Marine Insurance Underwriting & Claims Management

Understanding the Legal and practical Aspects
of Marine Insurance Underwriting & Claims Management

20-24 April 2020 Mwanza - Tanzania

Next Workshop
19-22 May 2020 Johannesburg South Africa
21-24 July 2020 Kigali Rwanda

Register Now! Limited Seats Available!

Tshs 800,000 for Local Delegates
$ 1,100.00 International Delegates

Course Overview

There is an urgent need for marine underwriting teams and claims teams to communicate with each other. If not for a full understanding of the various accounts or portfolios, it is important for a better management of claim pay-outs.

The workshop is designed for those dealing with insurance and claims matters in ship owning and management companies. It aims to give an understanding of the legal and practical aspects of marine insurance and claims management.

The important terms used in marine insurance covers and the requirements for placing the risks will be analysed. Participants will be informed of the latest developments concerning the war risks cover and anti-piracy measures and will be able to recognise the key issues of the new cyber security threats and discuss the changes that the GDP regulation will bring about.

Through interactive sessions they will be guided how to respond in emergency situations, prevent or mitigate claims through risk analysis and examine how to carry out effective claims’ management and incident investigation. They will also learn to recognise the importance of evidence collection, claims enforcement and settlement procedures.

Objectives

  • To acquire a better understanding of claims handling and how the marine insurance market operates
  • To be able to respond effectively in emergency cases and prevent or mitigate claims through risk analysis and claims management
  • To be informed about latest developments and best practices for prevention in relation to piracy, cyber threats and compliance with the new GDP regulation
  • The unique legal and practical aspects of marine insurance.
  • Cargo types and insurance issues for each.
  • Marine claims handling, recent law cases and legal aspects of total loss claims.

The course focuses on:

  • Background to marine insurance 
  • Legal and practical aspects of the marine insurance covers including Hull and Machinery, P&I, FDD, war risks and charterers liabilities 
  • GDPR – key changes on processing personal data 
  • Navigation limits 
  • Cyber security risks
  • Marine claims: collision, GA, salvage, wreck removal, marine pollution, cargo claims and oil pollution
  • Places of refuge and maritime refugees
  • Enforcement of claims
  • Charter party disputes including bunker disputes
  • Claims from crew, passengers, shore workers and stowaways

Targeted Audience

  • Insurance Technician / Supervisor / Manager
  • Claims Executives / Advisors / Officers
  • Claims Assistants / Handlers / Negotiators / General Manager
  • Operations Manager
  • Solicitor
  • Underwriter
  • Those who are new to marine insurance who wish to gain an overall knowledge of the various marine insurance classes.
  • Those who may have extensive knowledge in one or two areas of marine insurance and who wish to widen their knowledge to include other marine risk classes.
  • Those involved with reinsurance who need to understand the unique aspects of marine insurance.
  • Those involved in shipping or other maritime industry practices, for whom marine insurance is an important consideration for their business operations.
  • Those involved in the legal or financial aspects of shipping who need to deepen their knowledge of the scope and background of today’s marine insurance.

Course Outline

Marine Insurance

  • The fundamental principles of marine insurance
  • The difference between various types of insurance cover
  • The limits of cover and common exclusions from cover
  • The roles and responsibilities of the main actors involved in marine insurance
  • Distinct functions and interaction of different types of insurance
    • Hull and machinery
    • Protection and indemnity
    • Freight demurrage and defence
    • Cargo
    • War risks
    • Other forms of cover for both general and special purposes
    • Limits to cover and exclusions
  • Roles and responsibilities
    • Brokers
    • Insurers – companies and syndicates
    • P&I clubs
    • Average adjusters
    • Others involved in claims handling

Cargo Risk Assessment

    • How marine cargo insurers group types of cargoes for rating purposes.
    • The main risks associated with each of the cargo groups.

Marine Cargo Insurance

    • The main institute cargo clauses available and the differences in cover provided by each of them.
    • The importance of institute cargo classification clauses.
    • The cover generally provided by delay in start-up and stock throughput insurances.
    • The current market results for marine cargo insurance.

Underwriting

  • Introduction
  • Understanding the Risk
  • Application/Information Gathering Process
  • Operation

Marine claims

  • The basics of the world of the “wet” claim’s practitioner
  • The wet side of marine claims
  • How to assist in the resolution of problems arising from shipping casualties
  • Collision
    • Claims that can arise
    • Forum shopping
    • Jurisdiction of the English courts
    • Obtaining evidence
    • Liability
    • Apportionment of liability
    • Quantum of claims
  • Limitation of liability
    • The different systems prevailing in the world
    • Limitation under the 1976 Limitation Convention
  • General Average
    • An introduction
    • York Antwerp Rules 
  • Salvage
    • Historical overview
    • Rights at common law
    • Salvage Convention 1989
    • Lloyd’s Open Form 2011
    • The SCOPIC clause
  • Pollution
    • The CLC Convention
    • The Fund Convention
    • The Supplementary Fund
    • The HNS Convention
    • The Bunker Convention

Marine Claims: The dry side

  • The important contract terms of a contract of carriage, who can sue the carrier and the limitations to cargo claims
  • The key descriptions of the vessel, laytime and demurrage claims and how to calculate freight
  • How to calculate the exact charter period
  • How to identify unsafe port
  • How to withdraw a vessel and assess performance claims
  • The key clauses in bunker supply contracts
  • How to plan for Marpol Annexe VI
  • Bunker quality and quantity disputes
  • Cargo claims, disputes, defences and Rotterdam Rules
    • Where to find carriers’ obligations
    • Who is the carrier.
    • Who can sue the carrier.
    • Carriage obligations
      • Due diligence and unseaworthiness
      • Duty of care
    • Delivery of cargo without production of a Bill
      of Lading
    • Defences, time limits and limitations
    • Dangerous cargoes
  • Charter party disputes including
    • Freight
    • Demurrage
    • Hire
    • Performance
    • Shipbrokers’ responsibilities
    • Commission
  • Bunker disputes
    • Who can sue who.
    • Retention of title
    • Quantity
    • Quality
    • MARPOL Annex VI
  • Crew claims
    • Personal injury
    • Medical expenses
    • Stowaways
  • Fines and penalties
    • Customs infringements
    • Breaches of ISM, SOLAS, MARPOL, ISPS and other laws and
      regulations
    • Risk of forfeiture or confiscation of ship or cargo

Surveyors and experts in marine claims
Part 1

  • Why surveyors and experts are required
  • What assistance they can provide
  • How a surveyor undertakes a survey
  • The actions of various surveyors in dealing with a cargo contamination

Part 2

  • What is required for the processing of marine claims
  • What it is necessary to discover about an incident
  • How that knowledge affects the understanding of a casualty
  • How the knowledge and understanding are used to analyse the circumstances surrounding the casualty
  • How to provide competent professional advice and assistance contributing to the resolution of a marine claim
  • Assessing evidence
  • Whether it is appropriate to undertake further factual research
  • When and why to seek further expert advice
  • How to prepare reports of fact and express opinions and appreciate the difference
  • The legal issue of formal disclosure
  • An expert’s duty to the court or arbitration tribunal

Management of claims and disputes

  • Early stages of a potential claim
    • Appointment of surveyors
    • Appointment of local representatives and advisors
    • Arrest, provision of security and obtaining payment
    • Protection, salvage and disposal of ships, cargoes and other assets
    • The role of insurers
    • Managing the media
  • Later stages of a claim
    • Preparation
    • Presentation
    • Insurance
    • Subrogation
    • Response and defence
    • Counterclaim
    • Chains of liability
    • Negotiation
    • Consolidation
    • Litigation
    • Arbitration
    • Mediation
    • Costs
    • Settlement

Cyber Risk in the Maritime world

    • The types of cyber risk to which the maritime world is exposed.
    • The weak links in the chain of security.
    • Using insurance as a risk management tool against cyber-crime and what is available for maritime operators.

Whilst BMK Training has core courses which we offer on an international basis to both companies and individuals, we also recognise that from time to time, your company may have specific training requirements that cannot be satisfied in a public training environment.

We can bring our Training/workshops directly to your workplace or we will customize training to meet your specific needs ensuring effectiveness in achieving real performance improvement.
If you have 8 or more delegates then, in house training can be of a greater advantage for your organization.

Advantages of in-house training include:

  • Cost savings up to 50% of the training expenses with more effective group training.
  • Training is confidential, allowing teams to discuss and work on real issues as trainers will usually sign confidentiality agreements.
  • In-house training encourages team building and better understanding of one another
  • Training is fully-customized for any team, department, or organization

For Registration and other Training arrangements
contact us on the detail below
SA Tel: +27 11 057 6001    /   TZ Cell: +255 688 032 910
WhatsApp +27 79 574 0389 /  Fax: +27 862 637 253