Duties of Underwriters in relation to claims

Claims Protocol Surveyors Clause

Upon notification to MARISTELA of an incident that may give rise to a claim under this policy it is agreed that MARISTELA will provide the assured with the name and contact details of their surveyor.

At the request of MARISTELA the assured shall immediately advise the surveyor of the nature of the incident, the extent of damage and request that the surveyor attends the vessel. The costs of attending the casualty and reporting will be borne by the underwriters hereon.

The surveyor’s preliminary report will be submitted to MARISTELA within 3 working days of the date of the initial survey. This report will give a brief description of the circumstances of the incident and an estimate of repair costs.

A full report will be produced to MARISTELA within 7 working days of the surveyor and owner’s representative agreeing on causation, repair specification and estimated costs of repair. This report will be made available to Brokers within 7 working days of receipt by MARISTELA or reasons will be given should the report not be made available.

An addendum to this report will be produced to MARISTELA within 7 working days of the completion of repairs addressing the efficacy of repairs and the costs involved.

ADJUSTERS

If an average adjuster recommended by MARISTELA is instructed following an incident which may give rise to a claim under this insurance, the average adjuster appointed shall submit a preliminary report to MARISTELA, Brokers and Assured simultaneously and within 14 working days of the occurrence. This report shall contain a brief description of the circumstances of the incident (including an initial opinion on causation and compliance or otherwise with policy warranties), advice as to the third parties against whom rights should be reserved and proposed action in this respect. Where possible a provisional estimate of the costs should also be included.

Within 30 working days of the incident, the adjuster will submit to MARISTELA, Brokers and the Assured, a report containing a full description of the circumstances of the incident and full breakdown of estimated costs as well as a quotation for the adjusters’ fees for handling the claim. A formal adjustment shall not be produced unless MARISTELA or the Assured specifically request this. In the event that the Assured requires a full adjustment other than for general average, the cost of producing it shall be borne by Assured.

Thereafter the average adjuster shall update MARISTELA, Brokers and Assured as appropriate or on request but at no less than bimonthly intervals.

BALANCE OF CLAIM

Underwriters undertake to examine and respond to final claim statements within 14 calendar days of submission of such statement.

RELEASE AND INDEMNITY

Owners will be requested to sign the standard release and Indemnity agreement as provided for as in Appendix 3.

LAWYERS

In the event that there is a requirement to instruct a lawyer to protect assured’s interests and those of underwriters, the instruction must be referred to MARISTELA for their approval prior to being appointed.

CLAUSE PARAMOUNT

It is noted that nothing in this Claims Procedure Document shall override any Notice of Loss provision contained in this insurance.