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P&I

Protection and Indemnity insurance or “P&I” as it is usually called, is a shipowner’s insurance cover for legal liabilities to third parties. “Third parties” are any person, apart from the shipowner himself, who may have a legal or contractual claim against the ship. P&I insurance is usually arranged by entering the ship in a mutual insurance association, usually referred to as a “club”.

Colision Liability

P&I pays the balance of Hull insurer up to full security. Limitation of liability LLMC 1976: under this convention, liability in respect of the following claims may be limited.

Claims subject to limitation

  • claims in respect of loss of life or personal injury or loss of or damage to property (including damage to harbour works, basins and waterways and aids to navigation), occurring on board or in direct connexion with the operation of the ship or with salvage operations
  • claims in respect of loss resulting from delay in the carriage by sea of cargo, passengers or their luggage
  • claims in respect of other loss resulting from infringement of rights other than contractual rights, occurring in direct connexion with the operation of the ship or salvage operations
  • claims in respect of the raising, removal, destruction or the rendering harmless of a ship which is sunk, wrecked, stranded or abandoned, including anything that is or has been on board such ship
  • claims in respect of the removal, destruction or the rendering harmless of the cargo of the ship
  • claims of a person other than the person liable in respect of measures taken in order to avert or minimize loss for which the person liable may limit his liability in accordance with this Convention, and further loss caused by such measures.

Claims excepted from limitation

  • claims for salvage or contribution in general average
  • claims for oil pollution damage within the meaning of the International Convention on Civil Liability for Oil Pollution Damage
  • claims subject to any international convention or national legislation governing or prohibiting limitation of liability for nuclear damage
  • claims against the shipowner of a nuclear ship for nuclear damage
  • claims by servants of the shipowner or salvor whose duties are connected with the ship or the salvage operations, including claims of their heirs, dependants or other persons entitled to make such claims, if under the law governing the contract of service between the shipowner or salvor and such servants the shipowner or salvor is not entitled to limit his liability in respect of such claims, or if he is by such law only permitted to limit his liability to an amount greater than that provided for in Article 6

LIMITS as amended by 1996 protocol

 

Oersonal claims: Los of life or personal injury

Other claims

Passenger claims: per passenger on board

tonnage

Limit in SDR’s

 

 

Up to 2,0000 t

2,000,0000

1,0000,0000

175.000 SDRs multiplied by the number of passengers the vessel is authorized to carry

For each tonne above 2,000 up to 30,000t

800

400

       

        « «

For each tonne from 30,000-70,000

600

300

       « «

For each tonne in excess of 70,000

400

200

        « «

Exemptions for loss of or damage from

  • an act of war
  • an exceptional, inevitable and irresistible natural phenomenon (tsunami)
  • an omission or deliberate damage from a third party
  • the negligence of a government or other authority

Liability for pollution of the sea

Limits of the different international regimes for tankers

Gross tonnage of Double hull vessel, thous

Civil liability convention 1992

Fund convention

Supplementary Fund

OPA 1990

OPA 1990 fon non tankers

0

$6.6ml

$298.5ml

$1103ml

$427.2ml

$854.4ml

4

6.63

298.5

1103

1708.8

854.4

25

23.2

298.5

1103

50

854.4

50

46.4

298.5

1103

100

854.4

75

69.6

298.5

1103

150

854.4

100

92.8

298.5

1103

200

854.4

125

116

298.5

1103

250

854.4

150

132

298.5

1103

300

 «

175

132

    «

  «

350

 «

200

132

    «

  «

400

 «

225

  «

    «

  «

450

 «

250

   «

    «

  «

500

 «

Liability for pollution by Hazardous and Noxious Substances

GRT

Limit in SDRs for HNS in bulk

Limit in SDRs for HNS in packages

Up t0 2.000

10,000,000

11,500,000

2,001-50,000

Additional 1,500/ton

Additional 1,275/ton

50,000 +

Additional 360/ton

Additional 414/ton

Max limit

100 ml

115 ml

Fund max

250 mil

250 ml

Removal of Wreck Convention 2007

The owner of the vessel that becomes a wreck shall be strictly liable for the costs of allocating, marking and removing the wreck when it poses a hazard to:
  • navigation
  • the environment
  • offshore rigs, pipelines, cables
Exemptions: if the owner can prove that the damage arose
  • from an act of war
  • from an exceptional, inevitable and irresistible natural phenomenon
  • from an omission or deliberate damage from a third party
  • from the negligence of a government or other authority
Limits: application of the (LLMC 1976) for non-personal claims, referred above.

Liability to passengers under the Athens Convention 1974

  • for damage suffered
  • as a result of death or personal injury to a passenger
  • loss of or damage to their luggage
  • the damage was due to the fault or neglect of the carrier

Limits per passenger in SDRs

 

Athens convention

1990 protocol

2002 protocol

Death or personal injury/ passenger

46,666

175,000

250,000 not yet in force

Loss of or damage to vehicle/ carriage

3,333

10,000

12,700 not yet in force

Loss of or damage to cabin luggage per passenger per carriage

833

1,800

 2,250 not yet in force

Loss of or damage to other Luggage per passenger per

carriage

1,200

2,700

 3,375 not yet in force

Liability for Salvage awards

(London Convention 1976) example

 

Total

Hull insurer

Cargo insurer

P&I Club

Article 13

award

100,000

10,0000

90,000

 

Article 14 SCOPIC

50,000

 

 

50,000

Special Casualty Representative (SCR)

10,000

500

4,500

5,000

Towage collision liability

Under this contract, the balance of the hull isurer.

Crew Liability

  • death, personal injury or illness on board
  • repatriation and substitute expenses
  • funeral expenses
  • (PEME) Pre-Employment Medical Examination - from specific P&I club to limited crew nationalitiesr
  • Personal items with agreement usually excluded cash, negotiable instruments, precious or rare metals or stones

For any additional information please contact us.

Contact Info

60 FILONOS ST. PIRAEUS, 18535
210.412.2975
 697.445.5584
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