Charterer’s Liability
The “charterer’s liability insurance” is a type of marine insurance. Charterers and Traders in process of their daily activity face significant liabilities from a wide range of marine perils, both contractual and non-contractual. Charterers Liability insurance is a type of coverage which is mainly understood as very complex and probably one of the most overlooked risks. The shipping industry nowadays operates in a world where liability environment becomes more and more legislative.
In order to charter a vessel shipowners and charterers sign a contract which is named Charter Party. A charterer will have an obligation to indemnify a shipowner for third party liability arising out of the breach of Charter Party by charterer or out of issues, which are the charterer’s responsibility. Most vessels are chartered either on a time charter or a voyage charter basis.
Time charter means that vessel is “hired” for a period of time, when voyage charter is a contract for a single shipment. In both cases charterer assumes liabilities towards the shipowner because of damage caused to the ship in the course of cargo-handling or because of damage resulting from an unsafe port or berth. And also, charterer becomes liable similarly to shipowner, with P&I liability to cargo, pollution claims and etc. All charterers require cover for both damage to hull and other P&I liabilities.
Charterers’ Risk policy is normally subject to exact limits of liability, and is typically offered on a fixed-premium basis.
- Damage to Hull (DTH) covers charterers' liabilities for physical loss or damage to a vessel.
- Protection & Indemnity (P&I) cover is equivalent of the protection offered by a P&I Club to the Owner of the vessel and a Charterer will therefore have cover for his direct liabilities to third parties in respect of cargo, pollution, third parties, fines and other risks.
- Freigt Demurrage & Defence (FD&D) covers legal costs and expenses arising out of a variety of disputes in which a Charterer may be involved. This section provides assistance to Charterers for the cost of legal representation and expert advice in connections with claims, disputes and other issues of a shipping nature.
- Charterer’s War cover extends standard P&I cover to include war risks.
