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Willis Marine Market Review November 2009
Willis Marine Market Review November 2009
review
riding the waves
november 2009
Willis Airline Insurance Insight August 2009 Willis Marine Review November 2009 1
foreword
This time last year Lehman Brothers had just collapsed, AIG had
been rescued, and the banking crisis was in full swing, but had yet
to seriously impact on the marine industries.
At Willis we have ridden these waves before and are well prepared for
the challenging negotiations ahead. Meanwhile, my colleagues and I
are pleased to offer you this latest Willis Marine Market Review.
Alistair Rivers
November 2009
Willis2 Airline
WillisInsurance InsightNovember
Marine Review August 2009
2009
Marine Market
The marine insurance market is inevitably linked to the The exception has been the P&I market where the mutual
fortunes of its clients and there are few, if any, who have clubs managed to achieve a second year of rate increases
not suffered due to the dramatic economic downturn in following underwriting losses.
the last year.
In early 2009 it was anticipated by many that the marine
Prior to the financial crash last autumn, shipping had market would shift and that the economic crisis would mark
enjoyed a super boom for several years. However, the the end of the soft market. These attempts to talk up prices
onslaught of the global recession significantly reduced failed because of the simple economics of supply
international trade. The sudden slowdown and drop in and demand.
demand meant the shipping industry suffered massive
At the time of writing, although demand for marine
losses. Many ship-owners facing losses also had new
insurance has contracted the remaining over-supply in the
buildings on order. In fact, there was a record order book
market means that no dramatic price rises are imminent.
equivalent to over 50% of the existing world fleet. The
This is just as well as the shipping industry is still suffering
combination of these factors has led to cancelled or
and struggling to cut costs.
deferred orders, lay-ups of the existing fleet, and other
cost cutting measures.
Willis Airline Insurance Insight August 2009 Willis Marine Review November 2009 3
hull and MaChinery
It has been a fairly mixed year for the hull market. Initially, the
London market adopted a tough approach with renewal increases
being demanded by insurers on all lines of business. As the year
progressed, the firmer trend faltered due to the surplus capacity in the
market and the threat of competition both internationally and from
other London underwriters.
A further complication has been the effect of the slump in world trade
on vessel values and earnings. During the boom years ship values
increased and although some additional premium was generated,
technical rating levels generally fell.
As we write, ships have been laid up to an extent not seen since the
1970s and understandably owners expect to enjoy reduced insurance
premiums in respect of a vessel no longer trading. Unfortunately for
many there is little scope for return of premium as technical rates are
already less than the level underwriters require for laid up tonnage.
We anticipate that the increase in the laid up fleet may also see a spate
of outstanding claims being presented by ship operators who may
previously have preferred to defer them in the boom market.
Of all the international markets, the USA seems the least enthusiastic
about international blue water business. The American Hull Syndicate
continues to review their strategy. Navigators have shown an interest
in being the lead on some business but only when it fits in with their
independent underwriting philosophy. Other insurers, notably
AIG and CV Starr have been prepared to consider shares, following
markets such as London.
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Marine Review August 2009
2009
The Scandinavian market has experienced major changes Perhaps the most interesting development in the
this year, losing both Bluewater and Nemi. The Norwegian international market has been Amlin group’s acquisition
Hull Club has had a firm approach to renewals and of Fortis Corporate Insurance. Fortis have grown their
consequently they have lost business. Although Gard international book substantially in recent years but have
have also adopted this approach, they have proved more remained focused on specific classes such as shipbuilding,
flexible, especially when offered the position of claims general marine construction and tug and barge type
leader. Swedish Club have analysed their existing business business. Fortis have built a formidable position in some of
and undergone a process of rationalisation in an attempt these specialised sectors. Thus, it will be interesting to see
to improve their financial results. Gerling continue how Amlin Corporate Insurance, as they are to be known,
to accept and write business that fits their individual intend to build on this.
underwriting approach.
The Singapore market, which serves many Asian ship-
Surprisingly, following the recent demise of Bluewater and owners, has continued to grow and remains competitive.
Nemi, it appears new capacity is emerging in Scandinavia. Some underwriters however have now rapidly expanded
WR Berkley is opening a new marine operation, taking on and more moderate rates may result. Asia is still seen
many of the personnel from Nemi. Additionally, Amlin have by insurers as an area of opportunity. To this end,
begun to provide some underwriting capacity to Vega, who underwriters’ operations continue to be bolstered by
had previously failed to attract sufficient capital to start additional personnel: Richard Young is the most recent,
underwriting themselves. he has moved from Atrium’s Lloyd’s syndicate to their
Singapore office.
The rest of Northern Europe has remained relatively stable.
AXA are capable of writing significant shares of business Also worthy of mention is Marine Shipping Mutual (MSMI),
when they so choose. They maintain tight control of their one of the few truly ‘mutual’ providers of hull insurance,
operations however, with all business referred to their they too have had to take tough decisions on rating levels.
head office in Paris for prior approval. Other significant Previously, they provided a very stable alternative to the
European players are Generali, Groupama and Allianz. more traditional markets. Thus, MSMI developed a loyal
All of these underwriters can provide substantial capacity following but as a mono line insurer it will be a challenge
through their multi-centred underwriting operations. for them to maintain adequate premium levels in the face
of global competition. Lastly, we should mention British
In contrast, some hull markets, such as Italy, tend to focus
Marine, who are no longer a mutual, but continue to provide
primarily on the local business that they were formed
a valuable alternative for smaller vessel owners
to serve. Italy, however, has long held ambitions to grow
and operators.
internationally, especially as their domestic business
is declining. Overall, it seems that despite a firm stand from some
underwriters, for those with a good record, rates have only
marginally increased. Unless there is a significant reduction
in capacity, we expect this to continue in 2010.
Willis Airline Insurance Insight August 2009 Willis Marine Review November 2009 5
proteCtion and indeMnity (p&i)
softer in their renewal The unexpected feature of this underwriting result was
the extent to which the incurred claims result improved.
negotiations." The combination of an overall reduction in paid claims
Renewal discussions tended to be much more (-5%) with several Clubs appearing to have reduced their
confrontational than usual and often agreements were estimated outstanding claims materially, led to nearly an
not reached until the last moment. The combination of -11% reduction in incurred claims across the market.
these factors led to the widest range of results seen for a
Even including the unbudgeted calls, the underwriting
decade. Across the market, we estimated that the average
surplus only partially offset the huge investments losses;
actual increase achieved was close to 11% on mutual
consequently the final 2008/09 result showed an overall
P&I. However, the range of actual increases applied to
market deficit of just over USD 230 million.
individual accounts was extensive.
The great irony of the results is that because the
Considering the background and tone of the renewal,
weaker Clubs were forced to balance their individual
there was less movement between Clubs than might
results with unbudgeted calls, the market deficit is
have been expected. Despite anger and annoyance at the
shared only by the stronger Clubs. The stronger Clubs
unbudgeted calls, ship-operators largely resisted moving
therefore became slightly financially weaker over the
Clubs. There were a number of individual reasons for
last reporting period, while the historically weaker Clubs
this, but two relatively common themes behind ship
were largely unchanged.
owners’ rationale became apparent. The first was the
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Marine Review August 2009
2009
Current year and early expeCtations
for february 2010
At the time of writing, we are just over half way through Thus, assuming no dramatic change in the claims trend,
the 2009/10 policy year. At this mid point, the majority we would expect general increases announced at renewal
of Clubs are reporting that claims levels are progressing 2010 to be substantially lower than we have seen in the last
positively. However, even if the current claims trend two years. 2010 may well represent the turning point from
continues throughout the autumn and leading to renewal a hard to a softer market, but we would expect most Clubs
2010, we expect two main messages from the Clubs. to publish general increases in the range of +5% to +10%.
Firstly, the claims performance of a single year, in a
A full analysis of the market will follow in our P&I Review
recession, will not be a clear indicator for the future when
2009 to be published later this autumn.
the shipping market begins to recover. Secondly, Clubs will
be anxious to rebuild reserves following the investment
losses of 2008/09. As touched on above, this second
argument will only really have any validity for Clubs that
did not charge unbudgeted calls.
IG MARKET IG MARKET
2008/09 Overall Surplus/Deficit - 2008/2009 Overall Surplus/Deficit -
Individual Clubs Excluding Unbudgeted Calls
(Including investment income) (Including Investment Income)
35 40
40
19
20 20
7
2 3 2 3 3
0 0
-6 -6
-20 -20 -16
USD (millions)
USD (millions)
-28 -28
-40 -35 -40 -35
-42
-50
-60 -50 -60
-59 -59
-80 -80
-59 -82
-100 -100
-120 -120
-122 -122 -122
-140 -140
-160 -150
-160
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IG MARKET IG MARKET
Percentage Underwriting Surplus/Deficit Percentage Underwriting Surplus/Deficit
(2008/09 year) (2008/09 year) Excluding Unbudgeted Calls
Incurred Technical surplus (or deficit)/Premium
40.00%
25.00%
20.00%
35.00%
15.00%
30.00%
10.00%
25.00% 5.00%
-5.00% -30.00%
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Willis Airline Insurance Insight August 2009 Willis Marine Review November 2009 7
Marine shoreside
Willis8 Airline
WillisInsurance Insight November
Marine Review August 2009
2009
"Another factor pushing up premiums was the alleged
lack of capacity in the non-marine market. This led
to an increase in premiums for Property and Business
Interruption risks in the first half of this year. "
Third Party Liabilities Another factor pushing up premiums was the alleged lack of
Rates remain relatively stable for the primary exposures, capacity in the non-marine market. This led to an increase
which range from simple care, custody and control of cargo to in premiums for Property and Business Interruption risks in
complex ship repairs. In recent years there has been an influx the first half of this year. It seems that the perception of the
of capacity into the market which has meant that premiums market’s capacity was not the reality. In other words, there was
have remained relatively stable and underwriters have been more capacity available than originally thought. Earlier this
able to grant small reductions to those with good records. This year, insurers took a hard-line on rates but in the latter half
trend is unlikely to change in 2009 and may well continue of the year their approach has slightly relaxed.
through the first half of 2010.
Personnel
Excess Third Party Liabilities Within the London market there have been some recent
In contrast, rates have hardened for the higher Excess/ moves: the Marine Liability underwriter at Catlin moved to
Umbrella market. Few capacity risks, requiring limits of up Ascot and the underwriter at Allianz left to join an underwriter
to USD 500 million or more, are renewing at expiring terms. who has moved back to the UK from Singapore and is likely to
This shift was obvious in the first quarter of 2009, although it focus on Ports and Terminals.
has softened in recent months. Clearly underwriters no longer
We have also seen the departure of the whole underwriting
wish to offer massive limits of liability at minimal premiums.
team from ITMU who are moving to the Kiln Syndicate
Property/ in Lloyd’s. As a result of this departure ITMU closed its
Business Interruption Coverage doors for new business on August 31. They will continue to
These risks are separated into two distinct groups: risks in service accounts they currently write until natural expiry.
areas that suffer catastrophic perils such as Quake, Wind
and Flood and risks in areas that do not. Those that do not Conclusion
suffer such perils are termed Non Catastrophic areas. Non Marine Liabilities is a specialized area within marine.
Catastrophic areas have enjoyed a flat market with stable On some risks such as Ports and Terminals, non-marine
premiums. There is still a relatively high level of capacity underwriters will compete for the business. If not handled by
in the market which means that despite the carriers’ loss of a specialist broker, this can often lead to gaps in cover such as
investment income, rates have not hardened. Vessel Impact and Blockage of Channels etc. Unfortunately,
such gaps are often only discovered at the time of a claim.
The opposite is true of areas that are prone to Catastrophic
Perils. Ports, Shipyards and Terminals are, by their very In summary, the market attempted to increase premiums in
nature, on the waters edge and first to suffer in a catastrophe the first half of 2009, particularly for high level capacity and
in areas such as the US Gulf Coast. The capacity for such risks Catastrophe prone property coverage. Now, it seems such
has certainly diminished this year. A number of London based increases have stabilized. Although there is a chance that 2010
insurers have already committed their capacity and are no may bring further increases, the market is currently stable.
longer able to provide any additional cover.
Willis Airline Insurance Insight August 2009 Willis Marine Review November 2009 9
Cargo
buyer beware
It should be noted however that such a competitive environment can
create its own problems. The pursuit of low priced deals can lead to a
compromise on the quality of security, not only financially but also in
terms of service and approach to claims.
Market confidence has been boosted by the lack of any single major
catastrophe in recent years. However, the last 12 months has seen
a noticeable increase in the number of reported losses, not an
unexpected development in a recession.
193.6726
182.3380
Index Number
171.0034
159.6688
148.3342
136.9996
125.6650
114.3304
102.9958
91.6612
Nov-08
Jul-09
Jun-09
Jan-09
Apr-09
Aug-08
Mar-09
Oct-08
Dec-08
Sep-08
Feb-09
May-09
Willis10Airline
Willis
Insurance
Marine Insight
Review August 2009
November 2009
Commodities Cargo Clauses
In January 2009 new Institute Cargo Clauses were
Oil
released, although the 1982 clauses are still available
There has been a significant drop in trading activity which
and in widespread use. The only clauses revised to date
has led to lower premiums and difficult renewals. In 2008
are the general cargo clauses, (ICC(A),(B), (C)) and
oil peaked at an unprecedented USD 147 and a few months
relevant War and Strikes Clauses. Specialist Clauses
later hit a low of USD 38. The price is likely to remain
(Frozen Food, Frozen Meat, etc.) are to be reviewed over
around USD 60 to USD 80 for the foreseeable future,
the coming months.
resulting in lower shipment and storage values.
There have been many improvements to the clauses
Metals
enhancing cover, updating outmoded phraseology and
The metals market has also suffered a downturn but
correcting anomalies. None of these changes should be
it has not been as volatile as oil. For some metals, tin,
detrimental to the assured. Full details of the changes are
lead and nickel, the prices have actually been higher
available on request.
in 2009. Overall premium levels have been relatively
stable because although shipments and sales are down,
Rotterdam Rules
companies are increasingly storing metals as they wait for
This UN Convention was signed in Rotterdam on
an upturn.
September 23, 2009. It will not take immediate effect.
Soft Commodities Once 20 countries have ratified the convention it will
Certain major crops such as grain and coffee have officially come into force.
dropped in price, whereas cocoa and sugar have seen
The essence of the Rotterdam rules is to provide a
their price increase in the last 12 months. The price of soft
consistent door to door liability standard, in contrast to
commodities is determined not only by demand, but also
the current variety of contractual terms. The scope of this
weather conditions and the resulting crop.
convention is wider and will therefore include operators
The placing and pricing of cargo insurance for such as stevedores and road carriers. It is not clear how it
commodities is largely unaffected by the economic will work with other international conventions (CMR).
downturn. The cargo market is specialized due to the
The underlying financial liability is higher than Hague
varied nature of the products covered and also because
Visby at 875 SDR per package or 3 SDR per kilo as
claims tend to be frequent and often protracted.
compared to 666.67 SDR per package and 2 SDR per kilo.
The automotive sector has been the exception with a The most important single element of this convention is
large hail loss in the United Arab Emirates. The claim is contained within article 80 “volume contracts” which will
currently estimated to be in excess of USD 70m; the risk allow freedom to contract on a more restricted basis of
was largely reinsured in the London Market. There have liability. The implication of article 80 is expected to
been further million dollar losses in France, Germany and be profound.
Holland due to windstorm and hail.
It is anticipated that when the new convention is
enforced there will be a considerable impact on shippers,
forwarders, NVOCCs, terminal operators, stevedores,
and carriers.
Willis Airline Insurance Insight August 2009 Willis Marine Review November 2009 11
CARGO — THE MARKETPLACE
Willis12Airline
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Marine Insight
Review August 2009
November 2009
letter froM singapore
In Asia there seems to be a growing divide I truly believe this is a natural process a
between owners who are confidently ‘gearing maturing market must face…underwriters
up’ for the future and those who are simply who commit resources and capacity over the
struggling to tread water. Media reports long term to the region will benefit hugely as
of new venture capital here are equally the Asian markets recover.”
matched by ones of asset seizures - and
This faith in the Asian market is also held by
certainly several high profile operations
many other underwriters. As a result, more
unable to fulfill their financial obligations
underwriters are entering the market and
have been caught short. However, several
increasing the market capacity, such as
new Asian bulker operations have been
Atrium entering Lloyd’s Singapore with
set up and there has been considerable
Richard Young. Following the resignation
sale and purchase activity in the smaller
of Richard Yeo from the Argenta managed
containerized sector over the summer
syndicate AMS 1965, Paul Hunt was
months. Specialist ‘Lay Up Managers’ have
installed as Active Underwriter. Also,
emerged and the old insurance ITC Port Risk
Argenta 2121 set up their own syndicate
Clauses have been dusted off for those who
with Scott Sykes moving from London as
are either cost cutting or taking advantage
Head of Underwriting. Other moves to note
of the current low vessel values ahead of the
include the departure of Mark Trevitt from
future upswing.
Travellers; Said Khan moved from Watkins
The mid summer rally in the dry markets to Amlin, to be joined by Colin Robinson who
had looked promising but lay up locations in moved from broking to Amlin to become the
South East Asia are still in high demand. The new cargo Underwriter. Nick Sansom returns
southern Singapore coastline is inundated to P&I underwriting, replacing Robert
with record tonnage of all types awaiting Drummond at the Standard Club, who moves
charter. Such laid up vessels mean one thing back to London.
to insurance underwriters: less premium.
Of the top ten insurers in Singapore (by
Low vessel values continue to do nothing to
Gross premium written) there are four who
rally investment income and although there
major in marine: ACR, First Capital, AXA and
is much talk of increased claims the annual
now Lloyd’s Asia. First Capital are by far the
IUMI rally for substantial premium is likely
largest hull underwriters and AXA by far the
to go unfulfilled again. The results of this are
largest cargo underwriters. It is difficult to
obvious to all, but continued competition
judge the overall market facultative capacity,
and capacity in the insurance markets means
especially given that some underwriters
brokers continue to achieve preferential
are now far more cautious with line sizes.
terms despite some owners’ poor results.
However, capacity is such that it would now
Mathew Cannock of Catlin, and Chairman be possible to place a USD 80,000,000 hull
of the newly formed Lloyd’s Asia Marine and a USD 400,000,000 cargo risk in the
Committee, suggests that Lloyd’s Syndicates Asian market.
here have become more realistic about their
Willis Marine has strengthened its teams in
written premium expectations over the
both Singapore and Hong Kong: Ian Pettican
past twelve months. In 2009 there has been
(ex Allianz) and Cheryl Tan (ex Marsh) have
a notable reduction in the number of new
joined the Cargo team. Darren Rowland
start ups. Despite this, Catlin are further
moved from London to Hong Kong.
increasing their hull operation in Singapore
with another underwriter joining shortly. In such a challenging market it is difficult to
Many of the syndicates prefer writing Cargo provide an interim forecast: underwriters
business. As a result, the Asian market has say they need more money and owners,
seen some competitive decision making but looking for support in troubled times, simply
this year the larger cargo programmes have don’t have it. Hull leaders are likely to quote
been rated as competitively, if not cheaper, single digit rises for owners with marginal
in London. results but will demand substantially more
from those with poor records. Cargo is
Market leader Mike Davis, CEO of AXA
more flexible: the largest reduction in the
Corporate Solutions in Asia now runs three
cargo market this summer was 30% on
marine hub offices in Asia. He says, “It is true
good figures. So, a good broker is essential
that increased competition in the region
in order to take advantage of the available
has negatively affected the profitability of
underwriting capacity in Asia.
the (cargo) segment to the extent that some
of the newer and or more opportunistic
operations are reviewing their strategy,
Willis Airline Insurance Insight August 2009 Willis Marine Review November 2009 13
piraCy
In the last 12 months there has been a well publicised surge in the
number of pirate attacks in the Gulf of Aden. In 2009 alone, there
have been over 130 reported pirate attacks off the coast of Somalia
and 28 ships have been seized. Although there was a lull due to
bad weather, since the southwest monsoon ended there has been a
resurgence in the number of pirate attacks. Furthermore, as many
vessels have recently been ransomed and released, it would seem
likely that the pirates will attempt more attacks to replace these
vessels.
Piracy is not confined to the Gulf of Aden. There has been an increase
in reports of pirate attacks in Brazil, Nigeria, Malacca Straits,
Thailand, Vietnam and the South China Sea. Notably, the number
of reported attacks is far less than the number of actual attempted
attacks. Some commentators believe that the success of the Somali
pirates has inspired criminal elements globally; while others argue
that piracy is very much a local problem, driven by local issues, the
most significant of which is poverty.
Nigeria is another African piracy hotspot. In the Niger Delta attacks
are often led by the group MEND (Movement for the Emancipation of
the Niger Delta). The groups are very well armed and well-connected:
it is suspected that they have contacts within the oil and shipping
industry. Yet the situation in Nigeria is more stable because there is a
semi-functioning state. The Nigerian navy work together with private
security to protect vessels. Although the types of attacks in Nigeria
are very different from Somalia, they are still a form of piracy and are
further evidence of this global phenomenon.
Piracy is constantly evolving. Somali pirates have now adapted
to the safety measures taken by ship-owners, the introduction of
the Internationally Recommended Transit Corridor (IRTC), and
the fact that the crew are often worth more than the cargo. Also,
modern pirates have taken advantage of modern technology. Pirates
communicate with radios and mobile phones, they use modern
weapons, and they can even use the internet to evaluate the worth of
their ‘booty’.
Since the adoption of the IRTC pirates have attacked vessels further
out at sea, over 800 nautical miles off the coast of Somalia and East
Africa, as well as in the Red Sea, the Straits of Bab El Mandeb and off
Oman. In fact in the East Somali Coast/Indian Ocean region, data
from Maritime & Underwater Security Consultants (MUSC) shows
that 75 attacks have occurred in 2009 – a 625% increase from the 12
reported attacks in 2008. By attacking in a variety of locations and at
extreme ranges, pirates avoid the Combined Maritime Forces (CMF).
Also, at these distances the Masters of the vessels are lulled into a false
sense of security and reduced alertness and readiness.
Most attacks occur in the early morning or evening. Small fast boats
(skiffs) approach a vessel and then attempt to board the ship with
ladders, grappling irons or poles. The pirates are armed with assault
rifles (AK47s) and rocket propelled grenades. Skiffs are capable of
speeds of between 20 and 40 knots. When not being used the skiffs
are often towed behind mother ships. Often the mother ships look like
fishing vessels and the pirates use designated fishing areas as cover.
Thus, it is often difficult to tell the difference between fishermen and
pirates. Alternatively, the skiffs can be launched from the beach.
Willis14Airline
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Marine Insight
Review August 2009
November 2009
“Piracy is not confined to the Gulf of Aden. There
has been an increase in reports of pirate attacks in
Brazil, Nigeria, Malacca Straits, Thailand, Vietnam
and the South China Sea. Notably, the number of
reported attacks is far less than the number of
actual attempted attacks. Some commentators
believe that the success of the Somali pirates has
inspired criminal elements globally; while others
argue that piracy is very much a local problem,
driven by local issues, the most significant of which
is poverty."
Most attacks occur in the early morning or evening. Small Some have argued that such anti-piracy training should be
fast boats (skiffs) approach a vessel and then attempt to considered standard for the crew prior to a Gulf of Aden
board the ship with ladders, grappling irons or poles. The transit, so that the vessel be considered ‘seaworthy’. In
pirates are armed with assault rifles (AK47s) and rocket The Marine Insurance Act (1906), Section 39 provides the
propelled grenades. Skiffs are capable of speeds of between following definition: “A ship is deemed to be seaworthy
20 and 40 knots. When not being used the skiffs are often when she is reasonably fit in all respects to encounter the
towed behind mother ships. Often the mother ships ordinary perils of the seas of the adventure insured.” Thus,
look like fishing vessels and the pirates use designated it could be claimed that anti-piracy training is required for
fishing areas as cover. Thus, it is often difficult to tell the the vessel and crew so that they are ‘deemed fit’ to meet
difference between fishermen and pirates. Alternatively, the perils of the Gulf of Aden. Such training motivates the
the skiffs can be launched from the beach. master and crew and has proved to be the best defence
against pirates. Training and drills, as highlighted in the
The pirates have been most successful against vessels
“Best Management Practices to Deter Piracy in the Gulf
that are travelling at a slow speed and have a low
of Aden and off the Coast of Somalia Feb 09” mean that
freeboard. Other factors that make crews and vessels
the crew are ready to respond. As highlighted earlier, such
vulnerable are where there has been inadequate planning
responses mean that the pirates often withdraw their
and procedures; where the vessel is in a visibly low state
attack in search of an easier target.
of alert and where a slow response by the ship is evident.
In situations where the crew have responded rapidly and Simple physical measures can also deter pirates. Options
have prevented the pirates from boarding, the pirates include: water cannons, barbed wire, and greasing or
have often given up quickly, and attempted to find an electrifying handrails. The crew can be provided with
easier target. equipment such as Kevlar jackets and simple detection
equipment. Minor adjustments can help dramatically.
Since the NATO and EU counter-piracy missions were
For example, most attacks are from aft, yet this is where
launched in the Gulf of Aden, there have been several
radars often have a ‘blind spot’. Such vessel hardening
foiled pirate attacks thanks to the presence of the navies.
is not excessively expensive and can prove to be a very
If the navies arrive in time, then the mere presence of a
economical investment, especially when the worst case
helicopter can deter the pirates, but there is not always a
scenario is considered.
navy vessel close enough to respond.
Another measure that many ship-owners have considered
The area off the coast of Somalia and Kenya combined with
is armed guards on board. However, most Underwriters
the waters of the Gulf of Aden equals more than 1.1 million
warn against using armed guards and it may in fact
square miles. Thus, a navy vessel will not always arrive in
prejudice ship-owners’ insurance cover. There is a risk
time and once the pirates have seized a vessel there is no
that armed guards will fire upon innocent fishermen.
easy way to regain it. In such situations, the crew of the
Apart from the unnecessary loss of life, this would cause
vessel are the first line of defence.
complications for the ship-owners and raise serious legal
There are multiple examples where the crews’ actions issues. Moreover, there is also a risk that by using arms, the
have foiled an attack. In May 2009 the DUBAI PRINCESS level of violence will escalate and the pirates will use ever
managed to hold off pirates with water cannons until the more potent weapons. There are also several legal issues
nearest navy vessel arrived. Such incidents demonstrate with carrying arms on board: Flag State and Port State
that with basic preparation and training it is possible to restrictions and licensing requirements.
significantly reduce the chance of a successful attack.
Willis Airline Insurance Insight August 2009 Willis Marine Review November 2009 15
Once a vessel is taken, there are various costs incurred, case illustrated above, Hangzhou is disputing its
among them: consultant fees, transport of ransom, lawyers share of the total costs. Even when there is cover, there
and counselling for the crew. Obviously, the ransom is the have been cases where there is a significant delay and it
most publicised cost. Recently, negotiations with pirates has taken longer than a year for underwriters to reimburse
have been drawn out for longer. In the example of the the insured.
HANSA STAVANGER, the pirates held the vessel for four
In order to avoid such conflicts and ensure cover, many
months and changed their negotiator several times, often
ship-owners have chosen to take out specific coverage for
reneging on agreements and increasing their demands
the risk. This additional cover not only brings peace of
Ransoms have tended to range from USD 500,000 to USD mind but also ensures that there are no gaps in cover.
2 million. However, with high profile vessels such as the
Willis has worked with Special Contingency Risks Limited
SIRIUS STAR, the pirates have demanded more. Reports
(SCR) and Maritime & Underwater Security Consultants
suggest that USD 3 million was paid for this Saudi oil
(MUSC) to provide a product called Vessel Shield™. This
tanker in 2008.
product not only covers ship-owners for the ransom
Another cost that should be considered is the Loss of Hire payment and all additional related costs, but it also seeks
or Earnings. A normal Loss of Hire insurance policy only to mitigate the physical security risk as well, putting in
covers a Loss of Hire due to physical damage. Therefore, place wide-ranging measures to train the crew, protect the
piracy is unlikely to be covered. vessel and plot the safest possible route through areas of
pirate activity.
Most costs are usually covered under a ship-owners’
Hull and Machinery, War, or Protection and Indemnity Although Vessel Shield™ counters many of the problems
policy. Previously ship-owners have recovered money as that ship-owners and their vessels face due to the threat
a ‘General Average’ expense from cargo, though the case of piracy, it does not solve the problem of piracy itself.
of the MALASPINA CASTLE has now challenged this Piracy in the Gulf of Aden is inextricably linked to the
assumption. In this recent case, the Hangzhou problems of Somalia. The failed history of the US and UN
Cogeneration Import and Export Co, China had engaged peacekeeping missions in Somalia and the lack of political
Navalmar’s vessel MALASPINA CASTLE to ship a cargo will means there is no impetus for intervention.
of iron ore to China. The vessel was hijacked by Somali
Nor is there any urgency for action: as the pirates in the
pirates while en route to China and was released after
region are proving to be commercial opportunists and are
payment of a USD 1.8 million ransom. The ship-owner
predominantly peaceful. However, in September 2009 off
faces an additional cost of USD 2 million for negotiating,
the Somali coast, there was an incident where the captain
delivering and insuring the ransom in transit as well as
was shot dead because he refused to change his course. It
potential claims from the vessel’s crew.
is likely that this will remain an isolated incident and that
Ship-owners generally pay the ransom and additional pirates will refrain from violence because they are well
costs upfront and then seek pro rata reimbursement from aware that executing hostages makes payment of ransom
all parties involved under the law of General Average. far more difficult to secure. Therefore, the saga of piracy
This principle equitably apportions costs resulting from and the instability in Somalia is likely to continue.
voluntary losses incurred to save a vessel in distress. In the
Willis16Airline
Willis
Insurance
Marine Insight
Review August 2009
November 2009
contributors
Editorial Committee
Richard Close-Smith
Catherine Cartwright
Katherine Parsons
Contributors
Alistair Rivers
Andy Bugler
Ben Abraham
Katherine Parsons
Lewis Hart
Neil Macnaughtan
Nigel Brunning
Paul Harcombe
Richard Close-Smith
Trevor McGarry
Aidan Meldrum
7853/11/09