EnglishFD&D
FD&D provides members with Insurance for legal fees and associated costs relating to claims, disputes and other matters of a shipping nature which are not already covered by P&I (Class 3) or any other form of insurance. FD&D is a separate class of Cover (Class 6) and has its own rules.
Although the cover is referred to as FD&D, it is not restricted only to claims for freight and demurrage, nor to defending claims brought against the Member. FD&D covers the costs incurred by the Member in pursuing, as well as defending, claims.
As FD&D disputes frequently relate to a ship’s earnings and can affect cash flow, FD&D insurance provides Members with significant support against risks arising in their day-to-day business operations.
SCOPE OF COVER
The types of claims and disputes covered under FD&D include:
- unpaid freight, hire and demurrage
- cancellation of charterparties
- detention, delay and loss of use of a ship
- loss of or damage to a ship
- recovery of general average contributions
- breach of a charterparty, bill of lading, COA or other contracts of carriage
- claims in respect of the supply of fuel, materials or equipment to a ship
- negligent repairs or conversion of a ship
- amounts due from or to other marine insurers
- claims in respect of salvage, towage or pilotage services
- newbuilding, sale and purchase and mortgage disputes
- disputes with port authorities, ship’s agents, customs authorities and terminal owners
- representation at official investigations, coroners’ inquests and other enquiries
DEDUCTIBLES
The Britannia Group covers two-thirds of all costs and expenses incurred in any FD&D dispute with the Member bearing only one-third.
This compares favourably with other FD&D insurers where the Member pays an initial contribution towards the costs and expenses and only then does the insurer begin to provide cover. In practice, most disputes are resolved by our in-house team without instructing external lawyers or incurring any costs at all.
CLAIMS HANDLING
The Britannia Group has a global team of experienced claims handlers dealing with FD&D disputes, most of whom are English lawyers or lawyers qualified in other jurisdictions.
The team brings together an exceptional wealth of expertise, providing appropriate and efficient legal support to Members, aimed at resolving disputes in a cost effective and commercial manner.
A crucial part of the service provided to Members is that the Britannia Group will, wherever possible, give advice and assistance aimed at resolving a dispute without immediately resorting to protracted and costly litigation. FD&D claims handlers are also happy to assist Members at any stage of their contractual negotiations and to deal with general enquiries of an FD&D nature. As the Britannia Group is not an authorised legal services provider, some matters will require the involvement of external lawyers, whose costs will be covered under FD&D as explained above. If external lawyers are instructed, their technical advice and proposed strategy, as well as their costs, will be carefully monitored by the relevant FD&D claims handler to ensure that the claim is handled in an efficient, realistic manner with the expenses being commensurate with the disputed amount.