Hull & Machinery Risks

 

In the 2010 policy year, the H&M insurance achieved the following results:

(1)  The number of Members and entered ships kept increasing.

In the 2010 policy year, the number of Members of the Association kept increasing with many new Members joining the Association, such as Nanjing Ocean Shipping Co. Ltd., Tianjin Centrans Marine Shipping Management Co. Ltd. and Amoisailing Maritime Co. Ltd. The Association also received the full support of existing Members, such as Hebei Ocean Shipping Co. Ltd., Cosco (H.K.) Shipping Co. Ltd., Chinese-Polish Joint Stock Shipping Co. and China Shipping Development Co. Ltd. Shipping Co. having all their new buildings entered with the Association. In the beginning of the 2010 policy year, the Association took part in the whole co-insurance program of Qingdao Ocean Shipping Co. Ltd. All of these activities vigorously expanded the number of vessels entered with the Association.

(2)  The insured value of entered ships achieved growth again.

Stricken by the gloomy shipping market in 2008/2009, ship prices declined dramatically, which resulted in the significant decrease of the insured values in the 2009 policy year. When the market stabilized, the ship price also bounced back. With the remarkable increase of the number of ships entered with the Association, the insured value accomplished significant increase in the 2010 policy year.     

(3)  The Association suffered great loss with the newly occurred total loss claim.

 

 

1.  Underwriting

As of 31st December 2010, 250 ships from 29 members, with a total insured value of $3.860 billion were insured by the Association for Hull & Machinery Risks (including IV Risks). Compared with the 26 members, 202 ships with the aggregated insured value of $3.144 billion in 2009, the 2010 policy year experienced an increase of 11.54%, 23.76% and 22.77% respectively, in terms of membership, the number of entered ships and the insured value. Please refer to the table below.

 

 

2006

2007

2008

2009

2010

±%

Member

24

21

22

26

29

11.54%

Number of Entered ships

128

125

121

202

250

23.76%

Insured Value (in $100,000,000)

16.21

23.69

31.84

31.44

38.60

22.77%

Number of Claims

68

80

79

68

84

23.53%

Notes: The insured value was calculated based on H&M insurance and IV Risks, War Risks were not included.

Up to 31st December 2010, the collection rate of premiums reached 99.89%, left only 0.11% of the premiums outstanding.

 

2.  Reinsurance

The Association had a poor loss record in the reinsurance program. The international reinsurer suffered great loss. Although the loss record of the Association has improved in recent years, the reinsurer still did not make a profit. In the 2010 policy year, the reinsurance expenses amounted to 55.32% of the premium income. Comparing to the ratio of 59.3% in the 2009 policy year, the reinsurance cost ratio declined slightly, but it is still on the high side.

3.  Claim Handling

 

 

2007

2008

2009

2010

±% in Number.

±%

Number of claims

80

79

68

84

16

23.53%

Total Claim amount

($ 1 million)

7.23

8.33

3.55

31.18

27.63

778.31%

Estimated Liability ($ 1 million)

13.01

6.74

3.52

33.34

29.82

847.16%

Claims settled

27

24

72

100

28

38.89%

Note: Estimated Liability = Liability pending + Paid-up at 31st Dec. each year

 

As of 31st December 2010, the Association has received 84 claims under Hull & Machinery risks, increasing by 23.53% compared to that of the previous policy year, which indicates a net increase of 16 cases. Due to the total loss of M.V. Nasco Diamond, the total estimated liability for the claims in this policy year raised to $ 33.34 million, representing a significant increase of 847.16%, almost 10 times morn than the $3.52 million in the 2009 policy year.

 

In the 2010 policy year, there were 2 major claims with estimated liabilities exceeding $ 400,000.

 

 

.

Vessel

The Date

The Place

Category

 Claim Amount

1

Yong An Cheng

10.02.10

Trinidad and Tobago

Grounding

$850,000

2

Nasco Diamond

10.11.09

Taiwan

Total Loss

$28.5 million

4.  Operational Results

The claims record deteriorated greatly in the 2010 policy year. The total loss of a vessel occurred for the first time. Although the underpinning reinsurance arrangement may compensate part of the loss, the Association would still suffer great losses. The Association is expected to have a $5.4 million deficit in the 2010 policy year. This is the first time the Association experienced a deficit since the 2004 policy year.

 

5. Financial Position

According to the Audit Report of 2010, as of 31st December 2010, the free reserves was $ 34.97 million, which represented a decrease of $ 0.88 million compared to the $35.85 million the previous policy year, representing a decrease rate of 2.5%. The Association’s capacity of underwriting and risk resistance remained stable.

图:参去年和中文年报4页修改为英文图标

Loss Prevention

1.  Ship Inspection

The Association had arranged 150 condition surveys in the 2010 policy year, which represents a slight increase from the 148 condition surveys preformed in the previous policy year. Entry condition surveys were carried out on 49 ships, and 86 ships were subject to follow-up surveys. Random inspections for loss prevention were carried out on 15 entered ships. However, some planned random inspections on entered ships were not completed for various reasons. In the 2010 policy year, several vessels were denied entry into the Association due to failure to meet the minimum entry requirements.

In the 2010 policy year, the ship inspections performed by the Association showed that the overall condition of newly entered ships has greatly improved. Among the newly entered ships, 42% of them passed the entry survey at first attempt, and 16% of them were accepted after one follow-up survey.

The ship inspections performed in the 2010 policy year revealed some common problems, which can be summarized as follows:

(1)   Some vessels were still found with problems of watertightness in hatchcovers and cargo worthiness of cargo holds after several inspections. As cargo claims constituted the majority of claims, all the P&I Clubs have enhanced their requirements for cargo worthiness of vessels. Therefore, many vessels were subjected to follow-up surveys repeatedly, because of problems in cargo worthiness.

(2)   With all the efforts from the Association, especially after the Club Circular on Condition Surveys was issued on 13th Oct. 2010, Members’ awareness for the importance of condition surveys had been greatly enhanced. However, problems still exist. For example, some Members did not attach sufficient importance to the deficiencies found in ship inspections, they would not rectify the deficiencies promptly, and found various excuses to delay the rectification, so the follow-up survey arranged by the Managers according to the Club Circular could not be completed within the given time scale.

(3)   The overall competencies of the crew members had left much to be desired. The areas in need of improvement included lack of communication skills in English, incapability in reading the operation manual or instructions, incapability in identifying the major labels or signs onboard, lack of safety awareness, incapability in carrying out various works in consistence with safety requirements.

The Association would like to draw Members attention to the following aspects:

(1) To protect the interests of Members, all Members must take great care to the ship inspections arranged by the Association, promptly rectify the deficiencies found by the surveyor, and make sure the follow-up survey can be arranged within the time scale specified by the Association, so that unnecessary dispute can be avoided in claim handling when accidents occur in the future.  

(2) To ensure a ship completes and passes a condition survey in one attempt,  the Association suggested Members to notify the Managers when the ship (especially an old ship) is in dry docking, so that the Managers can arrange relevant surveys to save time and cost.

In order to ensure that the condition surveys can be carried out successfully, all Members are herewith kindly reminded to ensure effective inner communication between the commercial department and maintenance department, and arrange suitable times according to the vessel’s schedule and notifying the surveyor and the Association in a timely manner. As the survey starts, both the personnel onboard and management team ashore ought to provide their full assistance and cooperation to the surveyor. While giving priority to important items during the condition survey, the on-board personnel are required to support the surveyor to complete as many items as possible.

If any restriction clauses have been attached to the ship’s cover due to defects or deficiencies found in a condition survey, Members are required to undertake the repair within the time scale required to rectify the deficiencies and report back to the Association, so as to avoid any disputes in respect of the cover.

 

2. Seminars

On 1st Nov. 2010, the Association successfully held a seminar on claim handling in Sanya, Hainan Province, with 86 participants from Maritime Court, Marine Safety Administrations, law firms and Members. The number of representatives was the largest of all time. The Association invited experts from the Yantai MSA Oil Spill Emergency Response Center, the law firms Haitong & Partners and Holman Fenwick &Willan HK, Hebei Ocean Shipping Co. Ltd., and the Managers, to give lectures on various topics. These topics include the Chinese legal regime on compensation of oil pollution damage from vessels; the new developments in the oil pollution compensation and oil pollution liability insurance legislation; Charterparty and new building contract—the latest development in English law and practice in maritime dispute resolution; the loss prevention in carriage of dry bulk cargo; points for attention in carriage of mineral fines; introduction on the revision of CPI Rules 2010; aspects Members should pay attention to when handling a claim; and ship inspection—an arduous task.

The topics of this year’s seminar were designed to focus on points of interests in the daily operation of member companies. The seminar was highly valued by the Members, as it provided a great opportunity for the participants to exchange their opinions and improve their awareness of loss prevention.

 

3. Advisory Service

In the 2010 policy year, the Managers compiled 12 issues of Advisory Service, mainly focused on shipping laws and loss prevention, with a total number of 47 articles.

In the shipping law section, the following articles were included.

The article “The Latest Developments in the Oil Pollution Compensation Regime and Oil Pollution Liability Insurance Legislation” introduced the  section related to P&I insurance in the “Regulation on the Prevention and Control of Vessel-induced Pollution to the Marine Environment” ,which came into effect on 1st March 2010, and its corresponding regulations and laws. This article also provided information on the principles established by the Supreme Court of China in its judgment of Tasman Sea, briefly introduced the draft “Provisions of the Supreme People’s Court on Some Issues Concerning the Trial of Cases of compensation for oil pollution from ships”, and provided a comprehensive description of the main legal issues in the ship-source oil pollution compensation regime of China. The article “Charterparty and New Building Contract” provided a detailed analysis of the common disputes in such contracts and the latest precedents in English law. The article “Strategy and Technique in International Maritime Arbitration” provided some strategy in London arbitration, and introduced some techniques of property preservation in maritime dispute.

 

The loss prevention sections included the following articles. “Study on Loss Prevention in Carriage of Dry Bulk Cargo” introduced some points for attention and loss prevention measures in different stages of dry bulk cargo transportation by analyzing the dry bulk cargo claims one Member had dealt with in recent years and some typical cases in dry bulk cargo trade, so that Members can implement loss prevention measures and prepare for defenses when claims occur. The article “Points for Attention in Carriage of Mineral
Fines
” listed a series of casualties occurred in carriage of mineral fines, analyzed the characteristics of mineral fines and aspects needing special attention in carriage of mineral fines. This article also provided a simple method to check the moisture content of mineral fines.

These articles are of great value to Members in enhancing safety management and avoiding accidents.

 

In addition, 37 Loss Prevention Circulars were issued to introduce new developments in maritime law, shipping, insurance and loss prevention etc.

 

Investment

In compliance with the resolutions of the Board, the Managers engaged in reasonable investment activities under the principles of safety and efficiency. The Association achieved an investment return of 16.63% in 2010, which was much higher than the market interest rate as well as the average investment return of 5.10% achieved by other insurers in China.

In accordance with the decision of the Board, the Association distributed an investment subsidy of 11% and 9% to Members of P&I risks and Mutual Hull respectively in the 2010 policy year so that Members could share the benefit brought about by the investment activities. 

Although investment activity is not the core business of the Association, its income not only reduced the insurance costs of Members but also enhanced the capacity of risk resistance and cohesion of the Association.