#CaseSTUDY

From a claims handling standpoint, securing a favorable outcome for the cargo owners or the owners of the damaged structures requires quick and coordinated actionbetween insureds,(re)insurers, and claims adjusters.

There can be many factors contributing to a harmful event, making the claims handler’s involvement crucial, as their actions in the present can greatly impact the future claim outcome.

An example of effective claims handlingcan be seen in the followingcase study.

Type of client & cargo

A 200 meters cargo ship lost its route becoming a risk for the crew, other ships and the cargo.

The incident

A ship carrying 30,000 MT of cereals was sailing in one of themajor waterways in Latin America, when it suddenly deviated from its course and ran aground on the banks of the canal. Salvage operations were immediately initiated, including the use of tugboats, divers, removal of the ship’s cargo, and dredging of the surroundingarea.

Claims handling and final outcome

After participating in the investigation conducted by the regulatory authority, and with the support of a specialist Captain, it was determined that the ship left the navigation channel without proper authorization, making the pilot’s liability in thegroundingclear.

Efforts to reach a mutually agreeable resolution with the pilotage company were unsuccessful, as they denied any responsibility, claiming the role of the pilot was limited. However, the various legal systems clearly place obligations on the Pilot, particularly with regards to providing guidance to the captain on navigatingroutes and maneuvers.

Therefore, legal action was taken against the Pilot, seeking compensation for the expenses incurred by the cargoowners for the salvage operations.

Following a response to the objections raised by the opposing party, negotiations were initiated and ultimately resulted in a successful recovery for the cargo interests.