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We are experienced in obtaining cover for operators but also for Associations
seeking to reinsure part of their exposures.
The vast majority of vessel
operators now insure their liabilities by becoming a member of a Protection
and Indemnity Association, which covers shipowners specifically for
liabilities arising out of the management or navigation of their vessels.
The
scope of cover available from P & I Clubs is detailed in their individual
rulebooks, but generally, this comprises:
- Injury, illness and death of crew, passengers and stevedores.
- Repatriation
of crew and substitute expenses.
- Diversion and other
expenses incurred in landing refugees, sick persons and stowaways.
- Collision liability.
- Excess collision liability.
- Pollution by oil or other substances.
- Property damage.
- Towage contract liabilities, and liability under
other contracts and indemnities.
- a Cargo loss, shortage and damage.
- Unrecoverable general average contributions.
- Salvor's expenses under
the 1980 Lloyd's Standard Form of Salvage Agreement.
- Fines, certain
legal and other costs.
- Wreck removal.
- Excess War Risks liability.
In nearly all circumstances, an owner will be offered
cover on a mutual basis, the concept of mutuality being fundamental
to the operation of P & I Clubs. In broad terms, this means that in any one year
the premium collected from the Members should be identical to total expenses
and claims arising out of incidents during the same period. In
this way, the Club makes neither a profit nor loss. To achieve
this result it is possible that members may be required to pay a supplementary
premium during the course of a policy year in the event that claims exceed
the premium initially collected.
By tradition, the major proportion of
all Club entries are renewable at the same time - Noon, on 20th February,
and any new entry attaching mid-year has an initial period of insurance
up to the next 20th February, thence 12 months although for smaller vessels
(e.g. fishing boats, passenger charter vessels), Clubs are now becoming
more flexible and allowing P & I
renewal dates to mirror those of the hull insurance. In Club jargon,
premium is termed "Calls", thus at commencement of the policy
year the Club will make an Advance Call on its members, which is shown
as a rate per GRT of the entered vessel. Often, the advance call
is only an instalment premium, and at the same time the Club publishes
its estimate of the additional call which they anticipate will be necessary
to balance the accounts for that year with the actual amount being determined
some six months after the end of the policy year. Clubs are normally
able to maintain supplementaries in line with estimated because of their
reinsurance arrangements, the structure of which allows them a degree
of flexibility in assessing calls.
To ensure equal treatment of all members
and maintain equitable premium levels, the cover granted by Clubs is
restricted to those liabilities that are common to all the Members. Hence cover for cargo claims is on
the basis that the carriage of such cargo was on conditions that gave the
carrier the benefits and exemptions available under Hague or Hague Visby
Rules. Similarly, the liabilities under towage contract are restricted
to customary towage (e.g. compulsory towage whilst entering/leaving port)
and liabilities under indemnity contracts would be limited to Port Authority
Standard Indemnities or similar agreements. Should a Member require
wider cover than this then the P and I Club are normally able to accommodate
the request for a suitable additional premium.
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