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Underwriters fall out with expert witness over valuation of fire-damaged vessel

ITIC has reported a case in which hull and machinery insurance underwriters commenced proceedings against a marine consultancy firm for alleged negligence in failing to properly review shipyard…

Allegations of arson and allegations of defamation

A yacht was involved in an explosion at a marina.  Following the incident an insurance claim was made by the owners of the yacht. The insurers appointed an expert to investigate the cause of the…

New evidence destroys opinion

A firm of marine engineers regularly acted as experts in court proceedings. They had been approached by solicitors to assist in a potential claim relating to the engines of a pleasure craft. …

Who did you agree with?

A vessel reported she was under attack from pirates off the coast of Aden. The pirates’ presence allegedly resulted in a fire breaking out on board the vessel and the crew abandoning…

Who is paying you?

One of the issues that can arise is whether it is the lawyers or their clients who are responsible for the fees. Clear terms of engagement should clarify the issue.  One firm of solicitors…

Surveyors sued for loss of evidence

A firm of surveyors was appointed by an insurance company to investigate the cause of a fire at a factory in America. The cause of the fire was alleged to be a faulty forklift truck. Following a…

Standard trading conditions for expert witnesses

These terms and conditions are published for the general interest of members of ITIC acting as an expert witness in the UK. The specific requirements of individual businesses vary and accordingly no…

Managers may face more claims in tightly regulated industry

The regulatory framework in shipping continues to be ever more complex. As a result, ITIC has seen an increase in claims from the owner against the ship manager. Although a manager must be named as…

Don’t become liable for the charterer’s default

ITIC has dealt with claims where commercial managers have ended up making good the financial default of the charterers who hired their principal’s vessel.  The starting point, as with most ship…

Managers face diverse nature of exposures to liability

Claims for negligence or errors or omissions can be devastating for ship managers and, if they are unprepared, can ultimately affect them in more than a financial sense. They can damage reputations…