CLAIMS HANDLING
1.
New registered claims
|
|
|
2008 |
2009 |
2010 |
Increase Rate
|
|
Newly Registered Claims
|
Claims |
All Policy Years |
1,834 |
1,531 |
1,873 |
22.34% |
|
Current Policy Year |
1,590 |
1,230 |
1,508 |
22.60% |
||
|
Claim Amount (in $,000) |
All Policy Years |
53,370 |
38,150 |
75,950 |
99.08% |
|
Current Policy Year
|
42,880 |
28,100 |
70,850 |
152.14% |
||
LOU issued
|
32 |
42 |
61 |
45.24% |
||
|
LOU Amount (in $,000) |
43,140 |
23,090 |
29,330 |
27.02% |
||
In the 2010 policy year, the reported claims for all
policy years totaled 1,873 (including newly registered claims for the 2010
policy year) with an aggregate claim amount
of $ 75.95 million. This represents an increase of 22.34% in the number of
claims and 99.08% in the claim amount, compared to the 1,531 claims and $ 38.15
million in the previous policy year.
B. Policy year 2010
There were 1,508 reported claims in the 2010 policy year
with an aggregate claim amount of $70.85 million. This represents an increase
of 22.6% in the number of claims and 152.14% in claim amount, compared to the
previous policy year¡¯s 1,230 claims and $ 28.10 million claim amount.
C. Category of newly registered claims
In the 2010 policy year, the Club¡¯s direction, cargo
liability, and crew illness remained the most frequent claim types occurring.
Compared with that of the previous policy year, the Club¡¯s direction surpassed
the cargo liability, and ranked the first place. The change is the result of
large number of preloading surveys performed in this policy year, which
increased by nearly 50% compared to that of the previous policy year. Crew
claims stayed in third place.
Collision liability, cargo liability and crew claims
became the incident types giving rise to the largest claims by value. Comparing
to the 2009 policy year, collision liability surpassed cargo liability, and
ranked the first place, which is the result of huge claims in collision cases,
and crew claims remained in the third place.
|
Risk Type |
Number of Claim 2009 |
Number of Claim 2010 |
|
|
1 |
Club¡¯s direction
|
424 |
620 |
|
2 |
Cargo |
475 |
432 |
|
3 |
Crew |
204 |
292 |
|
4 |
Loss of or
damage to property
|
39 |
43 |
|
5 |
Collision
|
19 |
36 |
|
6 |
Personal Injury |
17 |
21 |
|
7 |
Stowaways |
12 |
19 |
|
8 |
Pollution |
18 |
18 |
|
9 |
Fines
|
11 |
12 |
|
10 |
Wreck removal
|
6 |
6 |
|
11 |
Others
|
5 |
9 |
|
|
Total |
1,230 |
1,508 |
(in $,000)
|
Risk Type |
Claim Amount 2009 |
Claim Amount 2010 |
|
|
1 |
Collision
|
3,810 |
33,680 |
|
2 |
Cargo |
21,090 |
15,640 |
|
3 |
Crew
|
1,270 |
9,850 |
|
4 |
Wreck
removal
|
150 |
6,430 |
|
5 |
Loss of or damage to property
|
770 |
2,510 |
|
6 |
Pollution |
440 |
1,730 |
|
7 |
Stowaways
|
70 |
540 |
|
8 |
Sue and Labor
|
60 |
150 |
|
9 |
Personal Injury or death(other than crew) |
380 |
140 |
|
10 |
Club¡¯s direction |
10 |
50 |
|
11 |
Others |
50 |
130 |
|
|
Total |
28,100 |
70,850 |
D. Arrest
of ship and guarantee
In the 2010 policy year the Association arranged for securities in various forms for 61 entered ships for a total amount of $ 29.33 million. Compared to those provided last year, the number of guarantees increased by 45.24%, and the amount of the guarantees increased by 27.02%. Except for 7 cases where CPI¡¯s Letter of Undertaking amounted to 89% of the guarantees provided. This indicated that the Association¡¯s credit on an international level remained stable.
2.
CLAIMS Settlement
Arrest / Guarantee Cases
in $ ,000
|
Policy year |
2006 |
2007 |
2008 |
2009 |
2010 |
¡À% |
|
Number |
49 |
53 |
32 |
42 |
61 |
45.24% |
|
Amount |
20,570 |
29,470 |
43,140 |
23,900 |
29,330 |
27.02% |
|
Club LOU |
82% |
83% |
91% |
90% |
89% |
-1.1% |
In the 2010 policy year,
1,767 claims occurred in various policy years were settled and closed. The total
claim amount was $ 72.45 million whereas total net payment by the Association
was $ 16.23 million. Compared to the 1,758 claims settled in the previous
policy year, this represented an increase of 0.51% in the number of closed
cases.
in $ ,000
|
Policy Year |
2009 |
2010 |
¡À% |
|
Number of claim |
1,758 |
1,767 |
0.51% |
|
Amount of claim |
110,210 |
72,450 |
-34.26% |
|
Amount of payment |
17,540 |
16,230 |
-7.47% |
Report on settlement of major claims
2005 policy year
<1>
The M.V. Chipobrok Sun of Chinese-Polish Joint Stock
Shipping Co. encountered heavy weather in the Bay of Biscay on 30th
Dec. 2005, while en route to Taiwan from Hamburg, Germany. The windmill blades
carried on deck clasped and sustained damage. The vessel headed to
2006 policy year
<2> The M.V. ¡°You Shun¡± of
<3>The M.V. ¡°Chipolbrok
Moon¡± of Chinese-Polish Joint Stock Shipping Co. was loading at Antwerp on 16
August 2006, when a heavy cargo fell off the ship¡¯s crane operated by
stevedore. The heavy cargo smashed onto the barge beside the vessel. The barge
sank with one of the barge owners dying immediately upon impact. The
Association provided 3 Letters of Undertaking in the aggregate amount of € 4.15 million in this case. The barge and the cargo
were later salvaged. The parties involved lodged 20 lawsuits in the local
court. The Association is currently handling the case. Under the Association¡¯s
suggestion, the lawyer appointed by the Association gathered all the parties
involved to negotiate a settlement agreement which distributed the liabilities
according to proportion of fault. The agreement was reached with the shipowner paying €
110,000. The shipowner¡¯s share of compensation was
paid by the port operator. Therefore, the case was closed free of cost to the shipowner.
2008 policy year
<4>The M.V. ¡°Hebei
Century¡± of Hebei Ocean Shipping Co. Ltd. arrived Pohang, South Korea to discharge iron ore on 21st
Nov. 2008. The cargo was found wet damaged by sea water. Due to the sudden drop
in iron ore price, the consignee refused to take delivery of the cargo. Later,
it turned out that the wet damage only affected cargo in hold No.2 and No.3.
The consignee had to resume the discharge. The quantity of affected cargo was
7,000 mts in total. The Association provided Letter
of Undertaking in the amount of $500,000 to release the vessel. Later, the
consignee put forward a claim for $ 500,000. The Association consulted with the
surveyor and the major cargo owner in
2009 policy year
<5> The M.V. ¡°Xiang Kun¡±
of
<1>Issues on carriage of dry
bulk mineral fines which may liquefy
In recent years, several entered ships carrying mineral
concentrates suspected with high moisture content, free-surface effect
developed in hatches due to constant shifting at sea, resulting in serious
marine casualties, such as capsizing of the vessel. These accidents brought
huge financial loss as well as adverse social effects to the Members. The
Association would like to bring the Members attention to the issue by briefly
reviewing some typical cases.
a.
The M.V. ¡°Chang Le Men¡± carried
iron ore fines from New Mangola
b.
The M.V. ¡°Wen
Qiao¡± capsized off the
c.
The M.V. ¡°Heng
Tai¡± capsized on high seas on 2nd October 2007 while carrying iron
ore from
d.
The M.V. ¡°NASCO DIAMOND¡± carried nickel ore from
The safe
carriage of cargo that may liquefy has become the focus of the marine insurance
industry in recent years. During the few weeks around November 2010, several
vessels sank after loading nickel ore from
The Association would like to
remind all Members to pay attention to the above mentioned issues, take into
consideration the danger and complexity in the carriage of such cargo, and
ensure strict compliance with all the suggestions in the relevant Club
Circulars. Members who are loading or plan to carry such cargo must contact the
Association at the earliest opportunity, so that a local surveyor and/or an
expert can be appointed to take sample of the cargo prior to the ship¡¯s arrival
and send the sample to competent laboratory for analysis. Cargo that may
liquefy is subject to the provisions of the SOLAS Convention and the IMSBC Code
regarding the loading, discharging, trimming and carriage of such cargo. The
master must ensure all the relevant provisions are strictly complied with when
carrying such cargo. When necessary, the master can use the overriding
authority under SOLAS to refuse or suspend the loading of cargo or other
suggestions made by the Association, until the cargo is proved safe for
carriage, or is discharged from ship, so as to avoid the occurrence of serious
marine casualties.
In the
2010 Policy Year, several entered ships were involved in collision with fishing
vessels. The Association would like to bring the Members attention to such
accidents through a brief review of the following cases:
a. The M.V. ¡°Hua Hai Hang
b. The M.V. ¡°East Sunrise
Guangzhou¡± was found to have collided with fishing vessel ¡°Lu Rong Yu
c. The owner of M.V. ¡°Tai
GU Hai¡± received a telephone
call from the MSA, informing them that the owner of fishing vessel ¡°Lu Wei Yu
In all
these collision cases, the crew of the entered ship was not aware of the
occurrence of a collision. Hence, they did not report the accident voluntarily
to the MSA. The MSA locked the entered ships as potential offending ship by
record in VTS/AIS, and then the suspicion was officially confirmed after
boarding the vessel for investigation. This put the shipownenr
in a disadvantaged position in the negotiation with the owner of the fishing
vessel and coordination with the MSA. The Association would like to remind all
Members to draw lessons from these accidents, streamline the various management
work, and strengthen the training of crew members. When the ship is accused of
being involved in a collision accident, the master and crew should coordinate
with the officials when they boarded the vessel for investigation, and provide
them with all the facts concerned.
In the
recent policy years, the stowaway cases on entered ship kept occurring in high
frequency, which cause huge problems to the normal operation of Members. The
Association would like to bring Members attention to such accidents through a
brief review of the following cases.
a. The crew on M.V.
¡°Pacific Banghu¡± found 9 stowaways on board the ship
on 11th Dec. 2008, while the vessel was on a voyage from
b. The M.V. ¡°Bao Fu¡± just left Richards Bay, South Africa on 14th
Oct. 2009, when 2 stowaways from
c. The M.V. ¡°Rui Ning
d. The M.V. ¡°NASCO GEM¡±
found one stowaway on board after leaving
e. The M.V. ¡°SHANGHAI
VENTURE¡± found two stowaways on board after leaving
The
repatriation of stowaways was a very difficult and complicated work. In
addition, it may bring criminal investigation to the vessel and crew. The
repatriation may cost a considerable amount as well.
The
majority of the stowaways come from African countries. This is a common factor
in all the above mentioned cases. Therefore, Members operating an African liner
services or planning to call at African ports should draw special attention to
this issue.
The
Association issued Club Circular No.2 2010, and Loss Prevention Circular No.9
2010 to provide detailed precautionary measures and suggestions on how to
handle stowaway problems. The Association would like to remind all Members and
their entered ships to raise awareness on the stowaway problem, and implement
sufficient precautionary measure, so as to prevent the stowaway from sneaking
onboard the vessel.
According to the data from International Maritime Bureau,
there was a total of 445 pirate attacks in 2010. 53 ships were hijacked,
indicating a 10% increase from 2009. The number of crew taken hostage kept
arising over the years. In 2009, 1,050 crew members were taken hostage, and the
number climbed to
The latest statistics from the International Maritime
Bureau show that the Somali pirates had
launched 397 hijack attempts in the first quarter of 2010. A total of 16 ships
were seized, and 299 crew member taken hostage. In addition, 3 crew members
suffered injuries and 7 died during the attacks. The report also pointed out that the
Somali pirates had widened their scope of activities long outside
In the
event of piracy robbery against ships, deep sea robbery against ships showed a
trend of growing operations. Especially in the waters near
During the 2010 policy year, two entered vessel were
attacked by pirates in the Gulf of Aden and off the
The Association would like to raise Members¡¯ awareness on
the piracy issue, and remind all entered ships passing through the high risk
area to be on alert for pirate threats. Members should strengthen their
anti-pirate work, improve the operation skills of crew by training, and enhance
early warning system of pirate attacks. The Association would like to
remind all Members to pay serious attention to implement the measure
recommended in the various Circulars so that the safety of vessel can be
protected to the greatest extent, and personal injury and loss of property
could be reduced or avoided completely.
Attachment:
Major claims incurred in policy year 2010
<1>
The MV ¡°Gold Wing¡± of Five Ocean Maritime Services Co. Ltd. arrived in Shantou, China to discharge coal loaded in Indonesia, on 2nd
March, 2010. One month later, the cargo owner put forward a claim for $1.12 million,
alleging that the master did not close the hatchcovers
on time in the loading port, and the cargo sustained wet damage. As a result,
the calorific value of the cargo dropped significantly. The buyer was entitled
to claim compensation according to the sales contract. The Association
appointed a lawyer and an expert to investigate the case, and found that the
cargo subject to analysis in the loading port and discharging port was not the
same consignment. The claim has been successfully rejected by the shipowner.
<2> The M.V. ¡°Zhong
Xing¡± of International Marine United Holding Pte. Ltd
encountered strong winds in Taiwan Strait on 26th March, 2011 while
carrying logs from
<3>
The M.V. ¡°Jin Yuan Ling¡± of Cosco Far-Reaching
shipping Co. Ltd. was discharging fertilizer at Kosichang,
Thailand on 2nd April, 2010, when smoke was found coming out from
Hold No.3. After the smoke was put out by water, the cargo in hold No.3 was
found wet damaged and caked. The cargo owner has put forward a claim for
$438,000. The Association is actively handling the claim now.
<4>
The M.V. ¡°Hua Hai Hang
<5>
The M.V. ¡°Da Peng Wan¡± of Cosco Southern Asphalt Shipping Co. Ltd. arrived in
Tarragona, Spain on 6th May, 2010. The port authority found a
spillage of mineral oil of about
<6>
The M.V. ¡°Shun An Xing¡± of Jimei Hua
Shipping Ltd. grounded near Haipong, Vietnam on 14th
May, 2010. The vessel developed a list of 70-80 degrees. The crew abandoned the
ship. The vessel was a constructive total loss. Due to leaking of fuel oil, the
shipowner arranged clean-up service, and at the same
time, tried to plug the leakage. The local authority requested the shipowner to arrange salvage of the vessel ASAP, otherwise,
they would arrange compulsory wreck removal. The claims for salvage, clean-up
service, marking, and cargo damage amounted to approximately $1.4 million in
total. The Association is actively handling the case now.
<7>
The M.V. ¡°SC AURORA¡± of Sinochem Shipping Co. Ltd.(Hainan) arrived at Ningbo, China
to discharge acetone on 2nd June, 2010. The joint survey carried out
by cargo interests and the shipowner revealed that
the permanganate level of samples taken from several cargo holds were lowered
beyond what was stipulated in the sales contract. The surveyor appointed by the
Association analyzed the samples taken in the loading port and found out that
the permanganate level was already lower than the level required by the sales contract.
Hence, the Association pointed out to the cargo interests that prima facie
evidence showed that the cargo was contaminated before loading, and therefore
the carrier should not be held responsible.
<8>
The M.V. ¡°Yuan Da¡± of Hongyuan
Marine Co. Ltd. arrived in
<9>
The M.V. ¡°Jing Feng¡± of Hongyuan Marine Co. Ltd. collided with South Korean flagged
M.V. Hai Jung near Dalian,
China, on 20th June, 2010. The other vessel sank with 5 crew members
dead, 2 crew members missing, and another 2 crew members saved. The owner of
M.V. Hai Jung applied to the local court to arrest the
M.V. Jing Feng. The
Association provided LOU in the amount of RMB24 million to release the vessel.
In addition, Club LOU in the amount of RMB 10 million was provided to the MSA
of Liaoning Province to cover clean-up costs. Later,
the Member managed to arrest the sister ship of M.V. Hai
Jung in
<10>
The M.V. ¡°Hong Prosperity¡± of Hongyuan Marine Co.
Ltd. encountered with severe weather in the Indian Ocean on 26th
June, 2010. The lashing of some steel coils carried in the twin deck broke, and
the cargo sustained physical damage. In addition, several frame structures were
deformed, and the welding in some points of connection was cracked. The cargo
receiver threatened to arrest the vessel and demanded security, after the
vessel arrived in
<11>
The M.V. ¡°Tian Yun He¡± of Cosco Container Lines Co. Ltd. discharged 14 containers of
hardware products in Long Beach, USA on 11th Aug. 2010. The cargo
was found wet damaged after delivery. The cargo receiver put forward claims for
$244,000 and $ 239,000 respectively under two bills of lading. The surveyor
appointed by the Association concluded that the wet damage was caused by fresh
water, for which the carrier should not be held responsible. The survey report
from the cargo interests pointed out that the wet damage was due to water
leakage from the bottom of the containers when the container yard was flooded.
The Association is now collecting evidence from the loading provide, and
requesting the surveyor to comments on the report from the cargo interests.
<12>The M.V. ¡°Pacific Bangjiang¡± of
Pacific King Shipping Holding Pte. Ltd. arrived in
<13> The M.V. ¡°Yong Fa Men ¡±of Nanjing Ocean Shipping Co. Ltd. was sailing towards Brazil
on 14th Aug. 2010, when a crew member suffered spinal injury
onboard. The crew member was hospitalized in
<14> The M.V. ¡°UASC MADINAH¡± of Seaspan
Corporation collided with a cruise ship in
<15> The M.V. ¡°East Sunrise Guangzhou ¡±of East Sunrise (Group)
Co. Ltd. was found to have collided with fishing vessel ¡°Lu Rong
Yu
<16> The M.V. ¡°NASCO DIAMOND¡±of Nanjing Ocean Shipping Co. Ltd. carried nickel ore from Kolonodale, Indonesia to Lianyungang
,China on 9th Nov. 2010. The vessel lost contact with the shipowner off the southern coast of Okinawa,
<17> The M.V. ¡°Hai Xin ¡±of Dalian Yucai Shipping Co. carried 6,055 mt
of Magnetite ore from Chunjin, North Korea bounded
for Rizhao, China, on 22nd Nov. 2010. The
vessel sank off the coast of
<18> The M.V. ¡°Xin Xiang Hai ¡±of Yang Pu Zhe Hai
Shipping Co. Ltd. collided with the dock crane while berthing at Jiangyin, China, on 24th Nov. 2010. The crane
suffered physical damage. The port authority original raised a claim for RMB 10
million for repair cost and loss of use. Taking into consideration the ship¡¯s
schedule and safety issues, the shipowner signed
settlement agreement with the port authority.
<19> The M.V. ¡°Tai Kang Hai ¡± of Cosco Bulk Carrier Co. Ltd. arrived in Bizerte,
Tunisia to discharge American Soya Beans on 5th Feb. 2011. The cargo
in Hold No.2 was found wet damaged by sea water. The vessel encountered heavy weather
en route. The surveyor appointed by the Association considered that the sea
water had entered into the cargo hold from a ventilation opening. The cargo
receiver suspended discharge, and requested the depreciation rate to be
determined at 20%, which led to the claim amount of $336,000. Later, the cargo
receiver arrested the vessel and demanded a bank guarantee in the amount of $
615,000. The Association applied for a court survey. The court surveyor
determined that only 70 mt of cargo was affected. The
claim was finally settled with $90,000.
1. Claims in all policy years and assessment of liability
For all policy years, from the establishment of the Association on 1st
January 1984 to 20th February 2011, there are currently 2,065 open
cases with a total claim amount of $ 724,317,703. The Association¡¯s estimated
liability in these claims is $ 293,259,106£¨including co-insurance
apportionment, net liability $31.66 million£©, with an estimated loss ratio
of 40.48%. In comparison with the preceding policy year, this is an increase of
123 cases (representing an increase of 6.33%). The claim amount increased by $
29.56 million (an increase of 8.76%). The estimated liability increased by $
2.55 million (an increase of 8.76%). The estimated loss ratio increased by 8.37
percentage points. This represents a significant deterioration in the claims.
2. Assets
According
to the Audit Report of the 2010 policy year, the total assets of the
Association were $723.88 million. This represents an increase of 20.9% compared
to the previous policy year, a net increase of $ 125.21 million. This increase
is mainly attributed to the increase in investment income.
3.Free Reserves
per GT
The free
reserves of the Association amounted to $686.19 million, increased by a further
$122.14 million when compared to the $ 564.05 million of the previous policy
year, representing a net increase of 21.65%. This increase is primarily attributed
to the gains from investments and exchange rate.
At a total tonnage of 27.80 million GT in the 2010 policy
year, the free reserve per GT is $24.66. This represents an increase of 5%, or
a net increase of $ 1.17 per GT, compared to $23.49 per GT in the previous
policy year. Had the calculation been based on the total tonnage of 24.01
million GT in the previous policy year, the free reserves per GT would have
been $28.55 per GT, indicating a net increase of 21.56%.
|
Policy Year |
Free Reserve Per GT ($) |
|
|
Calculating at entered tonnage of present policy
year |
Calculating at entered tonnage of previous
policy year |
|
|
2006 |
11.37 |
12.77 |
|
2007 |
21.54 |
24.6 |
|
2008 |
22.83 |
24.73 |
|
2009 |
23.49 |
31.55 |
|
2010 |
24.66 |
28.55 |
|
¡À% |
5% |
21.56% |
Note: The increase rate was
2010:2009 figure
According to data in the above
table, the Association would be ranked first for the past ten consecutive
years, compared with all Clubs in the International Group of P&I Clubs.