PROTECTION AND
INDEMNITY INSURANCE
(P&I Club Insurance)
Source:
AN INTRODUCTION TO MARINE PROTECTION & INDEMNITY INSURANCE
(Video
No Room for Error:
http://www.ukpandi.com/loss-prevention/videos/no-room-for-risk/unsubtitled/)
PROTECTION
AND INDEMNITY INSURANCE
In basic terms there are three main types of marine insurance: hull and
machinery, cargo insurance, and P&I Insurance.
Protection and Indemnity insurance, or “P&I” as it is usually
called, is a shipowner’s insurance
cover for legal liabilities to third parties. “Third parties” are any person, apart from the shipowner himself, who may have a legal or
contractual claim against the ship.
P&I insurance is usually arranged by entering the ship in a mutual insurance association, usually referred to as a “club”.
Shipowners are members of such clubs. Legal liability is decided in
accordance with the laws of the country
where an accident takes place. The P&I insurance cover for contractual
liability is agreed at the
time the owner requests insurance cover from the club and is usually in
accordance with the owner’s responsibility under crew contracts or special
terms relating to the trading pattern of the vessel.
The word protection simply means that the
insurance also covers assistance when a ship is involved in an accident and the
shipowner and his Master need help. Often the club’s
early intervention and assistance will help to head off1 problems and serve to protect the
shipowner from inflated claims.
P&I insurance is an indemnity type of insurance, which means the shipowner (or
member of the club) must demonstrate his loss
before the club will pay out (or
indemnify him) under the terms of the insurance policy. It is important to bear in mind
that the club never assumes the owner’s
liability, therefore technically the owner (or
member) is always responsible for payments (the “pay to be paid” principle). In
practice, the club takes over the business of handling claims and ensuring that
payments are correctly made.
1
To head off: to prevent or forestall (something that is likely to
happen)
1
Ex. 1 Pair work: Discuss the bolded terms in the text above
• insurance cover
• liabilities
• claim
• mutual insurance association,
• “club”
• etc.
Ex. 2 Supply the missing words:
In basic terms there are
three main types of marine insurance: Hull and machinery, cargo insurance, and
____________
Protection and Indemnity
insurance, or “P&I” as it is usually called, is a shipowner’s
insurance
____________ for legal liabilities to third parties.
“Third parties” are any person, apart from the shipowner himself, who may have
a legal or contractual ____________ against the ship. P&I insurance is usually arranged by
entering the ship in a ____________ insurance association, usually referred to as a “ ____________”.
____________ are members of such clubs. Legal ____________ is decided in accordance with the laws of the country
where an ____________ takes place. The P&I insurance cover for ____________ liability is agreed at the time the owner
requests insurance cover from the club and is usually in accordance with the
owner’s ____________ under crew contracts or special terms
relating to the trading pattern of the vessel.
The
word protection simply means that the insurance also covers ____________ when a
ship is involved in an
accident and the shipowner and his Master need help. Often the club’s early
intervention and assistance will help to ____________ problems and serve to protect the shipowner
from inflated claims.
P&I
insurance is an ____________
type of insurance, which means the shipowner (or
member of the club) must
demonstrate his loss before the club will pay out (or
____________ him) under the terms of the insurance policy.
It is important to bear in mind that the club never assumes the ____________, therefore technically the
owner (or
member)
is always responsible for ____________ (the “pay to be paid” principle). In
practice,
the club takes over the business of ____________ claims and ensuring that
payments are correctly made.
Ex. 3 Find the verbs in
the above text that take the following nouns as their
object:
__________ a claim against the ship
__________ the ship in a mutual insurance association __________ legal liability
__________ P&I insurance cover for contractual
liability __________ assistance
__________ problems
2
__________ shipowner from claims __________ demonstrate the loss __________ the owner’s liability
__________ claims
__________ payments
RUNNING
DOWN CLAUSE (RDC) AND FIXED OR FLOATING OBJECTS (FFO)
The P&I cover may include liability
for collisions (“RDC”), for example when
the member’s ship is in collision with another ship, or when the entered ship strikes a fixed
object, i.e. a quay, dock or buoy (“FFO”). However,
collision and striking liabilities
are often included in the ship’s hull and machinery cover, for instance under the Norwegian Insurance Plan. Therefore, it is important
for a Master to ascertain whether his vessel’s collision
insurance (collision between ships) and striking insurance
(i.e. when a ship strikes a fixed or floating object which is not another ship)
is covered under his P&I policy
or under his hull and machinery
policy. To be safe, it is always wise for a
Master to inform the P&I club, or the club
correspondent, if his vessel
is in collision with another vessel or a fixed object.
DEATH
AND PERSONAL INJURY ON BOARD THE VESSEL
P&I insurance covers an owner’s
liability for all deaths, personal injuries and illnesses which occur on board, including death or injury
to crew, passengers, stevedores, pilots and visitors to
the ship.
REPATRIATION
OF SICK OR INJURED CREW AND HOSPITAL EXPENSES
P&I
insurance also covers a shipowner’s liability to
pay for the costs of repatriating
crew members who become sick or are injured on
board. The insurance also covers
the crew’s hospital bills and costs of sending
replacement personnel to the ship if
necessary.
LOSS
OF CREW MEMBERS’ PERSONAL EFFECTS
P&I insurance also covers the owner’s liability for loss of crew belongings in cases of shipwreck
or fire on board. The cover only applies to items which are deemed to be reasonable for any crew member to have with him on board. A crew
member travelling with unusually expensive items, such as laptop computers, gold watches etc should make
sure that he has such items separately insured.
1. Ex. 4 Match the explanation in the left-hand
column with the correspondent
heading in the right-hand column I. The P&I cover may include liability
for collisions (“RDC”), for example when the member’s ship
is in collision with another ship, or when the entered
ship strikes a fixed object, i.e. a quay, dock or buoy
(“FFO”). However, collision |
a. LOSS OF CREW MEMBERS’ PERSONAL EFFECTS |
|
3
and striking liabilities are often
included in the ship’s hull and machinery cover, for instance
under the Norwegian Insurance Plan. Therefore, it is
important for a Master to ascertain whether his vessel’s
collision insurance (collision between ships) and striking
insurance (i.e. when a ship strikes a fixed or floating object
which is not another ship) is covered under his P&I policy
or under his hull and machinery policy. To be safe, it is
always wise for a Master to inform the P&I club, or the
club correspondent, if his vessel is in collision with another
vessel or a fixed object. II. P&I insurance covers an owner’s
liability for all deaths, personal injuries and illnesses
which occur on board, including death or injury to crew,
passengers, stevedores, pilots and visitors to the ship. III. P&I insurance also covers a
shipowner’s liability to pay for the costs of repatriating crew
members who become sick or are injured on board. The
insurance also covers the crew’s hospital bills and costs of
sending replacement personnel to the ship if necessary. IV. P&I insurance also covers the
owner’s liability for loss of crew belongings in cases of
shipwreck or fi re on board. The cover only applies to items which
are deemed to be reasonable for any crew member to
have with him on board. A crew member travelling
with unusually expensive items, such as laptop computers,
gold watches etc should make sure that he has such items
separately insured. |
b. DEATH AND PERSONAL INJURY ON BOARD THE VESSEL c. RUNNING DOWN CLAUSE AND FIXED OR FLOATING OBJECTS d. REPATRIATION OF SICK OR INJURED CREW AND HOSPITAL EXPENSES |
|
Ex.
5 Group work: Discuss the following P&I insurance concepts (terms) in your
group:
• RUNNING DOWN
CLAUSE (RDC)
• STRIKING FIXED
OR FLOATING OBJECTS (FFO)
• DEATH AND
PERSONAL INJURY ON BOARD THE VESSEL
• REPATRIATION OF
SICK OR INJURED CREW AND HOSPITAL EXPENSES
• LOSS OF CREW
MEMBERS’ PERSONAL EFFECTS
LOSS
OF OR DAMAGE TO CARGO
One of the major functions of Protection and Indemnity insurance is to cover a
shipowner, or the charterer of a ship, for liability for loss of, or damage to, cargo if
there has been a breach
of the contract of carriage.
This breach of contract usually
means that something has happened to the cargo while it was on
board the ship or
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being loaded or
discharged, and for which the owner or charterer can be held
responsible, i.e. shortage or damage to the cargo. Therefore,if a Bill of Lading is
signed and states that 10,000 sacks of
potatoes are loaded and only 9,500 are
discharged - then the ship (the owner or
charterer, or both) may
be held liable
for the
loss. Usually, the cargo insurers will pay
the person or company who owns the cargo
(the receiver) for the costs of loss or damage
to that cargo. The cargo underwriters
will then seek
to recover their losses from the shipowner or charterer. The P&I
club
will usually take over the handling of such claims on behalf of the assured. This is
one of the reasons why evidence in the form of documentation, copies of the log book,
surveys of damaged cargo, copies of tally
books, dated photos of loading in the rain etc
are very important in establishing the exact
reason for the damage. There are certain
defences open to the shipowner, such as being able to establish that the
packaging of
the cargo was not good enough to protect it
during transportation. Ensure any damage
is surveyed and recorded.
Damage to cargo is the most frequent type of liability
that confronts a shipowner.
Unfortunately, cargo damage is often caused by small mistakes.
An important function of the Bill of Lading
(B/L) is to describe the condition and quantity
of the cargo as received on board. If the
cargo is discharged in a different condition, or
in lesser quantity than that entered on the
B/L, the
shipowner may be held liable for the
damage or
shortage.
OTHER
P&I COVERED RISKS
Other risks
covered include liability for stowaways,
liability for oil pollution and other types of pollution and legal liability
for wreck removal if the
ship sinks and is blocking free navigation
for other vessels. In short, P&I insurance is a very comprehensive type of insurance cover which makes it easier for a shipowner or
charterer to trade in international
shipping transportation. P&I is as important to a prudent shipowner as his Hull and Machinery insurance cover.
SUMMARY
P&I is a special type of marine insurance. It is a liability insurance that a prudent shipowner,
manager or charterer needs, particularly if the ship is employed in international trade. P&I insurance covers a shipowner
or charterer for liabilities and losses in direct connection with
the operation of the ship. We often use the term “third party insurance”
to explain P&I.
Ex. 6 Supply the
missing word in the right place in the sentence
LOSS OF OR DAMAGE TO CARGO
One of the major functions of
Protection and Indemnity insurance is to a shipowner, or the charterer
of a ship, for or loss of, or
damage to, cargo if there has been a of the contract of carriage. (cover,
liability, breach)
This breach of contract usually means that something has
happened to the cargo while it was on board the ship or being loaded or
discharged, and for which the owner or can be held responsible, i.e. or damage
to the cargo. (charterer, shortage)
Therefore, if a Bill of Lading is and states that 10,000
sacks of potatoes are loaded and only 9,500 are
discharged - then the ship (the owner or, or both) may be held for the
loss. (signed, charterer, liable)
5
Usually, the will pay the person or company who the cargo
(the receiver) for the costs of or damage to that cargo. (cargo insurers, owns, loss)
The cargo underwriters will then to
their losses from the shipowner or charterer. (seek, recover)
The club will usually take over the
of such claims on behalf of the. (P&I,
handling, assured)
This is one of the reasons why in the
form of documentation, copies of the, surveys of damaged
cargo, copies of, dated photos of
loading in the rain etc are very important in the exact reason for the damage. (evidence, log book, tally books, establishing)
There are certain open to the
shipowner, such as being able to that the packaging of the cargo was not good
enough to protect it during. (defences, establish,
transportation)
any damage is and recorded. (ensure, surveyed)
Damage to cargo is the most frequent
type of that a shipowner. (liability, confronts)
An important function of the is to describe the condition
and quantity of the cargo as on board. (Bill of Lading (B/L), received)
If the cargo is discharged in a different condition, or in
lesser quantity than that on the B/L, the shipowner may be liable the damage or. (entered, held, for, shortage)
OTHER P&I COVERED RISKS
Other covered include liability for, liability for oil
pollution and other types of pollution and wreck
removal if the ship sinks and
is blocking free navigation for other. (risks, stowaways, legal liability
for, vessels)
In short, P&I insurance is a very
type of which makes it easier for a or charterer to in international shipping
transportation. (comprehensive, insurance cover,
shipowner, trade)
P&I is as important to a
shipowner as his insurance cover. (prudent,
Hull and Machinery)
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Ex 7 Supply the missing terms
HOW
MUTUAL P&I INSURANCE
ACTUALLY
WORKS
If a shipowner or _________ requires P&I insurance in connection with
the operation of a vessel, he may
contact a P&I association. A Protection
and _________
association is often referred to as a “club”.
This is because the members club together to
insure similar risks on a mutual _________
_________
insurance means that the members of the club are its owners and share in
its results.
Therefore _________ are also mutual and estimated for a given
policy year and finally decided when
the year is closed which is minimum (but also
normally) three years later. _________ are therefore
referred to as “calls”. An Estimated Total
Call is calculated for any given ship. _________ may be charged
all in advance, the full Estimated Total Call
or divided into Advance and Supplementary Calls. The benefit
of charging Estimated Total Call the first
policy year is that the member may be able to fully budget his
_________. Before the policy year is finally
closed, the club can decide to cover the _________ and to
charge an Additional Supplementary Call. The
reason why accounts are kept open is that cases continue
to develop and could over time become more,
or less, expensive than initially anticipated. In a P&I
_________ members come together to insure
similar risks on a mutual basis.
Accordingly, Estimated Total Calls could also be
reduced. A mutual club may wish to increase its reserves, but does not make “profits“ since there are no owners
other than the members themselves.
The club has a Board of Directors who,
naturally, expect the managers to do a best possible job. In
practice, this means providing insurance
cover and first-class service, at the lowest possible cost.
P&I (and Hull & Machinery) premiums
are important parts of the overall operational costs, together with crewing,
maintenance, store and supplies of fuel, etc.
The mutual system is occasionally challenged by what is
referred to as “fixed premium facilities”. However, the know-how and claims handling expertise of the clubs, together with
the universal
acceptance of a club Letter of Undertaking,
have so far made the clubs the preferred choice for the
majority of owners and charterers.
There are
many ways of measuring the performance of a P&I club. If members
collectively have few
claims - and club management does a good job of handling those
claims on behalf of the members
- costs can be kept to a minimum (heavy losses and many
claims lead to higher premiums). But not even the world’s most qualityconscious
operator, and most extensive loss prevention programmes,
can eliminate claims altogether. Therefore,
the member depends on his P&I insurance to give him the security of being
able to trade in a competitive market.
7
Ex 8 Match the text on the left with the
corresponsing headings o the right HOW
YOU CAN HELP |
|
1.
Inspect cargo as it comes on board. 2.
If you receive damaged cargo or less cargo than declared for shipment,
make sure the damage or shortage is recorded on the Mate’s
Receipt for clausing of the B/L. Notify the shipper and charterers
that you intend to alter the shipping document to reflect your
observations. 3.
Do not give authority to sign a clean B/L in exchange for a “back letter” or indemnity - such action can be fraudulent
and may make the
P&I insurance invalid. 4.
The tallying of cargo during loading and discharge is a useful way to avoid
or limit shortfalls. 5.
Inspect the cargo and record any differences 6. Record in the log book inspections of cargo holds
undertaken by the ship’s
officers or crew during the voyage. 7.
Make sure that cargo is carefully and safely loaded, stowed, separated,
carried and discharged. 8.
In Time Charters applicable to dry cargo vessels, the responsibility for
load, stow, trim and discharge operations is sometimes transferred
from the shipowners to the charterers. Therefore, if you see reason to interfere in the way the charterers, or
their supercargo, stow
or handle the cargo, make sure you carefully write down your reason
for objecting. Report your remarks to the ship’s owners. In this
respect, photographs can be very useful. 9.
Remember the Master always has the final responsibility for the seaworthiness
of the vessel. Safely stow the cargo. 10.
If you suspect that your cargo may have been damaged during the voyage, inform the ship’s owners. They should then
request Skuld to arrange
for a surveyor to meet you at your destination. Alternatively, you
can always contact your local Skuld correspondent. They are instructed
to immediately assist you in any way. 11. In case of
heavy weather, keep a copy of any meteorological reports or warnings, and properly record the conditions in the
ship’s log. This particularly
applies to adverse sea conditions which may cause damage
to the goods on board. 12.
Lodge a sea protest at your next port of call and make sure a
log extract showing relevant entries is attached.
Co-operate as much as possible
with the surveyor appointed on behalf of the owners at the destination. If
possible, the Master should attend the survey of the damaged
cargo himself, or have his Chief Officer attend. 13.
Consult the local Skuld correspondent before giving permission
for unauthorised
surveyors or lawyers to board the vessel. Protect the owners’
interests by posting a gangway watch and, if necessary, prevent
unauthorised people from boarding the vessel. Keep
copies of
weather reports |
a. No “back letters” b. Put it in writing c. Seaworthiness d. Record the damage e. Is it damaged? f. Record inspections g. Safely stowed h. Survey the damage i. Keep unidentified people away j. Tally k. Protest l. Log it! m. Surrender of cargo n. Weather reports o. Keep wet cargo separate |
8
14.
Damage can be reduced by the immediate separation of wet cargo
(e.g. wet fertiliser)
from the rest of the cargo.
15.
Record in the log book any known cause of damage to the cargo,
e.g. freak waves, heavy weather (particularly if you reduce speed or
alter course) etc. Also note any other event that may have a bearing on the
cargo carried, e.g. ventilation to avoid condensation, relevant dewpoint
readings in the cargo spaces and outside etc.
16.
Cargo must only be delivered to the holder of the original B/L or
his
agent. This important
formality is usually attended to by the ship’s
agents, but if you do fi nd yourself in a diffi cult or worrying
situation,
contact the local Skuld correspondent. Before
leaving the subject of
damage or loss to cargo, it might be
appropriate to recall Article 3,
paragraph 2:
“Subject to the provisions of Article 4 of the
Hague Rules,
the carrier shall properly and
carefully load, handle, stow,
carry, keep, care for, and discharge the goods
carried.”
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P&I
insurance covers:
Loss of life
Injury to crew members and
others;
Hospitalization of crewmembers in foreign
ports;
Expenses
incurred in repatriating crew members who have
been hospitalized in foreign
ports;
Repatriation of
crew members of stranded or lost
vessel;
Loss or damage to cargo;
Liabilities for damage to docks,
cables
(submerged or other), shore installations,
navigation aids, bridges and other fixed or
movable properties, damage to property of any
kind caused by excessive speed in harbor;
Certain types of fines and pena1ties,
and
practically all risks not covered by marine
insurance companies.
Marine insurance companies and P&I, known
as underwriters, indemnify the shipowner only
for damage and losses specified in the policy after the shipowner
proves that such damage or loss has
occurred. This is determined by surveys,
entries in the log, reports and statements submitted by the
master.
Making up proper reports and statements and
getting statements from witnesses in case of accident or casualty to the vessel or cargo or injury to
a person, serves an important purpose in the protection of your company's interests. This is
time-consuming labor, but it is a necessary evil, and one which cannot be avoided. Therefore, all reports and
statements should be completed with the least possible delay. All reports and statements should
be clear, neat and legible.
Logbook Entries. In each case of accident or loss, or of fire on board,
collision or grounding, detailed entries should be made in the official log. In
certain types of accidents, such as collision and grounding, it is a good idea to make rough notes on a pad
and enter them in the log in proper sequence.
If in doubt about whether to make an entry or not, a safe rule is to enter it
in the log, but only after it has been
roughed out. Do not trust anything to memory. Write it down as soon as possible after the occurrence, while it is
still fresh in mind.
The Reports and Statements. Your company may want reports on special
forms, on all accidents, even those which do not ordinarily
require a comprehensive report or statement.
In cases of injury to a person on the vessel,
first aid should be rendered immediately. If in port, and it is thought necessary, a doctor should be
called or the injured person should be sent to a hospital. Fill out
Injury Reports and enter all details in the medical log, and, if a crew member
is involved, in the official log.
Accidents Going or Leaving Drydock. If your ship touches another vessel or
craft, an
accident report should be made out. Due to
the close quarters in some drydocks this type of accident
occurs occasionally. If your vessel was using
her engine, a copy of the logbook and bellbook
covering the time should also be made up.
Names of tugs used and their positions around the vessel
should be shown on a diagram. The pilot
should also make a statement. A similar report is necessary
10
if the vessel strikes any part of the drydock. Statements may also be required from the
officer on duty on the bridge and the man at the wheel
and the lookout.
Cargo Damage. Cargo damage is a constant
problem. Usually, it is the chief officer who must
write a statement and make a report giving
the reason for the damage. If it was caused by salt water,
he should note in the statement that the hatches were properly
battened down and the number of tarps
used on each. Provided all facts are correct, the statement and
report are countersigned by you.
An abstract of the log (six copies) covering
the period of the heavy weather should be made up. The weather must necessarily have been
extra-ordinarily heavy - not the rough weather usually expected on the voyage. The log should show what steps
were taken to avoid heavy weather damage and to prevent laboring of the vessel - such as slowing
down, changing course or ballasting. Such entries in the log will be of assistance to your
insurance department in fighting a claim made against your company for damage to cargo. Any repairs to the
vessel for damage attributed to the heavy weather on that voyage should be noted in the logbook and
in the statement.
Collision with Another Vesse1. First of all, fill out the required form
sending one copy to
your insurance department. A number of statements and reports will
have to be made. Therefore start
taking notes immediately or put an officer on the job. Don't
forget to serve notice on the master of the
other vessel, that her company will be held
responsible for all damage sustained by your vessel.
Request the addressee of the letter to acknowledge its receipt.
Chances are he will not do this, and he
may even refuse to accept the notice. In all probability he will
serve you with the same kind of notice.
Do not accept or acknowledge it even though
you may have hit him amidships on a clear day when
his vessel was at anchor! Never admit
liabillity or that your vessel was at fault. Leave that to your
company insurance department if they think it
necessary. Don't give out any information and don't
allow anyone, with the exception of the
authorities' officials, to examine the logbooks or bellbooks.
Note in your logbook and in your statement:
(a) That you made certain as to whether anyone was
injured on either vessel.
(b) Whether the other vessel was in need of
assistance. (Remember that if you can with safety you
must stand by her until she is reported out of danger).
(c) That you had bilge soundings taken hourly or
oftener, as thought necessary.
(d) The extent of damage to your vessel as far as
known.
(e) The names of witnesses-men who were on deck at
the time.
QUESTIONS
11
1. What does marine insurance
indemnify the company against?
2. What is covered by the
Protection and Indemnity Clubs?
3. Explain the terms
“hospitalization” and “repatriation”.
4. How does the Owner prove
that the damage or loss has occurred?
5. Who makes use of your
reports or statements on the accidents, injuries, etc.?
6. What information should
be entered in the logbook?
7. What should you do in
case of an injury to a person on board?
8. Why are accidents on
going or leaving drydock or docks in general so frequent?
9. What is the procedure
followed in case of cargo damage?
10. What should you do as
master in such a case?
11. What information on the
weather during the accident should be entered in the log?
12. Describe the procedures involved in reporting and recording
the collision with another vessel.
13. Why should you not admit
any liability or a fault? Who is supposed to deal with it?
14. What are the most important
particulars to be noted in the ship's logbook or in the master's
statement?
EXERCISES
I COMPREHENSION AND VOCABULARY
1. Give the words or phrases referring to the
definitions below:
1) Company
that indemnifies the Owner against damage to or loss of a vessel or cargo;
( )
2. Societies covering the risks of loss of life, striking docks or
shore installations, expatriation
expenses,
hospitalization of crew, etc. ( )
3. Book where the important details of the
voyage are entered every day; ( )
12
4. Ladder
for boarding a ship; ( )
5. Putting into a port of refuge, i.e. a port
other than those provided in the C/P or voyage
schedule; ( )
6. Persons or company engaged in stowing cargo
in the ship's holds; ( )
7. Pieces of canvas for covering the hatches,
etc.; ( )
8. Space in the ship where water, oil and
moisture are drained; ( )
9. Expenses incurred by the Shipowner in
connection with running the ship under a C/P or
other contract; ( )
10. The act of throwing cargo and stores overboard in order to
save the vesse1; ( )
2. Complete the letter below with the
appropriate prepositional phrases (in brackets) and state
what the Master's intention is: (AT THE SAME TIME, AT A LATER DATE, IN
REPLY,
HEREWITH, IN CONNECTION WITH)
Repudiating responsibility in the collision
Dear Sirs,
13
to your
letter dated 16.02.1986. the collision
between my vessel and your vessel off Hull, I repudiate all
responsibility for the above collision and
all the consequences arising therefrom.
I hold you responsible for all damages caused
to my vessel and for all the relative
consequences.
I reserve my Owner's right to revert to this
matter
Faithfully yours,
Master, MV NUTCRACKER
II
GRAMMAR
1. Supply the missing form of the verb in brackets:
(ADVISE, ARISE, CAUSE, GET IN TOUCH,
OCCUR, PROTECT)
1. Disputes in the sea trade as a result of the infringement of the contract of
carriage,
maritime regulations, and laws or as a consequence of accidents which at sea or
in ports.
2. The accidents by the action of natural elements (wind, sea,
current) or by
maritime perils (accidents such as collisions, striking
docks, fire, explosion, stranding, engine
breakdown, etc.)
3. Exoneration clause the Owners
from certain risks such as errors in
navigation and in the management of ships.
4. As soon as an accident , the Master should the P&I Club's
representative
in the port and supply him with the necessary
information and documents. At the same
time he must with
the ship agent and the Owner.
2. Supply the missing prepositions
(Fire Report):
MV ANA
LUISA (Santos Hamburg) presently berthed port Recife,
reports fire hold sisal (Lloyd's Agents). ANA LUISA sailed Salvador 2315,
May
10, Fortaleza her voyage North
Europe. Vessel loaded
this port
general cargo and 1600, May
11, fire was discovered No. 5
hold, apparently started sisal cargo.
Initially crew used water and subsequently carbon
14
dioxide.
As fire continued, vessel was diverted Recife, arriving 0543 May
12 and
berthing 0700 same day. Assistance fire brigade was provided and
fire was finally extinguished 1110 today. The hold is totally flooded and
discharge
all cargo starting now.
3. Cause III.
Cause is also expressed by words
(verbs, nouns) denoting cause or reason:
1) The
officer must write a statement and make a report giving the reason for
the damage.
2) The
damage was caused by salt water.
3) The
true cause of the damage was the inadequate stowage of cargo.
4) A large
proportion of cargo claims arise from lack of or improper dunnage.
5) For
this reason each accident report must be supported by extracts from the
logbook.
6) The
statement of the officer gave rise to large disputes.
Rephrase the sentences below following the
above examples from (l) to (6) where applicable:
1. Fire in the engine room was caused by
careless welding.
2. The fire occurred through the careless
handling of the pumps.
3. The true cause of the damage is still
unknown.
III
TRANSLATION
Translate the following questions into English (to be
answered and completed in drawing up an Accident Report):
1. Koliki
je bio gaz broda na pramcu i na krmi?
2. Koje su
pomorske karte bile korištene (naziv, broj, datum i izdavač)? Dan zadnje
korekcije prije
nezgode?
3. Koliko
je kompasa bilo na brodu? Da li su bili ispravni? (in good order)? Žiro-kompas?
Magnetski kompas?
4. Je li
vrsta tereta mogla djelovati na (affect) kompas?
5. Je li
oprema za spašavanje na brodu bila u skladu sa zakonskkim propisima (statutory
requirements)?
15
6. Koliki
je bio broj vodonepropusnih
predjela (compartment)? Da li su se
pokazali (prove)
korisnim u slučaju ove nezgode?
7. Da li
su sredstva i oprema za gašenje (fire appliances) na brodu bili u skladu sa
zakonskim
propisima?
8. Koja
se količina tereta/balasta prevozila? Koja vrsta tereta? Gdje se nalazio (carry)?
9. Je li
brod imao tereta na palubi?
10. Je li brod bio prekrcan? (overladen)?
11. Je li teret bio pravilno složen?
12. Da li su skladišta bila ventilirana?
13. Kakvo je bilo vrijeme prilikom nezgode?
14. Koja su navigacijska pomagala i sredstva bila
na brodu, i koja su se koristila prije nezgode?
15. Koji je bio kurs naseg broda (own ship)? Kada
je drugi brod bio primijećen prvi put (observe)?
16. Koja je bila brzina našeg broda?
17. U kojem se smjeru (azimutu) nalazio drugi
brod?
18. Kakvi su bili radarska udaljenost i
azimut drugog broda?
19. Broj svjetala drugog broda i vrsta?
20. Koji je bio kurs drugog broda kad je primijećen?
21. Da li su motori bili usporeni ili
zaustavljeni?
22. Koja je bila brzina našeg broda kada je došlo
do sudara?
23. Da li
su svijetlila (show) propisna svjetla, i da li su dati propisni
signali za maglu?
24. Je li drugi brod dao svoje ime i ostao u
blizini (stand by) radi pomoći poslije sudara?
25. Da li se glavni stroj pokvario (break down)
prije potonuća?
26. Da li se prije potonuća (foundering) pokvario
kormilarski ureñaj?
27. Da li su se pokvarile ili nisu radile
(become inoperative) brodske pumpe?
28. Kada je došlo do puštanja broda (spring a
leak)?
29. Kada je brod počeo krcati vodu, (ship water)?
30. Koji je kurs
imao brod prije potonuća?
31. Koje su mjere bile poduzete da se spriječi
nesreća?
16
Further reading
Protection and Indemnity
Insurance
When you
conduct a service for reward or third parties use your facilities, you have an
exposure to claims should something go wrong. The same applies to Shipowners or
operators. You can purchase insurance to cover these liabilities, namely P&
I Insurance.
These
three marine insurances, H&M, Cargo and P&I are linked and give the
interests in a marine adventure the insurance cover they need.
History
Marine
Insurance - Roots go back to Ancient Greek and Roman times.
Shipowners
were faced with claims from 3rd parties with those ships they had been in
collision.
•A court ruling in 1836 found that following a collision
hull cover did not extend to damage caused by collision.
•H&M Insurers acted quickly to
address this gap but only provided 3/4th of the damage.
•Original limitation was to the value of the ship itself,
but this began to be exceeded, leaving shipowners to find the excess.
Until
1870, shipowners could use the exclusions in their Bills of Lading to avoid
liability for cargo related claims. An incident occurred whereby it was deemed
it lay outside of the exclusions and the shipowner was liable and Club rules
did not cover the cargo claim.
•This and the ever increasing value of cargoes and the
willingness of cargo interests to try and recover their losses caused the
shipowners to look at the cover available to them.
•To cover cargo risks, known as
“Indemnity Risks”, “Indemnity Clubs” were formed and the already established
Protection Clubs amended their rules to take on Indemnity risks and “Protection
and Indemnity” Clubs came into existence.
P&I
stands for Protection and Indemnity. This is a specialist class of liability
insurance protection
for ship owners and charterers. It is rather useless to
go into deep details of P&I practice as most
of dedicated insurers are publishing their own guides
into P&I world, however we would be
pleased to go into academic issues about P&I over a
pint of beer with anyone interested!
The
initial idea of P&I cover is to protect the ship owner's interests
against claims from third
parties and to indemnify him in case ship owner is
liable to compensate third party losses.
Normally
you would face two "classes" of cover available from most P&I
insurers, namely: Class I - Protection & Indemnity (P&I):
This is
general liability insurance, which would cover ship owners' liability for main
exposures they
17
may face
in today's shipping, including, but not limited to
- Cargo
- Crew
-
Passenger (and other persons carried on board) liability
-
Stowaways and refugees
-
Collision and contact with fixed or floating objects
-
Pollution
- Wreck
removal
-
General Average not recoverable under Hull policy
- Fines
-
Quarantine
Class II
- Freight, Demurrage & Defence (FD&D):
This
insurance is covering ship owners' reasonable costs for necessary legal
assistance in relation to disputes, which are directly connected with the
operation of the insured vessel.
It goes without saying that you do not need to be liable
to be held liable, so FD&D cover is
becoming more and more popular within shipping community
these days.
To make
things simple P&I insurance providers could be divided in two categories:
- Mutual
clubs
- Fixed
price facilities
Basic
principle of mutuality is that you would be a member of the Club (similar to
share holder)
and will be able to participate in general routines of
your Club's operations. The benefit of the
Club is that you automatically obtain the maximum
possible coverage and certain flexibility and service level in claims handling
and risk management, but on the other hand the premium you pay is also mutual
and you may, in the end, contribute to somebody else's claim by paying a
supplementary call (that's how Clubs are calling extra
premium for already expired period of
insurance) when you have not budgeted it.
Major
mutual Clubs are forming International Group (http://www.igpandi.org).
Fixed
price facilities are commercial organizations (as a regular insurance company),
which are able to provide limited insurance cover (normally up to USD 250 or
USD 500 million) on similar insurance conditions as any Club. You hardly will
have any extra member benefits, but your premium will be predictable and fixed
for a certain period of time.
18
Protection & Indemnity
(Source:
http://www.amt-insurance.com/en/protection_indemnity/)
P&I
or Shipowner’s liability insurance is a form of marine insurance which protects
shipowners, ship-operators and charterers of ships against third party
claims for indemnity (third party liabilities attributable to operation of a ship).
AMT Insurance provides P&I cover
either for domestic or foreign small and mid-sized shipping companies and other
shipping-related businesses.
Typical scope of cover under
P&I policy
• Personal injury to or illness or loss of
life of crew members, passengers and third parties;
• Loss or damage to property including: other
ships, cargoes, fixed and floating objects of
ports’ and waterways’ infrastructure;
• Pollution
of environment caused
by oil spills
or contamination by
other polluting
substances from the insured ship.
Risks covered under the
standard cover
• Liability of shipowner i.r.o. loss of or
damage to cargo or personal effects carried on board
the ship;
• Towage contract liabilities which a
shipowner may incur in respect of the towed object,
and also to passengers and others persons
carried on it;
• Liability i.r.o.
loss or damage to other ships and/or cargo thereon, shore and offshore
structures etc. as a result of collision;
• Liability i.r.o. pollution caused directly
or indirectly by the insured ship;
•
Wreck liabilities which shipowner may incur
in respect of the removal, destruction, lighting
or marking of the wreck of the ship;
• Liability i.r.o. crew members in the event
of death, injury or illness;
• Liability i.r.o. personal injury to or loss
of life of persons other than seamen. Additional cover
It
should be noted that P&I cover i.r.o. personal injury to or illness or loss
of life of crew members
is regulated by Articles 58-60 of Russian Maritime Code:
“Repatriation of the vessel’s crew
members”,
“Personal effects of
a vessel’s crew
members” and “Duties
of shipowner”,
respectively.
We issue
• “Blue Cards” on request of the Assured as
an evidence of insurance coverage in place as
per
the requirements of International Convention on Civil Liability for Bunker Oil
Pollution
Damage,
2001.
• “Certificate of
insurance” which is a must-be requirement for vessels calling at any
Japanese
port under “the Law on Liability for Oil Pollution Damage” issued by AMT
Insurance
is approved by Ministry of Land, Infrastructure and Transport of Japan (MLIT).
Period of cover
The
standard cover normally runs for a period of 12 months and is to be renewed
thereafter. Cover
for one particular voyage is also given.
Limit of liability
To be
agreed for indemnification of the Assured for damages with regard to any one
accident or
19
occurrence in relation to the
insured vessel. The Assured may opt for several different limits which
apply
for different risks. All limits of liability are due to be set out in the
policy.
Premium Is calculated individually. It depends on the
limit purchased by the Assured, deductible
amount,
vessel’s specification, type, trading pattern, loss record etc. Normally
payable quarterly.
Our advantages
Since we
are a specialty company with the main focus in MAT segment we appreciate and
understand
features and patterns
of our customers’
business. We differentiate
by clear
understanding of clients’ expectations of transparent and
effective services and do our best to
satisfy
them.
We have
diligently worked on such items of our products like:
• arrangement
of first class
reinsurance protection with
limit up to US$
10,000,000
supported
by Lloyd’s Syndicates and companies of international specialty insurance and reinsurance market;
•
putting together of a network of
professional and effective P&I correspondents in the main
ports all over the world;
•
arrangements of cooperation with friendly
fixed-rate P&I facilities for the case to unite our
capacities when a high limit policy is
required by our customer.