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P and I Claims: A Guide

Notification

Failure to notify EnergyRe of any incident that might give rise to a claim might be prejudicial to the Insured's right to make a claim for reimbursement under the insurance.
The first notice of any incident should be made to the claims team in London and/or Asia as promptly as practicable after occurrence. The sooner we are aware of the problem then the better equipped we are to ensure that appropriate resources are deployed with a view to ensuring the best possible outcome in each case.
The following checklist provides a guide to the information that wherever possible should be provided when notifying EnergyRe of any new incident. It is not intended to be an exhaustive list:
Name of Ship:
IMO Number & Flag:
Identity of Insured: (i.e. the party named as the insured with EnergyRe)
Port or place of incident:
Date of incident:
Voyage details:
Incident details: (brief description of events giving rise to incident, nature of damage so far as known. Cargo type/damage. Name of colliding vessel. Berth name. Name of injured person(s). Pollution. Grounding position, etc)
Contact details of notifying party: (office, out of office, e-mail, mobile for organisation/people involved in the incident response)
Name of local agent or representative:
Action taken: (as much detail as possible in order to ensure that necessary steps can be taken to organise appropriate response)
EnergyRe utilises the Lloyd's Agency network to provide local assistance to masters and owners of insured vessels. For contact details and instructions on how to locate a Lloyd's Agent please visit our web site: www.energyre-int.com
In circumstances where urgent local assistance is required, the Insured is welcome to contact the nearest Lloyd's Agent to the incident to request immediate assistance. In all cases the Lloyd's Agent will subsequently contact the claims team in London to request confirmation; (1) of EnergyRe interest; and, (2) instructions as necessary.

Submission of Claims

In order to ensure that any claims for reimbursement can be approved and processed as quickly as possible, it is incumbent on the Insured to present their claim in as complete and coherent manner as possible. By way of guidance, we set out below the minimum requirements for the submission of any claim for reimbursement in order to assist EnergyRe to expedite settlement:
Covering letter: (to identify vessel, description of claim, quantum of claim, identity of claimant, identity of Insured)
Supporting documentation: (supporting documentation presented in support of items claimed to include, inter alia, proofs of payment, receipt/release, copy of judgment/award where applicable, and any other relevant information that will enable the claims team to corroborate the amount claimed against liabilities settled by the Insured)
Proofs of payment: (EnergyRe require full and proper proof of payment by the Insured before processing any claim for reimbursement. An example of acceptable proof of payment would be copy wire transfer or SWIFT confirmation from the Insured's bank. An executed receipt and release alone without sufficient proof of payment is NOT adequate)
Banking details: The covering letter should identify the bank account into which the Insured requests payment to be effected.
Rate of exchange: Where a claim is presented other than in US Dollars then the rate of exchange prevailing on the value date of settlement by the Insured will be applied by Eagle Ocean Marine.
These are guidelines only. In the majority of cases Eagle Ocean Marine will be involved at the earliest stages of any matter potentially giving rise to a liability under the insurance and will give guidance to the Insured as to what is required to facilitate prompt settlement of claims.

Defance Claims: Guide A

It is to be noted that in all cases coverage under the EnergyRe Defence cover is discretionary. EnergyRe, through the claims team in London will in each case consider the merits of claims presented where the Insured requires indemnity for legal costs and expenses in pursuing or defending claims in respect of contractual disputes as identified under the insurance.
The factors that will be considered by the claims team where deciding to what extent, if any, cover will extended in respect of any dispute can be summarised as follows:
The applicable law and jurisdiction:
The value of the claim or sum in issue or the commercial significance of the dispute:
Level of legal costs and expenses likely to be incurred:
The legal merit of the Insured's position:
Any alternative means available to the Insured for dispute resolution: (i.e. mediation)
The prospect of successfully enforcing any judgment or award by or against the Insured:
The conduct of the Insured:
The importance of any legal issue arising that may be of general importance to the shipping community generally.
It is incumbent on the Insured to take the advice of the claims team prior to appointing lawyers and other advisors. Failure to do so might prejudice cover.
All potential Defence matters must be notified to the claims team in London.
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