ITIC Insight podcast
Welcome to ITIC’s podcast series – ITIC Insight – where we will be discussing the important issues and challenges facing transport and insurance professionals across the world; and offering loss prevention advice and our insights.
Guidelines for marine surveyors when drafting reports
Chloe Townley, Senior Account Executive at ITIC, has an insightful conversation with Lucy Goff, a Senior Associate in the LA Marine team at Lester Aldridge. Lucy shares valuable guidance on what marine surveyors need to consider while drafting their reports. Lucy suggests that for writing damage or investigation reports, surveyors should gather ample information and store related documentation securely. Also, note all sources while drafting reports and remain impartial to your reported findings, as it is crucial should there be any future legal disputes.
The importance of co-assurance for ship managers
Ayşegül Wallis, Account Executive at ITIC, spoke with Ester Toumpouris, Partner at Ince in Cyprus, about the “Ocean Victory” Bulk Carrier, which lost steerage and subsequently grounded. The crew were safely evacuated from the vessel before she broke apart. This was followed by the court case in 2006 regarding a breach of the safe port obligation warranty. Even though The Ocean Victory is a case concerning safe port obligation, the Supreme Court thought that the co-assurance clause is equally essential. Due to the co-assurance provisions, the subrogated insurers were not entitled to claim against the demise charterer. In this episode, Ester sheds light on co-assurance and the relevant BIMCO co-assurance clause.
Marine Surveyors in Australia
This episode of ITIC Insight focuses on marine surveyors based in Australia. Robert Sniffen, Underwriting Director at ITIC, speaks with Chris Sacré, Partner at Hall & Wilcox in Sydney, Australia. ITIC has handled many marine surveying claims over the years and is offering a guide on what surveyors should look for to ensure terms and conditions are correctly worded. In this episode, ITIC concentrates on Australian jurisdiction and surveyors. Chris provides insight into which main clauses and conditions an Australian marine surveyor should always include in contracts and how to identify any shortfalls.
Ship manager’s liability for crew negligence
In this episode of ITIC Insight, Ayşegül Wallis, Account Executive at ITIC, spoke with Ester Toumpouris, Partner at the international legal and professional services firm Ince in Cyprus, regarding the BIMCO "Shipman" contract. Considering the BIMCO Shipman and Crewman contracts, Ester provides information regarding the manager's liability for crew negligence. The contract is widely used and also recommended by ITIC as a balanced contract between the interests of the manager and the shipowner. Ester gives insight into claims made against ship and crew managers that have arisen purely from the crew's negligence. However, Ester says, P&I or hull insurers should cover claims arising from crew negligence. They are not the responsibility of the supplier of the crew, namely the ship or crew manager. If an error (by a fully certified and qualified chief engineer) causes damage to a main engine, the claim should fall against the hull and machinery underwriters. The fact that the chief engineer made a mistake does not mean the ship or crew manager had been negligent. The manager is exempt from any crew negligence even if their actions were negligent unless the manager is negligent in supplying the crew.
ITIC Claims Review 48
In this episode of ITIC Insight, ITIC's Marketing Director, Emma Leworthy, interviews Claims Director Mark Brattman regarding recent claims published in the Claims Review, of which Mark is also the Editor. The Claims Review is a series of case studies that have been paid by ITIC or where assistance has been rendered. Mark provides invaluable insight into recent claims and pitfalls that members should be aware of, which may occur in their businesses. The Claims Review is published twice a year. To read the series of case studies published in issue 48, please visit the ITIC website.
Interview with ITIC Chairman Jeff Woyda
Tom Irving, ITIC’s CEO, sits down with Jeff Woyda, the newly appointed Chairman of ITIC. Jeff is currently the CFO and COO at Clarksons, which provides advisory services to the maritime sector, including shipbroking, research, finance and green-driven services. He also boasts an impressive resume in the regulatory sector. In this episode, Jeff shares his insights on some issues and opportunities facing brokers today amid challenging market conditions, from sanctions and price caps to the dark fleet. He also talks about the importance of technology and training for ITIC members.
Game changer? Electronic bills of lading
The digitisation of bills of lading has been a hot topic for years. Since this episode was recorded, the final report of the Law Commission of England and Wales together with draft legislation, entitled “electronic trade documents” has been published. ITIC's Account Executive Aysegul Wallis joins Claims Director Mark Brattman to discuss the benefits and challenges of electronic bills of lading compared to traditional paper bills of lading. They also discuss how ITIC members, particularly ship agents, are affected by the vast number of electronic systems that are currently in play and how it is hoped a single system could benefit all members.
Claims Review 46
ITIC's Claims Director Mark Brattman and Marketing Director Emma Leworthy highlight some of the claims from the recently published Claims Review 46. This publication provides a selection of marine cases recently handled by ITIC and offers relevant guidance and instruction to help members avoid similar pitfalls. Mark and Emma are also joined by ITIC’s newest account executive Aysegul Wallis to discuss her career.
A look at the claims landscape in Spain
ITIC's Melanie Daglish takes to the microphone to speak with Hispania P&I Correspondents founders James McKinnell and Rosana Velasco. Hispania offers the full range of P&I Correspondents’ and claims handling services throughout the whole of Spain, and they discuss with Melanie the recent claims being seen in the region. James and Rosana also talk through the effects of the conflict in Ukraine, sanctions on Russia and ship agents involved in Covid-19 crisis claims. NB. Please be aware that the speakers on this podcast are speaking in both Spanish and English.
Pay attention when amending BIMCO clauses
ITIC's Commercial Director Charlotte Kirk is joined by Ester Toumpouris, a Partner at Ince & Co, for ITIC's podcast to provide some background for ship managers on amending clauses in contracts particularly with respect to arbitration and jurisdiction. Ship managers should be very careful with any amendments to these aspects of the BIMCO Shipman and Crewman agreements and Ester and Charlotte offer insight on how best to approach and manage this activity.