On covid-19's influence and insurance and indemnity association's underwriting policy FAQs

In response to members' recent questions about the impact of covid-19 and the underwriting policy of the association, the West British P & I association has produced a FAQ to help and guide members. Please note that this is a dynamic list, which will be modified or added as the situation develops. If members have any other questions, please contact the association manager directly.

Q1. Is P & I covered when crew members get sick or die due to covid-19?

The association underwrites that the member's expenses and liabilities for the crew's illness or death caused by covid-19 during the period of employment will be handled like any other case of crew's illness or death, except. In view of the current outbreak of covid-19 in the world, members may experience delays and it is difficult to arrange the disembarkation treatment of crew infected with covid-19 or similar symptoms. Please contact the association manager or local representative for help.

Q2. When the ship needs to make a detour to disembark the crew who has been infected with covid-19, what expenses does P & I cover?

According to rule 2 section 5 of the West British protection and indemnity association, when the necessary deviation is for the crew to get proper treatment, no matter what kind of disease, members can claim the net cost from the association. Members are advised to contact the association's governing body for up-to-date information on restrictions, if any, and the existing port of refuge. As the epidemic situation changes, these information will change at any time, which will affect the crew to get off the ship for medical treatment.

Q3. When crew members get off the ship and get infected with covid-19 on their way home, does P & I cover it?

According to the crew contract, members are responsible for the health and safety of the crew on the way home from the ship. Therefore, the association will underwrite any claim for expenses and liabilities arising from the crew's illness. If the crew gets sick after they get home, the member may still be responsible according to the actual situation, which depends on the relevant jurisdiction and the actual circumstances of the case. When a member is considered responsible, the association assumes the corresponding responsibility.

Q4. If there is an outbreak of covid-19 on board, the ship needs to be quarantined. What expenses and fees will p & I cover?

According to rule 2 section 15 of the West British protection and indemnity association, any additional expenses incurred due to the outbreak of covid-19 on board the ship can be covered under this clause. Additional costs may include net and operating expenses during any quarantine period, deep cleaning of the vessel and other expenses, provided that these expenses are directly caused by the epidemic situation on the insured vessel.

Q5. What expenses and expenses are covered by P & I if the vessel is quarantined due to the nationality of the crew or the last port of call?

Such expenses and expenses are not covered under Rule 2 section 15 when there is no epidemic on board.

Q6. Does P & I cover the cost of crew isolation on shore, whether before or after embarkation?

These are operation / prevention costs. When the crew members from a certain country / region are isolated, it is not directly caused by the outbreak of the epidemic on board the joining ship, but most likely caused by the government travel restrictions of the relevant country of origin or destination.

Q7. Due to the influence of covid-19, when the crew contract expires, they can't change shifts, and many crew contracts need to be extended. Can the extra salary be covered?

P & I does not underwrite compensation for extra wages unless the crew is not allowed to disembark due to an outbreak of disease on board. When crew members extend their service contracts due to travel restrictions, the association will not cover such costs.

Q8. If there are "overlapping" crew members on board, because the crew members are unable to return home due to various travel restrictions caused by the epidemic situation after the end of the contract, will the "overlapping" wages be covered?

Like Q7 above, P & I does not cover the extra wages incurred by the crew who have been on board and the crew who have been replaced due to their inability to leave the ship, unless the crew can not get off the ship due to the outbreak of an epidemic on the ship.

Q9. If a port is closed or temporarily closed due to quarantine order, is the carrier responsible for the cargo claim caused by delay?

Article IV (H) of the Visby Rules of the Hague states that the "Quarantine" restriction is an excepted danger. The carrier shall not be liable for any claim for loss / damage of the goods and shall defend against it. If the port is delayed due to slow operation and congestion caused by quarantine order, the carrier may invoke Article IV (H) again.

Q10. According to the exception of rule 2 section 16 (d), does P & I cover the cargo claims arising from the deviation to the substitute port? Is additional insurance required?

Due to the outbreak of covid-19 epidemic on shore at the port of destination, the ship can not unload at the port of destination and needs to make a detour to other ports. The members will consider that this is a reasonable detour, especially for perishable goods, and is beneficial to the protection of Article IV (H) of the Hague Visby Rules. The association can not exclude claims for any goods. However, if the vessel intends to make a detour, members should check with the association's manager for further advice on the matter and the interaction between their obligations under the bill of lading and any applicable charter party.

Q11. How will covid-19 affect members' legal obligations under the contract of carriage and charter party?

The association has compiled a comprehensive guide for its members on possible problems. You can click on the following links:

https://www.westpandi.com/publications/news/coronavirus-guide-for-members/

For more information, please refer to:

https://www.westpandi.com/news-and-insights/coronavirus-outbreak/