P&I Club Correspondents Under Pressure

Press Release
Tuesday, February 05, 2013
File

ITIC says P&I correspondents are coming under increasing pressure from clubs and from third parties to ensure that they have taken out professional indemnity insurance.
 


In the latest issue of its newsletter, The Wire, ITIC says it is aware that at least one International Group P&I club is considering asking all its correspondents to obtain professional indemnity cover, and anticipates that a number of other clubs will follow suit.



ITIC has recently commented on a proposed P&I club contract for its correspondents, and has highlighted areas where it believes the correspondent should not be held liable. It has also commented on what it considers to be a reasonable limit of liability for a P&I correspondent.



To illustrate the importance of adequate insurance cover, ITIC cites the case of a correspondent asked to survey a cargo of 2,000 metric tonnes of bulk fertilizer which had been contaminated by residues from a previous cargo. The correspondent, having carried out the survey - and following several telephone conversations with the P&I club - obtained verbal agreement to offer the cargo interests a depreciation allowance of $22 per tonne, which was accepted.



When the cargo interests submitted their claim for $44,000 to the P&I club, the club refused to pay, maintaining that the correspondent had acted without authority in offering settlement. The consignees therefore sued the P&I club and the shipowner. The correspondent was also involved, on the grounds that, if the court found that it had no authority, then it would be liable under the doctrine of breach of warranty of authority.



The case went to court in London. As the correspondent had no confirmation in writing, the dispute turned on which witness was believed. On this occasion the court found that the correspondent had been authorised to make the offer. However, if the correspondent had not made a convincing witness, and had not kept contemporaneous notes, it would have had to pay the claim, plus interest, plus the costs of some of the other parties involved, and would have faced a liability of more than $100,000.



ITIC insures more than seventy P&I club correspondents globally, on whose behalf it has handled claims arising out of missed time-bars and acting without the principal’s authority in conducting settlement discussions. It emphasises that, irrespective of whether correspondents are required by the clubs for whom they act to take out insurance, they clearly face an exposure to claims from both their principals and from third parties in respect of the work they undertake in investigating and responding to incidents.

 

Email AddThis Feed Button
Maritime Reporter May 2013 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Finance

Maersk Drilling Fast Out of the Blocks in 2013

Interim financial results for Q1 2013 show a strong start to 2013 by Maersk Drilling. With an increase in profit to USD 146 million in the first quarter of 2013

China Development Bank Grants Paragon Credit Facility

Greece's Paragon Shipping Inc. obtains a $69-million credit facility with China Development Bank  to partially finance its two 4,800 TEU containerships currently under construction.

Hapag-Lloyd Cuts Losses in Q1 2013

The company reports its earlier loss significantly reduced in first quarter 2013 financial results. Financial highlights: Freight rate up 4.2% year on year

News

Ro-Ro Specific EEDI Approval Welcomed by Interferry

A sector-specific Energy Efficiency Design Index (EEDI) for new ro-ro cargo & ro-pax vessels has been agreed by the IMO Marine Environment Protection Committee – MEPC 65.

Georgia Port Reports Highest Tonnage on Record

Georgia Ports Authority (GPA) moved 2.4 million tons of cargo in April, a 4.7 percent increase – or 108,532 tons – over the same month a year ago. This figure was

U.S. Coast Guard Accepts Nine BWTS as AMS

Followers of the Ballast Water Treatement System (BWTS) situation (ie. presumably anyone reading this publication) were heartened last month when the U.S Coast

Insurance

Steamship Mutual Addresses Underwriting Imbalance

Steamship Mutual released interim financial results for the year ending February 20, 2013. As with all international group clubs, underwriting performance for the year ended February 20,

TT Club Reports Positive Trading Performance

Specialist liability insurer for the international transport and logistics industry TT Club said it had another good performance for the year ended December 31,

Invoicing Error Lays Massive Bill on Shipbroker

ITIC revealed how an invoicing error led to a shipbroker being asked to foot the bill for a bunker supply amounting to more than three-quarters of a million dollars.

 
 
mobi | rss feeds | archive | history | articles | privacy | contributors | top news | about us | copyright