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Carrier's Liability Insurance
Chartering a ship involves risks that can result in heavy responsibilities and significant financial losses.
The risks covered by the charterer's liability insurance
- The damages to the chartered ship
- Pollution
- Damage to the transported goods
- The damages caused to third parties
The charterer must choose a port and a berth that do not present any danger to the vessel, in order to proceed with loading or unloading operations safely. In the event that the charterer has not chosen a safe berth or a safe port and this has caused damage to the chartered vessel, the charterer is responsible for these damages.
When the charterer is also the owner of the goods being transported, they are responsible for the damages caused by the goods to the chartered ship.
- degradation of tanks
- Pump degradation...
Some jurisdictions make the charterer liable for the consequences of pollution caused by the chartered vessel. For example, the United States with The Oil Pollution Act of 1990 Consider that any operator of the ship can be considered responsible for pollution.
Consider that any operator of the ship can be considered responsible for pollution.
Some states also believe that the owner of the cargo may be responsible for the pollution caused by this merchandise.
Consider that any operator of the ship can be considered responsible for pollution.
The shipper may be responsible towards the owner of the goods transported in the event that the goods are damaged or lost during their transport. When such a claim is made not against the shipper but against the carrier, the carrier is also able to make a claim against the shipper.
The shipper's liability insurance can be completed in order to guarantee other risks, for example the delivery of the goods without presentation of the original bill of lading.
The shipper's liability towards third parties can arise for both contractual and legal reasons. The shipper may be held responsible for:
- bodily injuries caused to third parties
- damage to their property
Our clients
- Maritime shipowners
- Operators
- River shipowners/ Barge operators
- Fishing
- Trading of raw materials - goods transported
- Goods transported - Industry
- T&L (freight forwarders, carriers, logisticians)
- Yachting
- Shipyards
- Maritime experts
- Ship financing banks
Our sectors and other products
Why choose Howden?
The maritime law team at Howden assists you throughout the process of securing your risks:
- Transfer of these risks to the insurance market through P&I Clubs or specialized maritime insurers.
- Review of your charter contracts
- Management of your claims.
Contact
Jean-Baptiste De Malartic
Jean-Baptiste De Malartic
Director of Maritime and Transport Product Line and General Manager of Howden Marine France
Jean-Baptiste graduated from EDHEC Business School with an MSc in Strategy and Organization. After an initial experience at Gan Patrimoine (a subsidiary of Groupama) in personal insurance, he worked for four years in Italy for an insurance captive of the Crédit Agricole group to develop its activity and partnerships. Upon his return to France, he joined the underwriting department of AXA XL (formerly AXA CS) to lead development and innovation projects before integrating the marine cargo underwriting team in France, of which he became responsible in 2020.
Currently serving as Director of the Maritime and Transport Product Line and General Manager of Howden Marine France, Jean-Baptiste is responsible for developing Maritime and Transport solutions, which are one of the pillars of Howden in France. Howden Marine in France is built on the historical foundations of Guian, superbly developed with Seasecure under the direction of Jean Brossollet, with Jean-Baptiste succeeding him.