ITIC: Professional Indemnity Cover Needed

press release
Monday, March 12, 2012

ITIC says professional indemnity cover essential in litigious shipping industry.

 

International Transport Intermediaries Club (ITIC) has warned that, in today’s increasingly litigious business environment, there is a growing need for shipping professionals to have third-party indemnity insurance cover. This can be the case even in those sectors where insurance has not previously been deemed necessary, and in cases where, despite a favourable outcome to legal proceedings, substantial costs may be unrecoverable.

 

Writing in its newsletter, The Wire, the latest issue of which is dedicated to the hydrographic sector, ITIC cites by way of example a US court ruling which held that the then-US Hydrographic Office (USHO) was not negligent in causing a passenger ship to ground between Nantucket and Martha’s Vineyard after the ship’s owner claimed that a reef had been charted negligently.

 

Firstly, the court held that the error on the chart was not a result of any negligence by the USHO because the organisation conducted the survey in 1939 using state-of-the-art techniques. It also found that there was no pressing need for the USHO’s successor, the National Oceanic and Atmospheric Association (NOAA), to perform a new survey. Finally, the court ruled that the ship did not actually rely on the defective chart when fixing its course. Therefore, even if the chart had been defective, it did not cause the loss. The US Court of Appeal confirmed the second point, but the first was not mentioned in the judgment.

 

ITIC points out, “Although there was no liability on the USHO, the defence costs amounted to a small fortune and, in the US court system, the winning party does not receive a cost award. In this instance, the party was a large national hydrographic office, but the same could apply to anyone providing data or professional advice. The cost of being proven innocent can be high.”

 

ITIC also cites a case in which a hydrographic surveyor had been contracted to produce a chart for a telecommunications company to allow the positioning of underwater fibre-optic cables. A significant time after the charts had been created, a ship towing an anchor made contact with one of the cables and with an underwater electricity cable, which caused damage estimated at $175,000. A claim was made against all parties to the project, including the hydrographic surveyor. However, the surveyor was successfully defended on the basis that the charts were created specifically for its client a year prior to the incident. However, the cost of the defence came to $32,000.

 

ITIC says, “The cost of legal assistance is always high and time-consuming. The ability of the correct insurer to manage the litigation is vitally important to ensuring that costs are kept to a minimum and to allow people to continue with their business and not have their efforts diverted into the often complicated ensuing legal issues.

 

“Many companies see insurance as an unproductive cost. This is especially true of small companies, where it is one of the top three expenses. We often hear that ‘insurance takes the profit out of a project’. This is the wrong way to view insurance. A good insurer can add enormous value.”
 

Maritime Reporter January 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

People & Company News

Kongsberg Expands Louisiana Office, Training Facility

Kongsberg Maritime has purchased approximately 5.2 acres for new construction on an 82,980 sq ft office and training facility. Construction on the James Business

HII Acquires Engineering Solutions Division

Huntington Ingalls Industries (HII) has acquired the Engineering Solutions Division of The Columbia Group, a designer and builder of unmanned underwater vehicles

Sjo Resigns from Polarcus Board of Directors

Polarcus Limited announced that Hege Sjo will resign from its board of directors effective February 2, 2015.   Sjo has accepted an appointment as Deputy Director

Legal

Marquette Transportation Reportedly for Sale

Marquette Transportation Company LLC, a U.S. towboat operator, is exploring a sale that could value it at more than $1 billion and has attracted the interest of

BP Quits Indonesian Blocks on Risk Concerns

UK-listed energy giant BP has decided to relinquish two exploration blocks to Indonesia, after a survey of the blocks found them to be high risk, the company said on Friday.

Yemen Lifts Force Majeure on LNG Deliveries

Yemen on Friday lifted force majeure on liquefied natural gas (LNG) deliveries from its Balhaf plant, trading sources with knowledge of the matter said. Reuters reported last week that the 6.

Insurance

A HERO on the Seas

The expansion of the Panama Canal has opened up an opportunity for WWL to develop its next generation RoRo carriers. Due to its importance to international trade,

ZIM Launches Monitoring and Tracking Service

ZIM integrated shipping services has announced the launching of a new monitoring, tracking and security services package, specifically designed for valuable and

Oil Tankers are Front Line of Libya's Struggles

Crew members killed in tanker attack this month; West fears worsening violence could lead to civil war. Oil shippers face higher costs and the possible loss of insurance cover on Libyan voyages,

P&I Clubs

Shell Eyes Arctic Drilling this Summer

Oil major Shell wants to revive its Arctic oil drilling programme this year after a near two-year suspension, angering environmentalists who say the risk of an oil spill is too high.

ZIM Launches Monitoring and Tracking Service

ZIM integrated shipping services has announced the launching of a new monitoring, tracking and security services package, specifically designed for valuable and

Oil Tankers are Front Line of Libya's Struggles

Crew members killed in tanker attack this month; West fears worsening violence could lead to civil war. Oil shippers face higher costs and the possible loss of insurance cover on Libyan voyages,

 
 
Maritime Contracts Maritime Security Maritime Standards Navigation Offshore Oil Pod Propulsion Port Authority Ship Repair Ship Simulators Shipbuilding / Vessel Construction
rss | archive | history | articles | privacy | terms and conditions | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.2756 sec (4 req/sec)