INSURANCE, CLAIMS SURVEYS & COMPLEX CLAIMS

Damage to terminals and equipment is both a structural and an operational problem. Urgent attendance is often needed to survey the damage as quickly and effectively as possible, so that operations can resume and repairs can start without delay. Even so, major and minor damage alike often lead to long-running claims. Our clients, including terminal operators, TT Club, logistics operators and insurers, need to know the cause and extent of the damage, but even more to restart or keep operations running and avoid a break in the logistics chain.

In any casualty, a fast response by an experienced team is a priority. Control System Survey can attend immediately with our in-house team in Spain, Portugal and Italy. Our team includes master mariners, marine engineers, industrial engineers, forensic and fire investigators, consultants and experts with broad experience of all types of casualties, incidents and claims. In long-running cases we also work alongside our clients’ lawyers and advisors, at the client’s request.

Our long experience in the steel sector allows us to offer a complete service for steel cargo transport. Attending steel cargo operations every week, we regularly detect damage such as:

• Rust

• Chloride contamination

• Mechanical damage

• Stowage-related damage

• Moisture / humidity

• Packing deficiencies

Our senior surveyors, with more than 30 years of experience in steel cargoes, transport claims and steel quality claims, provide full support to our clients throughout the process.

Cargo contamination affects all parties, and it is essential to establish responsibilities and quantities and to mitigate damage. Investigating the incident is as important as acting quickly to limit loss of earnings and demurrage/delays. Contamination can come from different sources, such as water, other or previous cargoes, external agents or reactions in stowage. Different causes can lead to the same result: total or partial loss of value and/or rejection of the cargo. For liquid cargoes, before downgrading or declaring a total loss, our attendance provides a sound technical approach and advice. Our attendance includes:

• Investigating and identifying the source and type of contamination

• Mitigating delays and supporting effective ship/shore communication

• Assisting in the resolution and mitigation of cargo damage

Quantifying the damage after an incident is as important as determining its cause. Simple in principle, it becomes complex in practice when the assessment does not follow a set formula, which is why it requires an expert and, in some cases, external advisors. Our experience at Control System Survey comes from many years of work in shipping and road transport, and our daily work for insurers demands accurate damage assessment. In joint surveys, we represent our principal’s position professionally to protect their interests.

When appointed by an insurer to investigate a complex or contentious claim on its behalf, we bring our full technical and operational experience to establish the cause of the loss, assess the damage, and provide technical comments, support for recovery, conclusions and recommendations. This includes on-site investigation of the loss by our in-house team (Spain, Portugal & Italy) or through our network of surveyors, to gather evidence and assess the damage. We provide insurers with a full survey report, with recommendations on the appropriate value based on the evidence.

Claims handling often requires a multidisciplinary team combining lawyers, insurers and other parties. Our role is to provide technical input and work hand in hand with our principal’s external team to protect our clients’ interests. Claims can be complex and lengthy, and require the dedication and continuity of an established team such as Control System Survey, with experienced experts fully committed to each case. Another key element in claims handling is loss of earnings and the correct steps for insurance recovery, particularly in claims involving infrastructure or operations, which often carry high costs in the maritime sector. Our technical team analyses every cost involved in detail to avoid unjustified charges.

When an incident interrupts business, loss of earnings can be as significant as the physical damage. In the maritime industry it often exceeds the cost of repairs. It is therefore important to establish the correct amount, considering:

• The correct length of the indemnity period

• Additional operating costs, such as extra equipment or payroll

• Cancelled services

• Other business costs

Flag and port States monitor vessels to verify that their condition and equipment meet the requirements of international conventions. Port State Control inspectors focus on relevant events and conditions. Depending on the deficiencies found, or if the vessel is involved in another relevant incident (such as pollution or major cargo contamination), the ship may be detained. We assist the owner in mitigating losses and verifying that the correct technical and administrative procedures are followed, and can work with lawyers to secure the vessel’s release as quickly as possible and avoid further delay.

Protecting the oceans is a key priority for States. Marine pollution must be handled responsibly, and Control System Survey’s marine experts support a proper investigation by:

• Understanding the operational and legal responsibilities of each party in the maritime sector

• Investigating events, determining causes, assessing damage and identifying the parties involved; advising on damage mitigation

• Assisting our principal during the investigation and claims process

• Using marine technology tools for tracking, sampling and other evidence

A marine investigation must also consider possible sanctions, such as fines, ship detention, or suspension or revocation of a seafarer’s licence, depending on local laws and regulations. Our experience in these cases allows us to act quickly, avoiding delays and following the legal procedures.

Fire investigations are carried out by a forensic engineer with a background as a fire expert. This requires the ability to:

• Determine the cause of the fire

• Preserve the scene in the relevant areas

• Select the relevant evidence for laboratory analysis

All of this must be carried out rigorously, in accordance with the law and legal protocols.

Helping our clients mitigate loss is one of our aims in every case. We have an extensive network of buyer contacts, allowing damaged cargo to be disposed of quickly and efficiently and reducing demurrage, detention and storage costs. Our claims team provides a complete service, including:

• Determining the technical characteristics and correct quantities of the cargo

• Finding potential buyers for the specific product

• Presenting offers to the parties involved and complying with the applicable legal and health requirements

• Arranging transport of the cargo to the new buyer

• Assessing possible cargo disposal