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Dublin International Marine Claims Conference - 29th September / 1st October 2004 INTERNATIONAL MARINE CLAIMS CONFERENCE CLAIMS HANDLING FRENCH MARKET PRACTICE

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Page 1: Dublin International Marine Claims Conference - 29th September / 1st October 2004 INTERNATIONAL MARINE CLAIMS CONFERENCE CLAIMS HANDLING FRENCH MARKET

Dublin International Marine Claims Conference - 29th September / 1st October 2004

INTERNATIONAL MARINE CLAIMS CONFERENCE

CLAIMS HANDLING

FRENCH MARKET PRACTICE

INTERNATIONAL MARINE CLAIMS CONFERENCE

CLAIMS HANDLING

FRENCH MARKET PRACTICE

Page 2: Dublin International Marine Claims Conference - 29th September / 1st October 2004 INTERNATIONAL MARINE CLAIMS CONFERENCE CLAIMS HANDLING FRENCH MARKET

Dublin International Marine Claims Conference - 29th Septembre / 1st October 2004

INTRODUCTION : FUNDAMENTALS

1 – Notification of claims

2 – Leading Insurer response

3 – Appointment of Surveyors

4 – Appointment of Lawyers

5 – Issuing guarantees/counter guarantees

6 – Co-insurers

7 – Settlement of claims

SUMMARY

Page 3: Dublin International Marine Claims Conference - 29th September / 1st October 2004 INTERNATIONAL MARINE CLAIMS CONFERENCE CLAIMS HANDLING FRENCH MARKET

Dublin International Marine Claims Conference - 29th Septembre / 1st October 2004

FRENCH MARINE CLAIMS HANDLING FUNDAMENTALS

French H. & M. General Conditions are “All Risks” policy: burden of proving does not lie with the Assured. On the contrary, it is up to the Insurance Company to prove that the case is not covered

As a consequence, Loss Adjustment is made by Leading Insurers which have developed in-house expertise in marine claims practice with lawyers and master mariners

Today’s practice is that Leading insurers are directly handling H. & M. claims and servicing the Assureds in the same way whatever the insurance conditions may be.

Page 4: Dublin International Marine Claims Conference - 29th September / 1st October 2004 INTERNATIONAL MARINE CLAIMS CONFERENCE CLAIMS HANDLING FRENCH MARKET

Dublin International Marine Claims Conference - 29th Septembre / 1st October 2004

1 - Notification of Claims

Normal practice: claims notified through Broker to Leading Insurer

Emergency cases and outside working hours cases:

Claims notified by Ship Owners direct to Leading Insurer

24 hours emergency phone numbers

Dedicated crisis management organizations: set up by each

Leading Insurer to resolve rapidly and efficiently complex technical

and legal issues raised by large marine claims

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Page 5: Dublin International Marine Claims Conference - 29th September / 1st October 2004 INTERNATIONAL MARINE CLAIMS CONFERENCE CLAIMS HANDLING FRENCH MARKET

Dublin International Marine Claims Conference - 29th Septembre / 1st October 2004

2 - Leading Insurer response (1)

Normal practice

Acknowledges receipt and notify name of claims handler

Check whether surveyor has been already appointed or, if not, appoints surveyor and issues instructions

Raises estimates for indemnity and costs, on the basis of information provided by Assured/Broker or, if not available or not sufficiently accurate, determines estimates with the assistance of in-house Master Mariners

Page 6: Dublin International Marine Claims Conference - 29th September / 1st October 2004 INTERNATIONAL MARINE CLAIMS CONFERENCE CLAIMS HANDLING FRENCH MARKET

Dublin International Marine Claims Conference - 29th Septembre / 1st October 2004

2 - Leading Insurer response (2)

Emergency cases (fire, collision, grounding …):

In addition to the above, Leading Insurer may:

Take appropriate measures to minimize loss, protect rights, safeguard Assureds’/his interests

If applicable, assist the Ship Owner or directly concludes L.O.F. / contracts of towage, discuss and issue salvage guarantees

In collision cases, take care of discussing liabilities and guarantees,

either directly or with the P. & I. Club if applicable, issue guarantees or counter-guarantees

Page 7: Dublin International Marine Claims Conference - 29th September / 1st October 2004 INTERNATIONAL MARINE CLAIMS CONFERENCE CLAIMS HANDLING FRENCH MARKET

Dublin International Marine Claims Conference - 29th Septembre / 1st October 2004

3 - Appointment of Surveyors (1)

French Market central organization CESAM is in charge of monitoring a worldwide surveyors network on behalf of the French Marine insurers who use this network in normal circumstances

CESAM is in charge of leading this network, in terms of expertise and quality of service, and in terms of fees, with the input of each individual Insurance Company and Broker

If no CESAM local surveyor with appropriate expertise is available, other surveyors may be appointed but always selected or ratified by the leading underwriter

If required by assured, surveyors outside CESAM network may be agreed in the insurance policy

Page 8: Dublin International Marine Claims Conference - 29th September / 1st October 2004 INTERNATIONAL MARINE CLAIMS CONFERENCE CLAIMS HANDLING FRENCH MARKET

Dublin International Marine Claims Conference - 29th Septembre / 1st October 2004

Instructions to surveyors include: Vessel’s particulars, including class and other certifications status Circumstances of loss

Nature, extent and causes of loss

Repair costs

If applicable, investigations as to any third party potential liability in the casualty

but never adjustment of claims or any advice on contract of insurance clauses

3 - Appointment of Surveyors (2)

Page 9: Dublin International Marine Claims Conference - 29th September / 1st October 2004 INTERNATIONAL MARINE CLAIMS CONFERENCE CLAIMS HANDLING FRENCH MARKET

Dublin International Marine Claims Conference - 29th Septembre / 1st October 2004

If practicable and except for recovery actions, first choice left to assured, but always ratified by insurers

Selection always made in accordance with following criteria:Expertise (Knowledge of local/applicable law, specialist in relevant fields …)Level of fees

Insurance companies may have special agreements with selected lawyers essentially providing for scale of fees

As a general rule, precise instructions are given by insurance companies which always want to ratify decisions/courses of action and to closely monitor fees and expenses

4 – Appointment of Lawyers

Page 10: Dublin International Marine Claims Conference - 29th September / 1st October 2004 INTERNATIONAL MARINE CLAIMS CONFERENCE CLAIMS HANDLING FRENCH MARKET

Dublin International Marine Claims Conference - 29th Septembre / 1st October 2004

Salvage and collision cases (4/4th cover): whenever accepted, guarantees issued by Leading Insurer, on 100 % basis, subject to financial strength of co-insurers, with counter-guarantees from co-insurers

Salvage: Some Insurance Companies have special agreements with selected salvors providing for standard wording and quick issuance of letters of guarantees, rapid settlements and easy disputes resolution

5 - Issuing guarantees / counter guarantees

Page 11: Dublin International Marine Claims Conference - 29th September / 1st October 2004 INTERNATIONAL MARINE CLAIMS CONFERENCE CLAIMS HANDLING FRENCH MARKET

Dublin International Marine Claims Conference - 29th Septembre / 1st October 2004

New claims with initial estimates, as well as subsequent movements of reserves and payments are notified immediately by Leading Insurers through electronic data transmission for all French Market Insurers and through the Brokers for Foreign Markets Insurers.

6 - Co-insurers (1)

Page 12: Dublin International Marine Claims Conference - 29th September / 1st October 2004 INTERNATIONAL MARINE CLAIMS CONFERENCE CLAIMS HANDLING FRENCH MARKET

Dublin International Marine Claims Conference - 29th Septembre / 1st October 2004

Protocols signed by Marine Insurance companies through French Insurance Companies Association (F.F.S.A.) concerns:

Central co-insurance management covering:

Central accounting system (Optiflux) involving also Brokers and Underwriting Agents

Central electronic data exchange system

Claims Handling Scheme governing rules of charging fees and compensating costs for claims handling and recoveries by

Leading Insurers

6 - Co-insurers (2)

Page 13: Dublin International Marine Claims Conference - 29th September / 1st October 2004 INTERNATIONAL MARINE CLAIMS CONFERENCE CLAIMS HANDLING FRENCH MARKET

Dublin International Marine Claims Conference - 29th Septembre / 1st October 2004

Adjustments prepared by Leading Insurers and submitted to Assureds before payment

Payment to Brokers through Central accounting system (Optiflux). Direct payment to Assureds or to third parties (shipyards …etc) always possible.

7 – Settlement of claims