Marine & General Insurance
Rahman’s Chambers is as one of the Leading Law Firms advising and representing Clients on several marines and general insurance matters for a number of years. Our Firm has represented a number of globally leading P & I Clubs involving several marine risks covered under the marine insurance policy for both hull and cargo successfully. We have also acted for a number of general insurance companies recovering outstanding premiums and also advised various clients over drafting several insurance contacts on disputes involving insurance claims. The Chambers and Partners Asia Pacific 2021 for four consecutive years ranked us under the spotlight table for shipping and gave review: “Specialist shipping practice covering the full scope of maritime issues including ship arrests, marine insurance, bills of lading and admiralty. Also active on collision cases, often representing international P&I clubs and shipping companies”.
“Also active on collision cases, often representing international P&I clubs and shipping companies.”
– Chambers and Partners, 2021
“…the firm is “thorough in terms of maritime law, investigating facts in detail, and are good at following up.”
– Chambers and Partners, 2020
Rahman’s Chambers has been recognized as a “Spotlight Law Firm” and also ranked for “Shipping” by Chambers and Partners, 2019.
“Specialist shipping practice covering the full scope of maritime issues including ship arrests, marine insurance, bills of lading and admiralty. Also handles shipbuilding matters, as well as ownership disputes, mortgage claims and cargo damage claims.”
– Chambers and Partners, 2019
“Their response times are excellentand they make you feel generally very well informed.”
– Chambers and Partners, 2018
Our completed works are as follows:
- We have advised Mitsubishi Hitachi Power Systems Ltd., Japan jointly with Kim & Chang, South Korea on EAR insurance policy issued by Hyundai Marine and Fire Insurance Co., South Korea involving new Haripur Power Plant development project, Bangladesh.
- We have advised and initiated proceedings for Leatherex against a local insurance company for recovery of a claim arising from burglary and housebreaking policy.
- We have successfully represented a local bank in execution proceeding by adding a claim under insurance in the schedule of assets.
- We have provided legal consultancy and drafted IGPA for receivable of insurance premium assignment of insurance agreement for Bangladesh Infrastructure Finance Fund Limited (BIFFL).
- We have successfully represented the owner of M. V. EVOLUTION and a leading P&I Club involving damage of bulk cargo in Chattogram outer anchorage. Both parties filed suits
regarding their claim and the vessel was then detained. Eventually, both parties reached an out of court settlement which ensured full discharge of cargo and release of the vessel.
- We have successfully represented a leading P&I Club and the owner of M.V. SUPRAMAX VIVI in a collision matter arising within the territory of Bangladesh. A very first suit for limitation of liability has also been filed by our firm under the coverage of P&I Club in this matter and the same has reached an out of Court settlement up to client’s satisfaction.
- We have successfully represented the owner of M. V. GLOBAL HARMONY and the concerned P&I Club regarding claim of lien over cargo deriving from failure to pay freight. The matter was successfully resolved out of court with the involvement of a leading P&I Club while protecting client’s best interest.
- We have successfully released a Marshall Island flagged vessel from detention for owners and a leading P&I Club in a sensational collision incident with naval combat vessels of Bangladesh Navy by submitting local Bank guarantee and overcoming several obstacles.
- We have represented the owner of M.V. MARINA R in a collision claim arising within the territorial water of Bangladesh. We were able to successfully release the vessel under a letter of undertaking issued by a leading P&I Club. The relevant admiralty suits were finally withdrawn through an out of court settlement with our active participation.
Practice Guide – Shipping
Marine Insurance was the earliest well-developed kind of insurance having its origins in the Greek and Rome. In the Bangladeshi context, marine insurance is very much relevant since Bangladesh is a maritime nation and the seaports are busy with loading and unloading cargoes carried by local and international flag-bearing vessels. International flag bearing vessel owners cover their risk by becoming a member of international P&I Clubs. Besides, cargo owners also cover their risk by ensuring their cargo from different global insurance companies. Bangladesh flag bearing vessel and Bangladesh cargo owners/shippers cover their risk mostly with local insurance companies. On the other hand, general insurance covers property insurance, liability insurance which are not marine risk etc. Principals developed in age-old marine insurance law, e.g. a duty of utmost good faith and not to make any fraudulent claim are also applicable in general insurance. The Insurance Act, 2010 which repealed the Insurance Act, 1938 is the governing law for both general insurance and marine insurance. It is not very uncommon that due to the collision, false delivery of cargo, local and international embargo, etc. both P&I Clubs and insurance companies are required to step in rescuing their customers mostly in Chattogram Port & also in other international ports, where cargo/vessel are from Bangladesh or destined to Bangladesh. The insurers not only involve themselves in investigation and survey to assess liability but also assist their customers at different levels under Sue and Labour cover etc.
The types of cases involving insurance are:
- Coverage disputes: This is a common disputed area. Whether the policy covers the insurance as claimed by the policy holder.
- Bad faith defense: Insurer often rely on this defense that the claim is unfounded or founded on bad faith.
- Insurance Defense: Defending the policy holders ad providing legal backing requires through legal research and consistent actions.
- Class actions/Publics Interest Litigation: Practices which are anti competitive and involves consumer fraud, unfair trade, marketing practices etc may be suitable for class-action.
- Pattern and practice litigation: The insurance company knowing or unknowing may develop patters of refusal. This may itself operate in favour of policy holder.
Businesses are now constantly facing challenges. Natural disasters, terrorism, economic meltdowns and the threat of pandemics are the new definition of risk. Change of Government, political view and associated legislative reform putting them under enormous pressure. Legal service are required to mitigate exposure of risks, ensure regulatory requirements and finally manage your risk.
Clients not only seek litigation, arbitration and dispute resolution support, but also need advice and planning on reinsurance issues arising in the normal course of business including:
- claims handling
- financial reporting
- premium and commission
- regulatory restrictions
- reinsurance contract formation and interpretation
- right of inspection
- scope of coverage
Hull insurance is an insurance policy especially designed for covering ship damage expenses. Where the ‘Hull’ refers to the main body of the ship. Hull insurance can be understood like a car insurance, with a difference of being for a water faring vehicle instead of land. – securenow.in
Motor insurance is an insurance policy that covers the policyholder in case of financial losses – resulting from an accident or other damages – sustained by the insured vehicle. A comprehensive motor insurance policy covers damages to third-party and third-party property along with compensating for own losses as well.- www.adityabirlacapital.com
Cargo Insurance provides coverage against all risks of physical loss or damage to freight during the shipment from any external cause during shipping, whether by land, sea or air. -https://www.iedunote.com/cargo-insurance
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Our service includes:
- Marine Insurance (H&M)
- Risks Protection & Indemnity (P&I)
- Damages to Cargo and Ship
- Carriage of goods by road/air claims
- Multimodal transport claim
- Assisting investigation as per the client’s requirement
- Representing clients in coverage of disputes and providing opinion on policy coverage; and
- Representing clients before all level before Court, Tribunal, Arbitration or Mediation.
- London P&I Club, U.K.
- UK P&I Club, Greece
- Atrium Maritime S.A. of Athens, Greece
- Sea Satin Ocean way S.A. of Liberia
- Momentum International Trading Inc., Monrovia, Liberia
- A.P. Moller Maersk Line
- M. V. MAGNUM FORCE
- M. V. SUPRAMAX VIVI
- M. V. MARINA R
- West of England P&I Club, U.K.
- Bangladesh Infrastructure Finance Fund Ltd. (BIFFL)
- Continental Insurance Co. Ltd.
Related Resources - Library
The value of law reports in the legal profession cannot be overemphasized. They can be regarded as the life-wire of the legal profession. We have a rich library with a mixture of printed and online legal databases. We have printed version of All England Commercial Cases, Indian Digest of Supreme Court cases, Yearbook Commercial Arbitration of Wolter Kluwer and most law reports of Bangladesh. We subscribe to the online legal database Manuputra providing access to most reputed law reports. Read more