SlideShare a Scribd company logo
P & I Clubs and Claims related
issues
I represent M/s. Henderson
International (India) Pvt. Ltd., for their P
& I Surveys and share my experience
gained with them.
Presented by T.S. Shrinivaasan of MAR-
TECH INSURANCE SURVEYORS & LOSS
ASSESSORS PVT. LTD.,
What is P & I Club ?
• P&I Clubs’ [Protection & Indemnity Insurers])
P&I Clubs are independent, non-profit making
mutual insurance associations, providing
cover for its Ship-Owner and Charterer
members against third party liabilities relating
to the use and operation of commercial
vessels.
• Even Insurers also offer cover for ship owners.
What is so special about P & I Clubs ?
Presented by T.S. Shrinivaasan of MAR-
TECH INSURANCE SURVEYORS & LOSS
ASSESSORS PVT. LTD.,
P & I Club (v) Marine Insurer
• Both P&I clubs and conventional marine insurers
are governed by the provisions of the Marine
Insurance Act 1906
• Marine insurers also provide cover for known
quantifiable risks, mainly Hull & Machinery
insurance for ship Owners, and Cargo Insurance
for cargo owners.
• But P&I Clubs provide insurance cover for
broader indeterminate risks, such as third party
liabilities which Marine Insurers are unwilling to
cover.
Presented by T.S. Shrinivaasan of MAR-
TECH INSURANCE SURVEYORS & LOSS
ASSESSORS PVT. LTD.,
What risks do P & I Clubs cover ?
Third Party Risks like the following:
• Carrier’s liability to a cargo-owner for damage to cargo.
• Ship’s liability after a collision.
• Ship’s liability after an impact/contact.
• Ship’s liability for environmental pollution.
• Ship’s liability for war risks.
• Personal injury to or illness or loss of life of crew
members or passengers
• Personal injury to loss or loss of life of stevedores.
• Loss of Personal Effects of Crew
• List endless
Presented by T.S. Shrinivaasan of MAR-
TECH INSURANCE SURVEYORS & LOSS
ASSESSORS PVT. LTD.,
P & I insurance (v) cargo Insurer
• Cargo Owners or Shippers also covers
consignment for insurance.
• Carrier also has P&I cover.
• When a claim arises, the cargo-owner should
first make a cargo claim against the carrier;
but the latter may avoid liability because
either (i) he did not cause the loss, or (ii) the
Hague-Visby Rules grant exemption from
liability.
Presented by T.S. Shrinivaasan of MAR-
TECH INSURANCE SURVEYORS & LOSS
ASSESSORS PVT. LTD.,
HAGUE-VISBY RULES- BRIEF OUTLINE
• It is a set of International rules for the international
carriage of goods by sea.
• It was first drafted in Brussels in 1924.
• It was amended in 1968 and 1979.
• By virtue of these rules, ship owners are exempted from
following claims: Loss by fire, perils of the sea, Act of
God, & Act of war.
• They also exempt a controversial provision viz:"neglect or
default of the master in the navigation or in the
management of the ship”
• This provision is considered unfair to the shipper; and both
the later Hamburg Rules and Rotterdam Rules refuse
exemption for negligent navigation and management.
Presented by T.S. Shrinivaasan of MAR-
TECH INSURANCE SURVEYORS & LOSS
ASSESSORS PVT. LTD.,
P & I Clubs Claims
• Going back, when the carrier exempts claims
as above, naturally Claimant will resort to
their Insurer for claims.
• Insurer may admit the claim after obtaining
subrogation rights from Insured.
• By subrogation rights, Insurer will go for
recovery against Carrier.
Presented by T.S. Shrinivaasan of MAR-
TECH INSURANCE SURVEYORS & LOSS
ASSESSORS PVT. LTD.,
P & I Club Claims – Collision
• While H & M Insurer admits 3/4th liability, P &
I club bears the balance 1/4th liability.
• Collisions may be classified as follows:
• Where one vessel is solely to blame
• Where both vessels to blame
• Where negligence is not proved against either
vessel (force majeure or inevitable accident)
Presented by T.S. Shrinivaasan of MAR-
TECH INSURANCE SURVEYORS & LOSS
ASSESSORS PVT. LTD.,

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P & i clubs and claims related issues

  • 1. P & I Clubs and Claims related issues I represent M/s. Henderson International (India) Pvt. Ltd., for their P & I Surveys and share my experience gained with them. Presented by T.S. Shrinivaasan of MAR- TECH INSURANCE SURVEYORS & LOSS ASSESSORS PVT. LTD.,
  • 2. What is P & I Club ? • P&I Clubs’ [Protection & Indemnity Insurers]) P&I Clubs are independent, non-profit making mutual insurance associations, providing cover for its Ship-Owner and Charterer members against third party liabilities relating to the use and operation of commercial vessels. • Even Insurers also offer cover for ship owners. What is so special about P & I Clubs ? Presented by T.S. Shrinivaasan of MAR- TECH INSURANCE SURVEYORS & LOSS ASSESSORS PVT. LTD.,
  • 3. P & I Club (v) Marine Insurer • Both P&I clubs and conventional marine insurers are governed by the provisions of the Marine Insurance Act 1906 • Marine insurers also provide cover for known quantifiable risks, mainly Hull & Machinery insurance for ship Owners, and Cargo Insurance for cargo owners. • But P&I Clubs provide insurance cover for broader indeterminate risks, such as third party liabilities which Marine Insurers are unwilling to cover. Presented by T.S. Shrinivaasan of MAR- TECH INSURANCE SURVEYORS & LOSS ASSESSORS PVT. LTD.,
  • 4. What risks do P & I Clubs cover ? Third Party Risks like the following: • Carrier’s liability to a cargo-owner for damage to cargo. • Ship’s liability after a collision. • Ship’s liability after an impact/contact. • Ship’s liability for environmental pollution. • Ship’s liability for war risks. • Personal injury to or illness or loss of life of crew members or passengers • Personal injury to loss or loss of life of stevedores. • Loss of Personal Effects of Crew • List endless Presented by T.S. Shrinivaasan of MAR- TECH INSURANCE SURVEYORS & LOSS ASSESSORS PVT. LTD.,
  • 5. P & I insurance (v) cargo Insurer • Cargo Owners or Shippers also covers consignment for insurance. • Carrier also has P&I cover. • When a claim arises, the cargo-owner should first make a cargo claim against the carrier; but the latter may avoid liability because either (i) he did not cause the loss, or (ii) the Hague-Visby Rules grant exemption from liability. Presented by T.S. Shrinivaasan of MAR- TECH INSURANCE SURVEYORS & LOSS ASSESSORS PVT. LTD.,
  • 6. HAGUE-VISBY RULES- BRIEF OUTLINE • It is a set of International rules for the international carriage of goods by sea. • It was first drafted in Brussels in 1924. • It was amended in 1968 and 1979. • By virtue of these rules, ship owners are exempted from following claims: Loss by fire, perils of the sea, Act of God, & Act of war. • They also exempt a controversial provision viz:"neglect or default of the master in the navigation or in the management of the ship” • This provision is considered unfair to the shipper; and both the later Hamburg Rules and Rotterdam Rules refuse exemption for negligent navigation and management. Presented by T.S. Shrinivaasan of MAR- TECH INSURANCE SURVEYORS & LOSS ASSESSORS PVT. LTD.,
  • 7. P & I Clubs Claims • Going back, when the carrier exempts claims as above, naturally Claimant will resort to their Insurer for claims. • Insurer may admit the claim after obtaining subrogation rights from Insured. • By subrogation rights, Insurer will go for recovery against Carrier. Presented by T.S. Shrinivaasan of MAR- TECH INSURANCE SURVEYORS & LOSS ASSESSORS PVT. LTD.,
  • 8. P & I Club Claims – Collision • While H & M Insurer admits 3/4th liability, P & I club bears the balance 1/4th liability. • Collisions may be classified as follows: • Where one vessel is solely to blame • Where both vessels to blame • Where negligence is not proved against either vessel (force majeure or inevitable accident) Presented by T.S. Shrinivaasan of MAR- TECH INSURANCE SURVEYORS & LOSS ASSESSORS PVT. LTD.,