Marine Liability Products

Marine legal liability products covering various aspects of liability, including Carriers.

  • Cargo Owners Legal Liability Specialist wording to protect cargo owners against legal liability and defence costs attracted due to properties of their cargo whilst in transit.

Vero Marine's Cargo Owners Legal Liability product is a specialist wording. It is designed to protect cargo owners for any legal liability and defence costs they might attract through the properties of their cargo whilst in the ordinary course of transit and in its customary packaging, or its incorrect handling by others. Examples are cargo taint and spillage.

  • Carriers legal liability Liability protection for actual and contractual carriers for liabilities imposed under the New Zealand Carriage of Goods Act 1979.

Vero Marine's Carriers Legal Liability product provides cover for actual and contractual carriers for liabilities imposed by the Carriage of Goods Act 1979. The policy includes protection for :

  • Liability for loss or damage to goods imposed on the carrier under the Carriage of Goods Act for goods carried on a Limited Carriers Risk basis.
Extensions are available to the policy to include protection for:
  • Declared Value or Declared Terms sendings;
  • Storage not incidental to transit.
Vero Marine's policy provides for some of the costs of debris removal following an accident. Section 14(d) of the Act relieves a carrier of liability in a situation where property loss occurs by the act of saving or attempting to save life - a common example is a truck swerving and crashing to avoid a child. Vero Marine nevertheless provides cover to the carrier for liability under the Act that would be incurred but for this provision.
Carriers' Liability Proposal

Vero Marine can provide legal liability protection for companies chartering vessels. Coverage is available to provide protection for the various charter types from bareboat, or demise charters, to voyage and time charters. The extent of cover provided is dependent on the type of charter and charter party contract itself but can include protection for:

  • Liability of the charterers for loss, damage or shortage of cargo on the vessel;
  • Liability of the charterer for loss or damage to the vessel;
  • Liability for misdirection or inadvertent wrongful release of cargo;
  • Removal of wreck;
  • Liability of the charterer for unrecoverable General Average or salvage contributions;
  • Diversion expenses to land sick or injured crew or passengers;
  • Liability for personal injury to passengers, crew or other persons on the vessel;
  • Collision liabilities;
  • Fines, certain legal and associated costs.

Extensions are available to the policy to include protection for:
  • Detention of the vessel;
  • Back-to-back sub charters;
  • Substitute vessels;
  • Liability of charterer for demurrage costs.
  • Freight Forwarders' Legal Liability Liability protection for freight forwarders or NVOCC operators provided on a sectional basis so that specific cover can be bought as required.

This policy provides specialist liability protection for freight forwarders or NVOCC operators covering all aspects of operation from local carriage to goods shipped by air or sea. Coverage under the policy is provided on a sectional basis with the forwarder being able to buy the specific cover they require.
The policy options include protection for:
  • Liability for damage to cargo under international conventions such as the Hague Visby Rules, the Warsaw Convention and its Protocols and amendments, and various national COGSA, etc.;
  • Liability for misdirection or delay in cargo delivery due to an error on the part of the forwarder;
  • Fines and / or penalties imposed for breaches by the forwarder of customs, GST or import regulations;
  • Legal liability:
    • assumed under contract with prior written agreement with Vero Marine;
    • for incorrect or insufficient packing of goods by the forwarder;
    • as bailee for storage of goods other than in the ordinary course of transit;
    • for damage to handling equipment leased by the forwarder;
    • for damage to goods whilst under the control of sub-contractors.
This policy provides specialist legal liability protection for marina operators covering all aspects of operation from provision of berths to repair facilities and storage. The policy includes protection for:
  • Loss or damage to third party property, including vessels using the marina on a regular or casual basis;
  • Liabilities assumed under contract rising out of the marina's operations;
  • Loss or damage to vessels due to incorrect navigational information given or lack of navigational aids;
  • Loss or damage to vessels as a result of inadequate berthing facilities provided;
  • Loss or damage to third party property as a result of repair or travel-lift operations (if provided);
  • Liability for personal injury to persons other than staff (but excluding cover by ACC).
Extensions are available to the policy to include protection for:

This policy provides specialist liability protection for port companies encompassing all aspects of their operations from vessel berthing and cargo handling to provision of repair facilities and slipways. The policy includes protection for:
  • Loss or damage to third party property, including cargo and vessels, arising out of cargo handling/storage operations;
  • Liabilities assumed under contract rising out of port operations;
  • Removal of wreck;
  • Loss or damage to vessels due to incorrect navigational information given or lack of navigational aids;
  • Loss or damage to vessels as a result of inadequate berthing facilities provided;
  • Loss or damage to third party property as a result of repair operations (if provided);
  • Liability for personal injury to persons other than staff (but excluding cover by ACC).
Extensions are available to the policy to include protection for:
  • Loss or damage to hired in plant;
  • Providing incorrect advice and information.

This policy provides cover for companies or individuals involved in ship repairs for damage that occurs whilst the vessel is in their care, custody and control. Cover is available from a small one-man one-van operation providing a painting service, or for installing and mending electronics, up to marine service companies with specialist premises and facilities, handling commercial vessels and providing engineering services.

The policy includes legal liability resulting from negligence arising from:
  • Loss or damage to the vessel in the care, custody and control of the Assured for the purposes of being worked upon;
  • Shifting and moving the vessel within the immediate port area, including trial trips;
  • Loss or damage to cargo or other property on or discharged from the vessel being repaired;
  • Removal of wreck;
  • Loss or damage to third party property as a result of repair operations;
  • Loss or damage to machinery or equipment removed from the vessel for the purposes of repair;
  • Personal injury and loss or damge to third party property occurring in the course of or arising from ship repairing operations (but excluding cover by ACC).
Extensions are available to the policy to include protection for:
  • Detention of a vessel as a result of damage covered by the policy;
  • Employees whilst working away from the yard.
Ship Repairers Legal Liability proposal

Vero Marine can provide legal liability insurance cover for New Zealand stevedores in their commercial activities in New Zealand ports.

Stevedores Legal Liability and Terminal Operators Legal Liability are similar specialist insurance products in that they are both associated with the loading and unloading of vessels, damage to third party vessels arising out of those loading/unloading operations, and injury claims.

Vero Marine’s Stevedores Legal Liability insurance is a product that provides protection to a company that principally involves the provision of labour and equipment for the loading or unloading of ships, normally as a sub-contractor to the port authority or to a terminal owner, but where they do not actually operate a terminal themselves. Stevedoring companies are not, therefore, normally responsible for the safe berthing of vessels and their principal liability exposures are in respect of:

  • Loss of, or damage to cargo belonging to third parties;
  • Damage to third party vessels arising from the loading/unloading operations.
Other parties, e.g. the harbour authority, are generally responsible for the berths and channels, safe berthing of vessels etc. For clients operating their own berth or terminal where the client has these wider responsibilities, a Terminal Operators Liability policy is more appropriate.

Fragile cargoes require very careful movement. Stevedores are often blamed for breakages from rough handling. Stevedoring activities often involve moving cargo handling equipment which can cause physical loss or injury.

Vero Marine’s Stevedores Legal Liability wording is designed to address these areas:
  • Damage to cargo being handled, e.g. physical damage: deterioration of refrigerated goods by the failure to connect a refrigeration unit to power supply;
  • Damage to the vessel from which cargo is being unloaded (usually caused by stevedoring equipment);
  • Damage to leased/hired equipment;
  • Certain notified contractual liability exposures - working within a port area, stevedores will find themselves required to sign contractual agreements regulating their relationship with the port authorities and other companies working there;
  • Third party bodily injury and property damage.
There are separate policy extensions available designed to cover:
  • the activity of warehouse-keepers;
  • the (ancillary) activity of road transport contractors;
  • errors and omissions that are attributable to a failure to provide represented services or the incorrect application of expertise.
The principal exclusions are:
  • loss or damage to the stevedores’ own property;
  • general third party bodily injury and/or property damage not arising from the specific activities of stevedoring;
  • employer’s liability, including workmen’s compensation;
  • liability under the local Road Transport and/or traffic acts.
Stevedores that handle timber or scrap metal cargoes are subject to special consideration as these cargoes commonly cause damage to vessels’ holds/hatches.
Please Read This Important Information This on-line information is provided by Vero Marine and is intended to provide summary information of the main features of this Vero Marine product. For further information on this product, please speak to your broker / adviser about Vero Marine products. A decision to purchase this product should be based on more comprehensive detail than is provided by this summary and you should not rely solely upon this summary. The policy document describes in detail the benefits provided, exclusions and how your policy works. The Vero Marine product described in this on-line information is offered by Vero Marine and is only available within New Zealand.

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