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This insurance, often referred to as "FD&D" or simply "Defense," provides members with cover for
claims handling assistance and for legal costs in relation to a wide range of disputes. Such disputes
are outside the scope of P&I or H&M insurance and arise from the building, buying, selling, owning
or operation of an entered vessel. For instance, FD&D insurance would cover, among other things,
the costs of pursuing or defending claims and disputes that may arise in respect of the following:
Charterparties
Contracts of Carriage
Bills of Lading
Contracts of Affreightment
Vessel building contracts
Vessel sale and purchase contracts
Vessel repair contracts
Vessel agency, stevedoring, towage and salvage contracts
Insurance broking, ship broking and management service contracts
Bunker and necessaries contracts
Crew contracts
Marine insurance contracts
This insurance covers the expense of obtaining legal advice and assistance, including the cost of
employing experts as may be necessary to pursue or defend such disputes. As such, it is sometimes
also called "Defense Costs" insurance. FD&D insurance does not, however, cover the principal sum
in dispute, such as unpaid hire under a charterparty or a claim that is being denied by a hull insurer.
Hull & Machinery insurance is fundamental protection of a vessel against damage. The vessel,
including her machinery and equipment, is insured to her full value and, depending on the chosen
cover, the following risks may be indemnified:
Total loss (actual or constructive) or expenses that might be incurred in repairing / replacing
damaged parts of hull, machinery and other equipment
Actual loss is a condition when; the ship is destroyed; ship owner can’t have their ship back
(irretrievable deprived); the ship declared missing (hasn’t back to the ship owner for 6
month).
Constructive loss is a condition when; ship owner can’t have their ship back (deprived) and
searching estimate price is more expensive than the ship worth; and the ship broke but the
repairing price is more expensive than the value of insurance.
Expenses paid for prevention, minimizing of damages or calculation of loss, in case such
expenses are caused by an insured peril
Vessel gone missing
General Average contribution
Salvage expenses
Apart from the risks above Hull & Machinery policy may also include additional cover, such as:
The most common marine insurance underwriter is P&I Club, based on England.
One of P&I Club product that common used is Fixed Premium P&I, it cover all things that related to
operational of the ship. Cargo Liability, Crew Liability, Collision Liability, and other claims
(Environmental Pollutions, cost of ship rescue, etc).
Ship arrest or ship detention is subject to International Convention of Ship Arrest, not all country has
ratified this Convention, including Indonesia.
Ship arrest or ship detention happen on some circumstances, such as:
The ship is used as insurance coverage, so all claim can be fulfilled;
Court order;
Account payable matter;
Ship arrest or ship detention registered on Letter of Undertaking (LOU). Letter of Undertaking is useful
as a guarantee for the ship owner.