For there to be a salvage claim there are some conditions that have to be met:
- There must be a recognized subject matter
- which is in real danger
- The salvage service must be voluntary and
- successful
Assuming that all the above were met in this case, the salvage of MV IDEE FIXE is now complete. She is safely portside in Douala. The vessel owner has notified cargo interest of a general average.
What does this mean for the local insurer?
The applicable law, The York Antwerp Rules provide that:
There is a general average act when, and only when, any extraordinary sacrifice or expenditure is intentionally and reasonably made or incurred for the common safety for the purpose of preserving from peril the property involved in a common maritime adventure.
If you are an insurer with interest in this vessel, you need to act quick to protect your interests. You will need to provide a guarantee and or bond for your clients’ cargo to be released by the vessel owner. Depending on your financial rating, your guarantee may be accepted or rejected. If it is rejected, you have to source a suitable guarantee from the London market. As is mostly the case, GA’s are expensive and longwinded. Depending on how long you take, you may also be looking at possible cargo damage claims including delays. Due to possible adjustments at the end of the process, this matter may remain open in your books for more than a financial year.
Fortunately, help is at hand!
As a Pan-African company with an office in Bonanjo within walking distance to the Douala port and also London (marine insurance capital), we are very uniquely placed to assist you navigate this somewhat challenging experience.
We can :
- Provide first instance advice on what to expect either at your offices or at our Bonanjo office in French and English
- Manage direct line negotiations with appointed adjuster
- Source GA guarantee through out triple A rating contact in the London market
- Ensure the timeuous release of your cargo
- Make attempts at reducing your contribution through defence and later, recoveries and
- Bring the matter to a quicker end.
Call our Cameroon office on (237) 2 43 68 49 49 or (237) 2 33 42 97 99 assistance. Alternatively, write to our local office using claims@stilfreshrecoveries.com or claims@stilfresh.co.za.
Happy to help!
StilFresh Management
