Demystifying general average and collision liability claims. Heather Robinson & Andrew Slade Fellows of the Association of Average Adjusters

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Demystifying general average and collision liability claims Heather Robinson & Andrew Slade Fellows of the Association of Average Adjusters

Workshop agenda General average, and summary of facts Adjustment of general average Adjustment of collision liabilities & recoveries

General average

General average: basic concept That which has been sacrificed for the benefit of all shall be made good by the contribution of all. Whether or not there is a GA is a question of fact. Pre-dates, and exists independently of insurance.

General average: Rule A criteria 1. Extraordinary sacrifice or expenditure 2. Reasonably made or incurred 3. Intentional / voluntary 4. Common safety 5. Peril 6. Common maritime adventure

Capricorn : voyage with bulk coal, India to China Collision in Malaysian waters, after passing Singapore Damage to hull of Capricorn Is there a general average? What is the basis of adjustment?

Capricorn towed into Singapore Oil boom required by port as a condition of entry Temporary repairs necessary for the common safety were carried out Completes voyage to China, then proceeds for repairs.

Selected Rules Rule Paramount Lettered Rules (general provisions) Rule A: definition of general average Rule C: direct consequences and exclusions Numbered Rules (specific examples & exclusions) Rule 6: salvage remuneration Rule 10: expenses at port of refuge, etc. Rule 11: expenses bearing up for & in a port of refuge etc. Rule 14: temporary repairs

Adjustment Task: prepare an adjustment of general average and particular average

Adjustment Task: Apportion the general average, apply the claim to the H&M policy, and show the balance in general average

Collision liabilities & recoveries

Contents Introduction (security, jurisdiction, limitation) Cl.8 ITC-Hulls 1/10/83 Single liability settlements Cross liability / recovery Example collision liability / recovery adjustment Treatment of costs Richards Hogg Lindley

Introduction Security Jurisdiction Limitation Richards Hogg Lindley

Agreed claims & single liability Settlement at law. Owner with greater liability makes a single payment to the other side. Taurus pays Agreed claim of Capricorn 1,694,464.03 at Taurus's ppn of blame 30% 508,339.21 Capricorn pays Agreed claim of Taurus 440,000.00 at Capricorn's ppn of blame 70% 308,000.00 Taurus pays on balance single liability settlement of 200,339.21 Richards Hogg Lindley

Clause 8 ITCH 1/10/83 Covers 3/4ths of: Loss or damage Delay GA and Salvage of any other vessel or property thereon Legal costs in contesting liability, or taking proceedings to limit liability (up to the full insured value). Excludes: Removal of wrecks, obstructions etc Real / personal property except other vessels or property thereon. Cargo on / engagements of insured vessel. Loss of life, injury, illness. Pollution, contamination (except other vessels with which the insured vessel is in collision). Richards Hogg Lindley

Cross liabilities Where neither side has limited their liability at law, then the policy provides that the claim is adjusted on a cross liabilities basis. For the purposes of the policy claim therefore the reality of the cash settlement between shipowners is ignored. Assumes that two separate notional payments are made by the owners of each vessel. Richards Hogg Lindley

Adjustment Task: prepare a schedule of the Capricorn recovery against Taurus

Adjustment Task: prepare an adjustment of recovery and collision liabilities

Treatment of costs Divided between: 1) General 2) Defence 3) Recovery General costs: AAA Rule of Practice A8 on treatment Defence costs: form a claim on underwriters under clause 8 Recovery costs: attach to different categories of recovery made from the other side. Richards Hogg Lindley

Demystifying general average and collision liability claims Heather Robinson & Andrew Slade Fellows of the Association of Average Adjusters