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By Sea and Coast | 08/10/2020

EFFECTIVE CLAIMS HANDLING BY OWNERSHIP MANAGER

The ISM Code

There has been considerable discussion in various quarters as to the impact of the ISM code on the question of due diligence in insurance policies. Practically speaking, only the Norwegian plan mentions the ISM code by name, and even then it appears that ISM cod is only considered to be a safety regulation . maintenance of the system of safety management is not an absolute condition to be complied with and it does not mean that if you breach your ISM accredited management system, your claim will necessarily fail.

Essentially, we think that the ISM code is only an indicator of safety management existing in any particular management operation. We would take a possible breach of the system as only part of the evidence concerning how the casualty occurred to see whether the proviso of due diligence has been met. English marine insurers are prepared for accidents to happen as a result of individuals, and this does not change because of the ISM code. The provision concerning due diligence is still one of their main defences that should have been avoided.

2.7 Extent of Damage

The Superintendent must make clear at survey the extent of the damage to the Underwriters’ Surveyor. If further damage is discovered during a repair, the Surveyor must be called back and specifically informed of this.

Failure to do this makes them very reluctant to agree to additional costs at the time when the repair bill is being finalised and they can no longer see the damage in question.

2.8 Cost of Repairs

Ship owners have to demonstrate that the cost of repairs is fair and reasonable.

2.8.1 Approval of Underwriters’ Survivor

It is essential that the Underwriters’ Surveyor agrees the cost and method of repairs, preferably before the repairs are carried out but certainly before the repair accounts are agreed and paid. After they are paid, it is difficult to get the Surveyor to change his mind.

It saves time in claim processing if the Superintendent can get all the accounts together for the attending Surveyor’s agreement on the spot. It also saves writing to the Surveyor at a subsequent stage. If a lot of spare parts are involved, this may not be possible.

A detailed record of parts, stores and other materials used is essential for justifying the claim.

2.8.2 Temporary Repairs

Temporary repairs are designed to save the Owners’ time but they have an Additional cost over and above the cost of damage repairs which Insurers may not Be liable to pay for. Hull Insurers only pay for temporary repairs where.

a) Permanent repairs are not possible at that port or the delay would be unreasonable (viz. Delivery of parts).

b) Vessel is on a liner service (in practice usually container vessels only).

c) Saving is effected to Hull Underwriters by enabling the vessel to effect repairs in a cheaper repair port or to defer repairs to a scheduled docking rather than undertake a special docking.

d) They are justified in General Average.

The separate cost of temporary repairs and the reason for which they are carried out should be made clear to the Surveyor.

Generator hire is often treated similarly to temporary repairs with one or two variations. Problems can arise where generators are hired for lengthy periods. Under the Scandinavian conditions, however, they are seldom treated as the cost of temporary repairs and could only be claimable from Loss of Hire Insurers.




COMMENT
Brent McEwen
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McEwen: The most important running he's got produced is within the team connected with readiness. He is usually a twelve months more mature and then he is twelve months more knowledgeable than once we drafted them. You are able to see your talents in his game – a chance to make takes on and he carries a authentic edge against their competitors. You verify him get older along with experience which readiness process that a young child undergoes off their set up twelve months. You furthermore see it from your cultural perspective.

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ABOUT BRENT McEWEN
Brent McEwen continues to be a newbie hunt for your Noblemen due to the fact 04. Prior to be able to signing up for the actual Leaders, McEwen loved the diverse track record to be a gm, instructor in addition to tutor.

From 1997-2004, McEwen helped your Saskatoon Mower blades with the American Dance shoes League, in which he organised this subject connected with general manager, hockey as well as company procedures. He also ended up being mixed up in the Category exactly where they ended up being chairman from the workforce companies board; affiliated with the officiating and schooling committees; as well as different governor.

Prior to help joining this Mower blades, McEwen used 4 years within The european countries. For a single year this individual had been the national staff go coach for your Norwegian Ice Baseball Federation. Within 1995-96, this individual seemed to be the actual top mentor for Rogle BK from the Remedial Top notch League, along with before he provided for just two months because the brain mentor intended for Vita Hasten of the Remedial Department Just one little league.

Before enrolling in your expert rates, McEwen pertaining to Decade did wonders for the College or university of Saskatchewan where by their duties integrated instruction the College Tennis System; Growth and Management of the particular Baseball School; as well as educating.

A own associated with Whitewood, Saskatchewan, McEwen, Fifty four, graduated from your School connected with Saskatchewan with 1983. He with his fantastic better half, Ellen, have a couple of children: a new child, Duncan, and also a girl, Kirsten. They are now living in Saskatoon, Saskatchewan.