Ship managers face rising litigation exposure as US$2.5 million claim highlights risk of inherited ship conditions
The claim, which was ultimately reduced to just US$250,000 after it was successfully supported by International Transport Intermediaries Club (ITIC), is another example of the exposure ship managers face when inheriting ships with known deficiencies, even where these have been disclosed at the outset.
In June 2023, a ship manager took over a ship with more than 150 known defects, all of which had been acknowledged by the owners. A phased rectification plan was agreed between the parties, including the deployment of additional crew during 2023 and further repair works scheduled for 2024.
However, operational delays, including a drifting period of approximately six weeks, disrupted the agreed programme and postponed key repairs. In March 2024, shortly before additional crew were due to join, the ship was detained following a Port State Control (PSC) inspection.
The shipowners subsequently alleged negligence on the part of both the manager and the crew, pursuing a claim exceeding US$2.5 million, significantly above the contractual liability cap of US$1.5 million under the SHIPMAN terms.
The ship manager rejected the allegations, maintaining that the detention and resulting losses did not arise from their negligence and disputing responsibility for any alleged shortcomings of the crew. At the same time, questions were raised about the effectiveness of the rectification plan, the timing of repairs, and aspects of crew preparedness.
Commenting on the case, Mark Brattman said: “We continue to see instances where substantial claims are advanced against ship managers without clear supporting evidence, often reflecting wider commercial disputes.
“This case underlines the importance of maintaining clear and comprehensive records, as well as taking a considered approach to defending claims where liability is not established to prevent further unjustified claims in the future,” he added.
ITIC noted that disputes of this nature are not uncommon. The UK-based professional indemnity insurance provider emphasised the importance of clear documentation, robust contractual frameworks and proactive claims management when taking on ships with existing defects.About ITIC
International Transport Intermediaries Club (ITIC) is the world’s leading provider of professional indemnity insurance to transport professionals across the globe.
As a mutual insurer, it has 100 years of experience providing cover to companies in the marine, naval architecture, aviation, offshore, renewable and hydrographic industries. With 3,650 members in over 110 countries and a worldwide network of correspondents, ITIC is the acknowledged leader in its field.
ITIC’s insurance has been developed primarily to cover claims of negligence – errors or omissions. Cover can also extend to specialist areas such as debt collection, loss of commission income, cash in transit, and directors’ and officers’ insurance. ITIC’s wide coverage also includes unique discretionary insurance that could support claims not normally paid by other professional indemnity insurers.
ITIC is managed by Thomas Miller. More details about ITIC and the services it offers can be found at www.itic-insure.com.
