United Insurance Brokers Ltd. Cargo claims guide

Transcription

1 2018

2 CONTENTS Introduction...3 Our service...4 General...6 Prompt Reporting...6 Duty of Assured and Liability of Carriers, Bailees or other Third Parties...6 Documentation (General Cargo)...7 Documentation (Bulk Cargoes (Oil/Gas/Liquid/Dry Commodities and Similar)...8 Delay in Start Up Insurance (DSU)...9 General Average...9 General Average Documentation Salvage Guideline time frames for presenting Claims on Carriers...11 Incoterms...12 Sample Notice of Claim against Carrier...14 Sample Letter of Indemnity Wording...15 Sample Payment Authority Wording...16 Subrogation...17 Dictionary of useful Terms Marine 2018

3 Introduction Welcome to our Marine. We hope this will serve as a useful reference guide for you. Trade is far from simple The complexities of an insurance transaction that are covered in a few words in the insuring terms are only ever truly tested by claims. UIB s acknowledgement of this drives us to offer a complete claims service. We appreciate that the standard and level of service we provide is of paramount importance. UIB London understands this and has built its entire business culture around claims service. We aim to have detailed discussions with clients to implement the structures that will assist in seamless claims handling. We appreciate that the co-ordination between many parties is often critical to the provision of this service and have built our team in London accordingly. UIB takes pride in the fact that we are able to provide a professional and prompt claim service. A question What do you buy when you take out an insurance policy? The transfer of premium should always lead to the efficient payment of any recoverable loss. UIB s Marine Claims Division provides this service to our clients. UIB prides itself in offering a claims service that can support our clients in all activities globally. Claims are our shop window. We readily acknowledge that one of the main reasons for you, the client, purchasing insurance cover is the knowledge that in the event of a claim, matters will be handled in a prompt, no nonsense and professional manner. Marine

4 Our service It is our goal to offer a complete service to facilitate in the efficient settlement of claims and recoveries to: 1. Support your customer relationships 2. Protect your cash flow 3. Produce management reports, if required Understanding the principles and uniqueness of trade must be appreciated, explored and understood to provide a full service. The UIB claims culture has developed out of our desire to provide a complete service to our clients. Our Service falls into two main categories: 1. Losses recovered under your marine cargo policy 2. Losses suffered, but insured with a third party interest Losses resulting from your insured purchases can create an administrative burden. UIB is staffed to provide a claims service in this regard. So many terms exist that allude to the service the insurance community provides. We do not propose to examine these in detail, more importantly we hope to demonstrate that our expertise carries a value that extends beyond the competitive arena of achieving coverage at the least cost. UIB offers solutions to all aspects of insurance buying. Integration into the team The UIB claims team is a vital part of the service provided. All members of the marine cargo division have undergone and continually undergo training on all aspects of claims including conditions of carriage and exchanges/ amendments in applicable maritime law etc. The connection between claims and the insurance contract underpins the service that UIB provides. It is critical that all aspects of the process of risk transfer are seamless and efficiently handled. UIB maintains the view that the claims service is at the core, so much so that it actively encourages the involvement of our claims team from the very start of negotiations with any prospective new client. Responsibility We believe that the insurance transaction is not complete until all aspects have been finalised. We gladly accept the responsibility of working in partnership with our clients to aid in the speedy, efficient and stress-free conclusion to any claim and. We endeavour to respond to/acknowledge receipt of your claim on the same working day that it was presented whenever possible. Through a process of continuous training with industry experts UIB has built a team of senior claims professionals whose advice is respected not only throughout the London market but also within many International markets. 4 Marine 2018

5 The UIB claims culture has developed out of our desire to provide a complete service to our clients.

6 General Prompt reporting The global insurance markets have developed protocols for the handling of claims and responsibilities of each party. Cargo insurance has clearly defined these and the major markets act in concert. Within this document we provide a commentary on what is required plus guidance notes. All should be aware that each insurance is an individual contract and could contain exceptions or additional requirements if in doubt please contact UIB for further advice. For all claims being advised under a cargo insurance contract, prompt reporting of loss or damage is essential in order to permit the appointment of a surveyor (if deemed necessary) or to take any other action felt necessary to assist in minimising the loss and handling the claim. Unless the policy requires direct notification to your (re) insurers (refer to your policy conditions), then immediate notification of a potential claim should be made to UIB. We, as your agent, will in turn promptly notify your (re) insurers and communicate in writing any instructions or comments your (re)insurers issue. We will continue to communicate with you and diligently pursue claim settlement on your behalf from (re)insurers. For a full list UIB claims and placing contacts, please refer to the back page of this guide and/or the claims guide which is contained within your Evidence of Cover. These notes/guidelines provide important notices to claimants and should be followed as they set out best insurance practice. Duty of assured and liability of carriers, bailees (1) or other third parties It is the duty of the Assured and their Agents, in all cases, to take such measures as may be reasonable for the purpose of averting or minimising a loss and to ensure that all rights against Carriers, Bailees or other third parties are properly preserved and exercised. (Re)Insurers will reimburse you for any expenses that are properly and reasonably incurred in pursuance of these duties resulting from an insured peril. In particular, the Assured or their Agents are required:- 1. To claim immediately on the Carriers, Port Authorities or other Bailees for any missing packages. 2. In no circumstances, except under written protest, to give clean receipts where goods are in doubtful condition. 3. When delivery is made by Container, to ensure that the Container and its seals are examined immediately by their responsible official. If the Container is delivered damaged or with seals broken or missing or with seals other than as stated in the shipping documents, to clause the delivery receipt accordingly and retain all defective or irregular seals for subsequent identification. 4. To apply immediately for survey by Carriers or other Bailees Representatives if any loss or damage be apparent and claim on the Carriers or other Bailees for any actual loss or damage found at such survey. 5. To give notice in writing to the Carriers or other Bailees within 3 days of delivery if the loss or damage was not apparent at the time of taking delivery NOTE: The Consignee s or their Agents are recommended to make themselves familiar with the Regulations of the Port Authorities at the port of discharge. (1) Bailees: A party (e.g. port and/or dock authority, warehouseman, container operator, etc) who enters into a contract of bailment (a contract that incorporates conditions under which the bailee agrees to care for the property of the bailor) with the bailor to look after the goods whilst in the care of the overseas carrier is also a bailee in regard to the contract of carriage. A bailee has an insurable interest in his potential liability under the contact. 6 Marine 2018

7 United Insurance Brokers Ltd Documentation General Cargo Complete documentation must be forwarded to UIB (and/or surveyor if one is required). Documentation will include, if and where applicable: 1. Original Bill(s) of Lading/Airway Bill(s) (B/L) or a copy of both sides of original B/L 2. Packing List 3. Commercial Invoice 4. Original insurance certificate or declaration details as applicable 5. Written claim against the carrier(s)/freight forwarder(s) 6. Confirmation of non-delivery or carrier reply if received 7. Itemised claim statement 8. Delivery receipt 9. Repair/Expense bills 10. Any other documentation particular to loss which may be necessary This list of documentation should be viewed as a basic guide list as the items insured, the cause of the loss or one of many other reasons and (re)insurers may call for additional supporting documentation. Upon receipt of all necessary information, the claim will be reviewed, adjusted by UIB and forwarded to your (re)insurers. As there is the potential for prejudicing recovery/ subrogation(2) rights under the policy, no settlement should be accepted from a carrier responsible for loss or damage without first obtaining approval from (re) insurers via UIB. It is important that exceptions be taken in writing on all receipts. This will not only facilitate the processing of the claim with (re)insurers but is also extremely important for subrogation purposes. (2) Subrogation See Page 16 for further details Marine

8 United Insurance Brokers Ltd Documentation Bulk cargoes (oil/gas/liquid/dry commodities and similar) Bulk cargo claims differ from general non-bulk cargo claims. The supporting documentation for a loss, especially under a Guaranteed Outturn (GOT) cover, will be more extensive than for other cargoes. In the event of an occurrence that could give rise to a claim under the policy, immediate notification should be given to UIB to enable us to consult (re)insurers regarding possible appointment of independent loss adjusters and/ or chemical analysts. It is strongly recommended that UIB be advised of all losses or situations which may give rise to a loss under your policy. This enables UIB to give provisional notice to (re)insurers and to monitor the progress of the claim and its adjustment, particularly with regard to protection of any possible time bar situations. 8 The following documents/procedures will normally be required in support of any claim presented for settlement under the policy: 1. Copy of independent inspector s loading report 2. Copy of independent inspector s discharge report 3. Original Bill of Lading or a copy of both sides of original Bill of Lading 4. Copy of Charter Party 5. Copy of Commercial Purchase and Sales Invoice 6. Copy of Commercial Purchase and Sales Contracts 7. Fully sealed samples of the cargo should be taken at loadport/during loading on board the carrying vessel and at discharge port. These are to be retained indefinitely for possible testing by analytical chemists, in the event of a claim for alleged contamination. 8. Original insurance certificate or declaration details as applicable 9. Written claim against the carrier 10. Itemised claim statement Marine 2018

9 Delay in Start Up insurance (DSU) If your contract provides cover for Delay in Start Up (DSU) or Advanced Loss of Profits (ALOP), we would remind you that in the event of loss of, or damage to, a critical item and/or any item where the time frame for replacement or repair could possibly result in a delay in start-up of the project, it is extremely important that immediate notice is given to UIB to enable us to seek (re)insurers instructions. In such circumstances it is likely that (re)insurers will immediately instruct a surveyor or an adjuster with whom we would request that you/the (re)assured fully liaise and cooperates with a view to minimising and mitigating the loss. General Average The carriage of goods by sea is deemed to be a joint venture between ship-owners and cargo-owners, and the maritime convention places a responsibility on the ship-owner to safeguard the common interest and incur necessary additional or extraordinary costs in so doing. There is no governing international statute and consequently the Comite Maritime International C.M.I. sponsored conditions (York-Antwerp Rules 1974 and subsequent amendments) are incorporated in most marine contracts of carriage (Bills of Lading). Situations may arise whereby the carrying vessel experiences a fortuity [incident] during the course of the voyage resulting in additional and/or extraordinary expenses being incurred by the ship-owners. Typical examples of a fortuity are engine/machinery breakdown, fire, or collision with another vessel and/or fixed or floating object, such incidents resulting in additional expenditure in saving the venture/cargo. In the event of additional or extraordinary costs being incurred in successfully (or partially) saving the venture, ship-owners will look to cargo owners to contribute towards such costs. In such circumstances, ship-owners may declare General Average, and in doing so will automatically exercise a Maritime Lien on the cargo for its pro-rata [proportional] share of the total additional and/ or extraordinary costs. Before any cargo is released ship-owners will require from each Bill of Lading holder a signed General Average Bond plus either a cash deposit or a General Average Guarantee signed by Cargo (re)insurers, based on the percentage of the invoice value of the of the cargo deemed to reflect the proportion due from cargo interests. Marine

10 United Insurance Brokers Ltd General Average documentation Salvage Since the insurance policy covers General Average expenses, your (re)insurers will issue their own General Average Guarantee to ship-owners instead of the cash deposit. For your guidance this procedure is universally accepted. It should be pointed out that whilst (re)insurers will deal with the Guarantee aspect, shipowners will still require the Assured to complete the General Average Bond (the Average Bond is your guarantee to provide full information and to pay the contribution when due). In certain situations the vessel may require the services of a salvage company. To facilitate prompt release of the cargo, it is essential that UIB are immediately notified of the incident, and that the following information is provided: 1. Copy of the completed General Average Bond, together with copies of all correspondence received from the ship-owners and/or their appointed General Average Adjusters 2. Copy of commercial invoice 3. Copy of ocean Bill of Lading 4. Copy of Certificate of Insurance or declaration details as applicable Upon receipt of the above, immediate steps can be taken to issue the General Average Guarantee, which will facilitates release and delivery of the cargo. 10 In such an event Salvors will require salvage security from cargo owners and will retain a maritime lien on the cargo until acceptable security is provided. Since the insurance policy covers salvage expenses, your (re)insurers will issue their own salvage security. Upon receipt of a demand for salvage security, immediate notice should be given to UIB and the following information provided: 1. Copy of the salvage demand, together with copies of all correspondence received from the shipowners and/or Salvors 2. Copy of commercial invoice 3. Copy of ocean Bill of Lading 4. Copy of Certificate of Insurance or declaration details as applicable Upon receipt of the above, immediate steps can be taken to issue the Salvage Security, which will facilitate release and delivery of the cargo. Marine 2018

11 Guideline time frames for presenting claims on carriers Air freight shipments Convention Loss, Damage or Delay Concealed Damage Non-Delivery or Delay Suits for Loss Damage Hague Protocol Damage: 14 days from delivery Delay: 21 days 14 days from delivery 120 days from shipping date 2 years from arrival or scheduled arrival Warsaw 7 days from delivery 7 days from delivery Refer to Airway Bill 2 years from arrival Montreal Damage: 14 days from delivery Delay: 21 days 21 days from delivery Refer to Airway Bill 2 years from arrival Ocean vessel shipment Convention Loss, Damage or Delay Concealed Damage Non-Delivery or Delay Suits for Loss Damage Hague/ Hague Visby 1 year from delivery or scheduled delivery Report in writing within 3 days of delivery 1 year from Scheduled Delivery 1 year from delivery unless extended in writing from the carrier Hamburg Damage: Next working day Delay: 60 days from delivery 15 Days 2 years from Scheduled Delivery 2 years from delivery unless extended in writing from the carrier Rotterdam Rules Damage: Day of delivery Delay: 21 days from delivery 7 working days 2 years from Scheduled Delivery 2 years from delivery unless (when ratified) extended in writing from the carrier Via rail and/or truck These vary in each country and you should determine the limits for presenting written notice in accordance with the laws of the appropriate country. The above should be used as a guideline only. You should always refer to the terms and conditions of each contract with the carrier. Marine

12 Incoterms The Incoterms rules or International Commercial terms are a series of predefined commercial terms published by the International Chamber of Commerce (ICC) widely used in international commercial transactions. A series of three-letter trade terms related to common sales practices, the Incoterms rules are intended primarily to clearly communicate the tasks, costs and risks associated with the transportation and delivery of goods. Incoterm rules are accepted by governments, legal authorities and practitioners worldwide for the interpretation of most commonly used terms in international trade. They are intended to reduce or remove altogether uncertainties arising from different interpretation of the rules in different countries The latest Incoterms (2010) came into force on the 1st January 2011 and have reduced from 13 to 11 which has been achieved by substituting two new rules DAT (Delivered at terminal) and DAP (Delivered at Place) for the Incoterms 2000 rules DAF, DES, DEQ and DDU. The two new rules may be used irrespective of the agreed mode of transport.

13 The 2010 Incoterms rules are presented in two distinct classes: A. Rules for any mode of transport EXW FCA CPT CIP DAT DAP DDP Ex Works Free Carrier Carriage Paid to Carriage & Insurance Paid to Delivered at Terminal (new for 2010 rules) Delivered at Place (new for 2010 rules) Delivered Duty Paid B. Rules for sea and inland waterway transport FAS FOB CFR CIF Free Alongside Ship Free on Board Cost and Freight Cost, Insurance and Freight Some further explanation of the 2010 Incoterms: EXW Ex Works The goods are made available to the buyer at the exporter s premises, suitably packed unless otherwise arranged for a known means of transport. FCA Free Carrier Cost of delivery, cleared for export, into the charge of the carrier named by the buyer at the named place or point. Allied mostly to air and rail transport but could be used for all modes. CPT Carriage Paid To As for CIP, except the cost of insurance is carried by the buyer. DAT Delivered At Terminal Seller delivers when the goods, once unloaded from the arriving means of transport, are placed at the disposal of the buyer at a named terminal at the named port or place of destination. Both parties should agree the terminal and if possible a point within the terminal at which point the risks will transfer from the seller to the buyer of the goods. If it is intended that the seller is to bear all the costs and responsibilities from the terminal to another point DAP or DDP may apply. DAP Delivered At Place The seller delivers the goods when they are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination. Parties are advised to specify as clearly as possible the point within the agreed place of destination, because risks transfer at this point from seller to buyer. If the seller is responsible for clearing the goods, paying duties etc consideration should be given to using the DDP term. DDP Delivered Duty Paid Costs of delivery, including duty, paid up to a named place in the country of importation. Applies to all modes of transport. FAS Free Alongside Ship All cost up to delivery on quay or in lighters (barges) at the named port of shipment. Sea or inland waterway transport only. FOB Free On board All costs up to loading on board vessel at the named port of shipment. Sea or inland waterway transport only. CFR Cost and Freight As for CIF except that the cost of insurance is covered by the buyer. CIF Cost, Freight and Insurance Cost of goods plus insurance and freight, duty unpaid, to a named port of destination. Sea or inland waterway transport only. CIP Carriage and Insurance Paid To Costs of carriage and insurance of the goods, duty unpaid to the named destination. Applies to all modes of transport. Marine

14 Sample Notice of Claim against Carrier To assist you, we have reproduced below a sample wording for claims on carriers this can also be adapted for claims on third parties in general. On company headed notepaper Date: Address of carrier: Dear Sirs VESSEL OR CARRIER S NAME: BILL OF LADING NO. & DATE: VOYAGE: DESCRIPTION OF LOSS: ESTIMATE OF LOSS: REFERENCE NO: We regret to advise that upon arrival of the above shipment certain shortage and/or damages were noted. We are currently establishing the full extent of our loss, details of which will follow at a later date, however in the meantime we hold you fully responsible for this claim and all associated costs which may arise from it. Your written acknowledgement of this letter is awaited. Yours faithfully Signed Company name 14 Marine 2018

15 Sample Letter of Indemnity wording To assist and to raise your familiarity with some of the requirements, please find hereafter sample letters that you might be asked to complete should circumstances dictate. Firstly one for missing documentation and secondly for payment of funds to a third party to the individual contract that has given rise to the claim. On company headed notepaper Date: Interested Underwriters c/o United Insurance Brokers Ltd 69 Mansell Street, London, E1 8AN: Dear Sirs POLICY NUMBER: M/T VESSEL: B/L DATE: DESCRIPTION OF LOSS: AMOUNT CLAIMED: In consideration of the Underwriters settling with us a claim in the sum of resultant upon the loss sustained by the above shipment, in the absence of the original Bill of Lading, we hereby undertake to indemnify Underwriters against all consequences which may arise from payment of the above claim without its production. We further undertake to continue our efforts to obtain this documentation. Yours faithfully Signed Company name Marine

16 Sample Payment Authority wording On company headed notepaper Date: Interested Underwriters c/o United Insurance Brokers Ltd 69 Mansell Street, London, E1 8AN: Dear Sirs POLICY NUMBER: M/T VESSEL: B/L DATE: DESCRIPTION OF LOSS: AMOUNT CLAIMED: We hereby authorise you to pay your respective proportions of all claims arising out of the above captioned incident to United Insurance Brokers Ltd, and we agree that such payment, whether on account or otherwise shall be a complete discharge to Underwriters concerned. Yours faithfully Signed Company name 16 Marine 2018

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19 Subrogation One advantage of insurance is that it relieves you of the time and expense involved in pursuing recovery from the party responsible for loss. Once a valid claim is agreed, underwriters will ask you to sign a subrogation form (an example is below). This will enable underwriters to pursue the claim against those parties that are responsible for the loss with the aim of seeking and obtaining a recovery of funds paid in whole or part. Until that time, it is your duty to take all steps necessary to preserve these rights by: Inspecting cargo upon delivery Noting exceptions Filing notice with the carrier within prescribed time limits (Guideline Time Frames are included on page 9) Subrogation form To the Underwriters of the Goods mentioned below. Vessel Broker: United Insurance Brokers Ltd Voyage No. & Date of Policy: I/We acknowledge receipt of the sum of which I/we accept in full satisfaction of our claim in connection with the undermentioned goods (the Goods). I/We acknowledge that by virtue of such payment you are subrogated to all my/our rights and remedies in and in respect of the goods as provided by the law governing the Contract of Insurance and in the case of total loss you are entitled at your option to take over my/our interest in whatever may remain of the goods it being understood that my/our delivery to you of the documents of title relating to the goods shall not be construed as an exercise of such option. I/We also record that you have authority to use my/our name to the extent necessary effectively to exercise all or any of such rights and remedies; that I/we will furnish you with any assistance you my reasonably require of me/us when exercising such rights and remedies on the understanding that you will indemnify me/us against any liability of costs charges and expenses arising in connection with any proceedings which you may take in my/our name in the exercise of such rights and remedies. Signed Dated at: / / Note: The above form is approved by Lloyd s Underwriters Association and The Institute of London Underwriters for use inconnection with settlement of Marine claims. Marine

20 Dictionary of useful marine cargo insurance terms We have prepared a list of abbreviations that are frequently used in our trade. This list is by no means definitive and should only be used as a guide if at any time you come across any abbreviation or insurance term that you require assistance with please do not hesitate to contact UIB. ABI AGG ALOP AOO AP ATZ B/L BBL BDI BST C&F C&I CFR CIF CIP CIT CL CMR CPA CPL CPT CSL CTL DAF DDP DDU DEQ DES DIC Association of British Insurers (Trade association for the UK s insurance industry) Aggregate Advance Loss of Profit Any One Occurrence Additional Premium Any Time Zone Bill of Lading Barrel Both Days included British Summer Time Cost & Freight Cost & Insurance Cost & Freight Cost, Insurance & Freight Carriage and Insurance Paid to Cash in Transit Clause Convention on the Contract for the International Carriage of Goods by Road (CMD 3455) Claims Payable Abroad Claims Payable London Carriage Paid To Combined Single Limit Constructive Total Loss Delivered At Frontier Delivered Duty Paid Delivered Duty Unpaid Delivered Ex Quay (duty paid) Delivered Ex Ship Difference in Conditions DOL DSU E&O EEL EXW FAC FAC R/I FAS FCA FEU FOB FPA FCA GA GIT GMT H/C IBA ICC IPT ISM ISPS Code IUA L/C or LOC LMBC LST LSW M&DP Date of Loss Delay in Start UP Errors & Omissions Each and Every Loss Ex Works Facultative Facultative Reinsurance Free Alongside Ship Free Carrier Forty (Foot) Equivalent Unit Free on Board Free of Particular Average Financial Conduct Authority (UK s regulatory authority for the financial services industry) General Average Goods in Transit Greenwich Mean Time Held Covered Insurance Broking Account Institute Cargo Clauses Insurance Premium Tax International Safety Management (code) International Ship and Port Facility Security Code International Underwriting Association of London Letter of Credit London Market Insurance Brokers Committee Local Standard Time London Special Wording Minimum & Deposit Premium 20 Marine 2018

21 MAT MRC NBI NCAD NKOR NLOW P&I PA RP S&P SRCC Marine, Aviation & Transport The current contract format in use within the London Market. This standardised slip format is one of the components of the London Market reform process. Non-Binding Indication (Insurance terms that are subject to change or withdrawal by the underwriter at anytime prior to commencement of cover. NBI will be subject to full support of the following market and underwriters satisfaction with the information required) Notice of Cancellation at Anniversary Date Not Known or Reported Not Limited or Warranted Protection & Indemnity Particular Average Return Premium SYN or SYND Syndicate Standard & Poor s (rating agency) Strikes, Riots and Civil Commotions T/L TEU TLO TPL TRIA UIB VAT VEF VRI WEF WNKORL WP WTD WTIES WTY XCS XIS Total Loss Twenty (Foot) / Equivalent Unit Total Loss Only Third Party Liability Terrorism Risk Insurance Act (A US law introduced on 26 November 2002) United Insurance Brokers Value Added Tax Vessel Experience Factor Very Rough Indication With effect from Warranted No Known or Reported Losses Without Prejudice Warranted Warranties Warranty Xchanging Claims Service Xchanging Insure Service Marine

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23 UIB contacts Claims contacts Nina Goodwin Telephone: +44 (0) Mobile: +44 (0) Mark Marder Telephone: +44 (0) For any other information regarding our services, please contact : Andrew Little Telephone: +44 (0) Mobile: +44 (0) andrew.little@uib.co.uk Marine

24 69 Mansell Street, London, E1 8AN T: +44 (0) W: United Insurance Brokers Limited is an accredited Lloyd s insurance broker, authorised and regulated by the Financial Conduct Authority (FCA).