The Claims Review - Issue 24, September 2011

Welcome to the Autumn edition of the ITIC Claims Review, which is published to coincide with the September 2011 meeting of ITIC’s Board of Directors in Genoa, Italy. ITIC periodically publishes a selection of cases recently handled by the Club - twice yearly in the Claims Review and also in The Wire, a publication which is targeted to particular categories of members. This edition provides a general selection of claims ITIC has resolved over the last year. We hope that these case histories will be of interest to Members and also help them to identify potential problems.

Claims Review 24

Claims Review 24 in Italian

27/09/2011

A health and safety fine

When an accident occurred on a vessel, the local authorities brought proceedings against the ship manager (who also acted as the crew manager). The accident happened onboard when a wire on one of the vessel’s cranes snapped...

27/09/2011

E-mail error

A commercial manager of a fleet of tankers was very aware of the perils of failing to make sure that demurrage claims were presented in time. They had a detailed diary and spreadsheet system in their office recording the relevant...

27/09/2011

Check before answering

A broker was acting for the owner of a vessel trading in the Mediterranean. When considering an offer from charterers, which included the term “time from 1700 Thursday or a day preceding a holiday until 0800 hours next working...

27/09/2011

A double booking

A chartering broker arranged a Contract of Affreightment (COA) between a Japanese owner and an American charterer (the first charterer). Under the terms of COA the owner had to offer one ship per month to the first charterer, who...

27/09/2011

Bad vibrations

A ship manager member of ITIC took on the management of a vessel; one of his duties under the BIMCO Shipman 98 management agreement was to provide crew for and on behalf of the owners. In 2004, whilst the vessel was heading...

27/09/2011

Newbuilding supervision dispute

A technical management firm appointed a newbuilding supervisor to oversee the building of several chemical carriers. A dispute arose concerning two hulls which were scheduled for delivery in early 2009. In his monthly report for...

27/09/2011

Collateral Damage

A US bank instructed a marine surveying company to provide a valuation of a client’s vessel to assess its suitability to be used as collateral for a loan. The bank was to be provided with a preferred ship mortgage by their...

27/09/2011

A question of freight – who pays?

Due to various amendments required by the shipper, liner agents at a load port in South America found themselves reissuing an original bill of lading for a consignment of bananas destined for the United Kingdom no less than six...

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