Insurance in Shipping

A seminar dealing with the law and practice of hull, cargo and P&I insurances

Programme Topics:-

Marine Insurance

Introduction to Marine Insurance, Maritime Perils and the Policy of Insurance

Brief introduction to marine insurance, definition of maritime perils, perils insured under a marine insurance policy, commencement and termination of the risk, variation of contracts of insurance, Institute Time Clauses (Hulls), other marine insurances, warranties, structure of the insurance markets, reinsurance, professional services.

Principles Embodied in the UK Marine Insurance Act 1906

The marine adventure and maritime perils defined, insurable interest and measure of insurable value, commencement and termination of the risk, uberimmae fidei – utmost good faith, warranties, the need to disclose material information - onus of proof, measure of indemnity

Contracts for Hull & Machinery Insurance and The Perils Insured Against

Marine insurance policies, variations of contracts of insurance, Institute Time Clauses (Hulls) 1995 versus the International Hull Clauses 2003, perils insured against in the clauses, how the ISM (International Safety Management) Code may impact in the future: the extension of the " due diligence" concept, collision liability, War & Strikes, additional perils and mortgagees interest insurance.

Placing the Hull Risk, The Markets for Marine Insurance & The Role of the Hull Broker

The markets for hull insurance, function of the Broker, relationship to his client the Assured, brokers Codes of Practice, function of the Underwriter, organisation of an insurance company, Lloyd's Underwriters, market practices, analysing the risk, rating the risk, placing the risk in the markets, cover notes and policies, notification of casualties, claims recovery, basic documents in making a claim, security to salvage

Cargo Insurance: Clauses & Risks

Sale of Goods Act, Incoterms 2000, certificates of insurance, Institute Classification Clause, restrictive cargo insurance measures, seller's interest, Attachment and Termination of risk, summary of the Institute Cargo Clauses A, B and C, and war and strikes clauses.

Placing of Cargo Risk, Cargo Insurance Markets and the Role of the Cargo Broker

Market practices, types of transit, defining the cargo, basis of valuation, transhipments, facultative versus twelve month transit cover, stock throughputs, brokers responsibilities, preparing the "slip", conditions of the policy, comparison of Institute Clauses A,B & C and the American Institute Cargo Clauses, special cargo clauses, declarations, insuring project cargoes, Particular Average (PA) and Free of Particular Average (FPA) Claims, subrogation

War Risk Insurance

History and development, the" Free of Capture and Seizure" clause, Institute War and Strikes Clauses, risks covered and excluded, link with P&I, notice of cancellation and automatic termination, additional premium areas, position of mortgagee, lessons from the Middle East Gulf, periods of cover and cost.

The P&I Clubs

Historical background, structure of a Club, mutuality principle, underwriting the risk, spreading the risk, services provided by the Clubs, increase in claims, increase in calls, Group Pool and market reinsurance, the payment of a major claim, scope of cover provided by the Clubs, limit on cover provided by the International Group.

General and Particular Average

Adjustment of Claims

Role and appointment of average adjusters, role of the Salvage Association, notifying underwriters, provision of a survey and preparation of claims documents, collection of a claim.

Particular Average

Allocation of costs and repair, constructive and actual total loss, underwriters rights and liabilities on payment of constructive total loss, salvage and general average expenditure.

General Average

Declaration of general average, York-Antwerp Rules, cargo's contribution to general average sacrifice, general average expenses recoverable from colliding vessel, position regarding salvage, temporary repair and dry-dock expenses.

Casualties and Claims: Hull and Machinery and Cargo:

Organisation of the Claims Market and Processing of Claims

Who's Who in marine hull claims and what do they do, progress of a claim from casualty to collection, definition of hull, cargo and freight claims, suggestions whereby shipowners can help in obtaining a quicker settlement of their marine claims.

Collision

Definition, causation, jurisdiction, security, apportionment of blame, damages.

Salvage

Elements of salvage and considerations for an award, forms of salvage agreements (Lloyd's Open Form), practical advice to shipowners and masters in the acceptance of salvage services and their respective duties during salvage operations, International Convention on Salvage 1989, Article 14 of the Convention Special Compensation Awards, changes to Lloyd's Open Form affecting Salvors' award, operation of the Scopic Clause, examples of Admiralty Court awards.

Cargo Claims Against Shipowners

Present state of the shipping market and the reasons for the increase in the number of cargo claims, analysis of claims, Hague Rules, Hague/Visby Rules and Hamburg Rules, cargo underwriting and the practical aspects of claims handling with regard to both dry cargo and tanker claims, how owners can protect themselves against cargo claims through attention to contract documentation and to operating procedures, how claims are settled by negotiation, arbitration and litigation, operation of the time bar, practical advice for owners and masters.

Speakers

The following form the core of the Faculty who have lectured on this course in recent years.

Seminar Leader:

David Martin-Clark, Consultant, Arbitrator and Mediator, previously Chairman and Chief Executive of Miller Holding Company and Chairman and Director of its subsidiaries in the UK, Hong Kong, Singapore, Australia and the US. The Thomas Miller Group is best known for its management of mutual insurance associations in the shipping and transport industry, such as the UK Pand I Club, the UK Defence Club and the TT (Through Transport) Club.  David also founded and is the Editor of DMC's CaseNotes web site, a valuable reference source of recent law cases with significant relevance to maritime law. (www.onlinedmc.co.uk)

  • Stephen Askins, Partner, Ince & Co
  • Nigel Carden, Director, Thomas Miller & Co Ltd
  • Dr John M Doviak, Director, Cambridge Academy of Transport
  • Miles Duncan, Director, Richards Hogg Lindley Ltd
  • Stephen Kirkpatrick, Partner, Richards Butler
  • Simon Lockwood, Executive Director, Willis Limited
  • Jill Porter, Executive Director, Willis Limited
  • Ann Shazell, Claims Executive, Thomas Miller & Co Ltd
  • Dr Chao Wu, Legal Director, Thomas Miller & Co Ltd

Gain practical insight…

This course, has helped many participants reach senior management positions. Here are just a few of the practical insights which active participation will achieve:-

  • Which insurances are required and by whom during the building of a vessel
  • Which parties are at risk during various periods of employment of a vessel
  • What actions to take following declaration of General Average
  • What are the rights and obligations of cargo interests when salvage occurs
  • Who's who of marine insurance
  • How to process a major claim
  • What are the limits of cover for oil pollution

Benefits of the Course:-

Participants should achieve a clear understanding of:

  • The different methods of insuring a range of risks
  • The cost of placing different risks
  • Perils covered by the standard marine policies
  • How P&I clubs deal with claims for loss or damage to cargo, personal injury and oil pollution liability and the extent of cover provided
  • What actions each party to the marine adventure should take following a casualty or claim

Course information

2008 dates

1-3 October 2008
The Hilton London Paddington Hotel

Course fee

The cost of the three days is £1292.50 per person, fully inclusive of UK Value Added Tax, tuition, refreshments, and lunch each day. Accommodation is NOT included but is available at the venue hotel at a discounted rate to our delegates.

Of interest to:-

Those who undertake decisions relevant to the insurance requirements of ships or cargoes or individuals such as agents involved in hull or cargo claims. Underwriters, claims executives and liability insurers would also gain from participation as would bankers whose loan security is dependent upon the insurances in place.

Comprehensive course covering different aspects of insurance. Generally speaking, the course gave me the chance to acquaint myself with different aspects of insurance.

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