This article was first published by The Maritime Executive and is reproduced by their kind permission.
Insurer’s Role in Salvage
The P&I BY EAMON MOLONEY
Eamon Moloney is North P&I’s Deputy Director (Claims). Eamon joined the Club from Eversheds, where he was Partner & Head of Admiralty Law, specialising in marine casualties and pollution. Before qualifying as a lawyer Eamon spent ten years in the Royal Navy, with worldwide service as the navigation officer of minesweepers, frigates and destroyers. He was named ‘Shipping Lawyer of the Year’ at the Lloyd’s List International Awards of 2005.
Major marine casualties are rare events but values are increasing and so are the liabilities that need to be addressed.
In every marine casualty the parties involved have a shared interest in bringing about the best outcome for the crew and vessel, and the most successful response efforts are usually those with the best level of communication and understanding. A P&I Club is only one of many parties, but the range of liabilities that we indemnify and the specialist knowledge that we contribute ensures that P&I involvement is always “from cradle to grave.”
In every casualty response, the safety of life (most often that of the crew) is paramount. This priority is not restricted to the immediate response, because the ever-present risk of criminalization means that crew members often remain in the front line even after the immediate dangers to life, the environment, and property have been addressed.
38 | The Report • December 2017 • Issue 82
It is for the master and owners to assess the dangers facing the ship and crew and to take whatever steps are necessary to manage those risks; very often the appropriate response will be to bring in professional salvors. The master and owners must be confident that their insurers will support whatever professional help is needed to mitigate the dangers of the situation. In the face of “real and present danger,” time spent consulting or negotiating is time wasted and can only increase the dangers faced by the ship and crew. The standard casualty-response contracts, particularly Lloyd’s Open Form (“no cure-no pay”), avoid the need for consultation and negotiation in emergency situations, and masters and owners should not hesitate to agree them. When assessing danger, a good test is to ask yourself, “What will happen if I do not accept this assistance?”
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