supports Members in overturning ‘detrimental’ cargo carriage judgment

North P&I Club supports Members in overturning ‘detrimental’ cargo carriage judgment
Daniel Mayne North P&I Club has helped restore the commercial balance between shipowners and cargo interests by successfully supporting a Member in its appeal against a UK High Court decision today (10 November 2016). The Court of Appeal overturned the 5 March 2015 decision in Volcafe Ltd and others v. CSAV,...
November 10th, 2016 | Claims, Disputes, Insurance and Reinsurance, Legal, Marine Insurance, P and I Clubs | Read More

Fifty Years after England v Germany at Wembley…

Fifty Years after England v Germany at Wembley…
Burkhard Fischer (left) and Dr Tim Schommer Fifty Years after England v Germany at Wembley:  the Association of Average Adjusters ponders “how to score under the DTV-Hull Clauses” A call for a mediation forum to help settle some of the basic disparities in marine hull claims practice has come from...
November 3rd, 2016 | Associations, Claims, Conferences, Seminars, Forums, Events, Marine Insurance, News | Read More

New Marsh report: Switching From Paper to Electronic Bills of Lading

New Marsh report: Switching From Paper to Electronic Bills of Lading
Gordon Street London, 14 October, 2016 — Attached is Marsh’s latest report, “Switching From Paper to Electronic Bills of Lading”, which looks at bills of lading (BOL) fraud in the maritime and marine industries. The report covers: ·         How, as paper-based BOLs are replaced by...
October 14th, 2016 | Chartering, Claims, Corruption, Fixtures, IT and Communications, Maritime Fraud, Markets, P and I Clubs, Reports, Trade and Commerce | Read More

AAA expands its renowned exam system…

AAA expands its renowned exam system…
Keith Martin Association of Average Adjusters expands its renowned exam system with new module on upstream and offshore energy claims The Association of Average Adjusters announces the launch of a new exam module, Upstream and Offshore Energy Claims (A3). This A3 paper can be taken as an alternative...
October 11th, 2016 | Associations, Claims, Insurance and Reinsurance, Marine Insurance, Maritime Education and Training, News | Read More

HFW Briefing – ATLANTIK CONFIDENCE: Cargo Insurers “break limits” in unprecedented judgment

HFW Briefing – ATLANTIK CONFIDENCE: Cargo Insurers “break limits” in unprecedented judgment
ATLANTIK CONFIDENCE: Cargo Insurers “break limits” in unprecedented judgment Following the fire and sinking of the bulk carrier ATLANTIK CONFIDENCE off the coast of Oman in April 2013, the owners...
October 11th, 2016 | Claims, Legal, Marine Insurance, Maritime Accidents, Maritime Fraud, P and I Clubs | Read More

Tanker brokers count cost of failure to pass on claims documentation

Tanker brokers count cost of failure to pass on claims documentation
International Transport Intermediaries Club (ITIC) says delay in submitting – or failure to pass on – documentation is the most common cause of claims against tanker brokers. Moreover, the tightening of procedures in a difficult market may serve to make such failures more costly. In the...
September 27th, 2016 | Associations, Claims, Insurance and Reinsurance, Marine Insurance, P and I Clubs, Tankers | Read More

ASTRA and SPAR SHIPPING: What happens when a time charterer fails to pay timely hire?

ASTRA and SPAR SHIPPING: What happens when a time charterer fails to pay timely hire?
Legal Assistance and Defence Cover (LADC) is available to Members in addition to the traditional P&I cover. We are very grateful to Ian Teo, Partner at Rajah & Tann’s, Shipping and International Trade, Singapore, for sharing an example of where LADC cover can assist Members in the event of...
September 22nd, 2016 | Associations, Chartering, Claims, Company Profiles, Disputes, Fixtures, Legal, Person Profiles | Read More

INDUSTRY ALERT – Hanjin Line Bankruptcy: Ownership and Return of Leased Containers

INDUSTRY ALERT – Hanjin Line Bankruptcy: Ownership and Return of Leased Containers
In connection with the filing by Hanjin Shipping for bankruptcy: A list of owners of various types of containers (with prefixes) which were previously on lease to Hanjin, has been prepared. ClickHERE to download the document. If you come across any equipment previously on lease to Hanjin Line, this...
September 21st, 2016 | Associations, Claims, Containers, Disputes, Seizures | Read More

HFW Briefing: Supreme Court defines the ambit of the fraudulent claims rule

HFW Briefing: Supreme Court defines the ambit of the fraudulent claims rule
Supreme Court defines the ambit of the fraudulent claims rule The fraudulent claims rule is well established in English law. It operates to bar a policyholder’s claim in its entirety when that claim is fabricated or fraudulently exaggerated. The leading case is generally regarded...
August 5th, 2016 | Claims, Insurance and Reinsurance, Legal, Marine Insurance, Maritime Fraud | Read More

Update – The Longchamp

Update – The Longchamp
Insight / Update – 01 August 2016  Are expenses incurred during negotiation of a pirate ransom recoverable in general average? In The Longchamp [2016] EWCA Civ 708, the Court of Appeal has ruled on an issue that had not previously been considered by the English courts, namely, whether expenses...
August 1st, 2016 | Claims, Corruption, Disputes, Health and Safety, Insurance and Reinsurance, Legal, Marine Insurance, Maritime Fraud, Piracy and Terrorism, Safety and Security, Seizures | Read More

North P&I Club explains how to avoid claims for self-cooking soya beans

North P&I Club explains how to avoid claims for self-cooking soya beans
Tony Baker North P&I Club has advised its members to be extra vigilant during loading and transport of soya beans to ensure they do not get blamed for cargoes that start ‘cooking’ at sea. The advices comes in the latest issue of its loss prevention newsletter Signals. According to North’s...
July 25th, 2016 | Claims, Disputes, Marine Insurance, P and I Clubs, Safety and Security | Read More

Foundering of a small pleasure yacht with subsequent loss of life

Foundering of a small pleasure yacht with subsequent loss of life
The incident A small pleasure yacht with three persons on board sailed in the evening, intending an overnight passage to the next port. In the early hours of the morning the vessel foundered on rocks that were close to the vessel and inshore. Two lives were lost in this incident. Observations The inquiry...
July 22nd, 2016 | Associations, Claims, Health and Safety, Marine Insurance, Maritime Accidents, P and I Clubs, Reports, Safety and Security, Yachting | Read More

Crew health: Maintaining fitness on board

Crew health: Maintaining fitness on board
The ability to maintain a fitness regime on board a vessel can be challenging, especially in instances where a ship does not have sufficient or suitable facilities for sport. However, these limitations need not stop a seafarer from taking regular exercise as part of a healthy lifestyle. Claims related...
July 21st, 2016 | Claims, Food and Drink, Health and Safety, HR, Manning - Seafarers and Offshore, P and I Clubs, Safety and Security | Read More

The Swedish Club puts root cause of insidents into focus

The Swedish Club puts root cause of insidents into focus
The front cover of “Claims at a Glance” The Swedish Club has launched its latest publication,  Claims at a Glance, which provides an insight into the full range of claims the Club has handled over the last five years, and is intended as a tool to reduce the frequency of incidents for both...
July 11th, 2016 | Claims, Defense, Disputes, Marine Insurance, P and I Clubs, Reports | Read More

The Shipowners’ Club onLoss Prevention: SOLAS Chapter VI Container Gross Mass Verifications FAQs

The Shipowners’ Club onLoss Prevention: SOLAS Chapter VI Container Gross Mass Verifications FAQs
With the amendments to SOLAS Chapter VI, container gross mass verifications, coming into force on the 1 July 2016, the Club has created a helpful infographic to answer any questions you may have on the new amendments, including why they have been implemented, what vessels they apply to and what qualifies...
July 1st, 2016 | Claims, Containers, P and I Clubs | Read More

The OW saga – UAE Federal Supreme Court decides that

The OW saga – UAE Federal Supreme Court decides that
The OW saga – UAE Federal Supreme Court decides that physical suppliers of bunkers have no right to recourse against Owners/Charterers In the first decision on the issue from the most senior court in the country, the UAE Federal Supreme Court has decided that physical suppliers of bunkers have...
June 27th, 2016 | Bunkering, Claims, Disputes, Legal | Read More