Admiralty & Maritime

Marine Insurance Lawyers in India

Cargo, hull and P&I claims, rejected and short-settled claims, general average and subrogated recoveries, for assureds and insurers across India. Counsel from New Delhi, led by a master mariner and advocate.

Marine insurance claims, from the survey to the courtroom.

A marine insurance claim is won or lost on facts that are fixed in the first few days after a loss: what the surveyor saw, what notice was given, and which documents were kept. We act for cargo owners, shipowners and other assureds whose claims have been delayed, cut down or rejected, and for insurers and P&I clubs on coverage questions and on recoveries from the parties who caused the loss.

The practice is led by Capt. Pramod Kumar Singh, a Master Mariner (F.G.) who commanded ocean-going vessels and later ran marine and commercial operations before qualifying as an advocate. When an insurer says cargo was badly stowed, or that a vessel was unseaworthy, we can test that claim against the ship’s own records, not only against the survey report. For survey and loss assessment, the firm instructs IRDA-licensed marine surveyors as each matter requires.

Who we act for.

01

Importers, exporters and cargo owners

Claims under cargo policies and open covers for loss, shortage, wetting, contamination and damage in transit, by sea or under a multimodal transport document. We deal with the insurer, the surveyor and the carrier together, so that the claim against one does not weaken the claim against the other.

02

Shipowners and managers

Hull and machinery claims after collision, grounding, fire or machinery breakdown, including disputes over cause, repair cost and deductibles, and coverage disputes with underwriters.

03

Insurers and P&I clubs

Coverage advice, defence of claims, and subrogated recovery actions against carriers, terminals and other parties in India. We work alongside P&I correspondents and report in the format the club or insurer uses.

04

Charterers and traders

Charterers’ liability cover, cargo disputes under sale contracts and charterparties, and claims where the insurance position and the contract position have to be read together.

The claims we handle.

i.Cargo claims under the Institute Cargo Clauses. Clauses (A) cover all risks subject to the listed exclusions. Clauses (B) and (C) cover named perils only. Many rejections turn on which set applies and on how an exclusion, such as insufficient packing or inherent vice, is read.
ii.Hull and machinery claims. Collision, grounding, heavy weather and machinery damage, where the dispute is often whether the loss came from an insured peril or from wear and tear and want of maintenance.
iii.P&I and liability claims. Cargo liability, crew injury and death, pollution, wreck removal and fines, and the cover questions that arise between a member and its club.
iv.General average and salvage. Average bonds and guarantees, release of cargo held under the carrier’s lien, and contributions under the York-Antwerp Rules.
v.Subrogated recoveries. After paying a claim, an insurer can pursue the carrier, the terminal or the party at fault in the name of its assured. These recoveries depend on the time bar and on the notices given at discharge.
vi.Rejected and short-settled claims. Rejections for non-disclosure, breach of warranty, late notice or an excluded cause, and settlements that leave out heads of loss the policy covers.

The law that decides most disputes.

Marine insurance in India is governed by the Marine Insurance Act, 1963, which follows the English Marine Insurance Act of 1906 closely. A few of its principles decide most of the disputes we see.

01

Utmost good faith

A marine policy is a contract of utmost good faith. The assured must disclose material facts before the contract is made, and a serious failure to do so can allow the insurer to avoid the policy. Many rejections rely on this principle, and many of them can be challenged on whether the fact was really material.

02

Proximate cause

The insurer is liable for a loss proximately caused by a peril insured against. Where two causes combine, such as heavy weather and a defect in the ship, the question of which one was the real cause often decides the claim. This is where a seafarer’s reading of the facts matters most.

03

Warranties

A warranty in a marine policy must be complied with exactly. Typical warranties cover the vessel’s class, the trading area and the way cargo is packed. We look closely at whether a warranty was really breached, and whether the breach is linked to the loss at all.

04

Indemnity and subrogation

The policy indemnifies the assured for the loss, and no more. Once the insurer pays, it takes over the assured’s rights against those responsible. The assured must not settle with or release the carrier without the insurer’s consent.

After a cargo loss: the first steps.

The claim against the insurer and the claim against the carrier move on different clocks. Getting these steps right in the first week protects both.

1.Notify in writing at once. Tell the insurer, and the carrier or its agent, as soon as the loss is known. Note the damage on the delivery receipt or outturn report.
2.Call for a joint survey. Invite the carrier, the insurer and the terminal to a joint survey before the cargo is moved, sold or destroyed.
3.Give the three-day notice. Under the Carriage of Goods by Sea Act, 1925, written notice of loss or damage should be given to the carrier at the time of removal of the goods, or within three days where the damage is not apparent.
4.Keep the evidence. Photographs, damaged packing, samples, tally sheets, container seal numbers, equipment interchange receipts and the survey report.
5.Put the documents together. The policy or certificate, invoice, packing list, bill of lading, survey report, port and customs records, and the claim letter to the carrier with any reply.
6.Watch the time bar. A claim against a sea carrier under the 1925 Act must usually be brought within one year of delivery. Under a multimodal transport document the period is shorter. Obtain an extension in writing, or file before it runs out.

Questions assureds and insurers ask.

Ask the insurer for the reasons in writing, together with the survey report it relies on. Most rejections rest on an exclusion, a breach of warranty, non-disclosure or late notice. Each of these can be tested on the policy wording and the facts. Disputes go to the civil courts, the consumer commissions or arbitration, depending on the policy terms and the nature of the claim.

No. A survey report is evidence, and an important one, but it can be challenged. Where the insurer’s surveyor has reached a conclusion on cause that does not fit the facts, the assured can bring its own surveyor’s findings and other evidence.

When a ship makes an extraordinary sacrifice or incurs extraordinary expense for the common safety, such as a port of refuge call after a fire, all interests contribute in proportion to their value. This is general average. The carrier may hold the cargo until security is given, usually an average bond from the cargo owner and a guarantee from its insurer.

Yes, through subrogation, as long as the time bar has been protected and the claim against the carrier was not released. The carrier will usually rely on the bill of lading terms and the package limitation, so the documents from the day of discharge matter.

Further reading.

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