• Home
  • News
  • Videos
  • Marine Tech
    • Air Compressor
    • Ship Generator
    • Oily Water Separator
    • Ship Stabilizer
    • Boiler
  • Navigation
    • Mooring
    • Watchkeeping
    • Maneuvering
    • Anchoring
    • Equipment
  • Maritime Law
  • More
    • Case Studies
    • Life At Sea
    • Maritime Knowledge
    • Marine Careers
    • Naval Arch
    • Ship Safety
    • Shipboard Guidelines
    • Forums
    • Types of Ships
    • Financial Planning
    • Photos
    • Apps
  • Premium E-Books
  • Free E-Books
  • Home
  • News
  • Videos
  • Marine Tech
    • Air Compressor
    • Ship Generator
    • Oily Water Separator
    • Ship Stabilizer
    • Boiler
  • Navigation
    • Mooring
    • Watchkeeping
    • Maneuvering
    • Anchoring
    • Equipment
  • Maritime Law
  • More
    • Case Studies
    • Life At Sea
    • Maritime Knowledge
    • Marine Careers
    • Naval Arch
    • Ship Safety
    • Shipboard Guidelines
    • Forums
    • Types of Ships
    • Financial Planning
    • Photos
    • Apps
  • Premium E-Books
  • Free E-Books

Marine Insight

The Maritime Industry Guide

You are here: Home › Shipping News › ITIC Warns On The Potential Cost Of Being An Expert

ITIC Warns On The Potential Cost Of Being An Expert

By MI News Network | In: Shipping News | Last Updated on December 3, 2018

TwitterFacebookLinkedInPinterestBuffer

International Transport Intermediaries Club (ITIC) has warned that the role of an expert witness should not be undertaken lightly and that all professionals acting in this capacity should be aware that they could face legal action for negligence.

In the latest issue of its online newsletter, The Wire, ITIC cites a case involving an explosion on board a yacht at a marina which resulted in an insurance claim being made against the owner. An expert appointed by the insurers to investigate the cause of the loss concluded that the explosion and fire were the results of a deliberate act by the owner.

The insurers rejected the claim for a number of reasons, and the owner challenged the insurer’s decision in the local court, which found in favour of the insurers because the owner had been working on the vessel without the requisite authority. Therefore, irrespective of the allegation of arson, the policy did not have to respond to the loss.

seafarer officer

Representation Image – Credits: depositphotos.com

The owner then claimed €650,000 in damages for defamation in respect of the allegations of arson raised in the expert’s report. Proceedings were issued against the insurers and the expert.

The insurers wanted the expert to pay the costs of the defence of the defamation claim, based on the fact that it was the allegation in the expert’s report that had given rise to the issue. ITIC, however, persuaded the insurers that they should support their expert, especially since they were, in part, relying on the report to reject the claim. ITIC said that, if it turned out that the report was negligent, the insurers could make a claim against the expert which would fall under their ITIC cover but, until then, the insurers should defend the expert. The insurers accepted that position and the claim was ultimately rejected by the courts.

ITIC says, “In addition to potential liabilities, even an ‘innocent’ expert can face substantial legal costs dealing with a claim. At best, only a proportion of these costs will ever be recovered.”

l ITIC recently held an expert witness panel discussion at its London offices where the subjects under discussion included the liability of the expert, the incorporation of standard terms and conditions, and effective report writing. The latest edition of The Wire includes articles on these and other issues, as well as a list of ten golden rules of loss prevention for expert witnesses. These include not allowing the desire to help a client blind one to the evidence, not allowing oneself to be bullied, challenging inadequate or misleading instructions, not accepting instructions if it means an inability to remain independent, and not straying outside areas of expertise. “To err is human,” concludes ITIC, “ – the answer is insurance.”

Press Release

Report an Error

Related Posts

India first Mainline Vessel_3
India Boosts Shipbuilding; Amends Right Of First Refusal (ROFR) Licensing Conditions
MOL Autonomous navigation success
MOL Sets World Records For Autonomous Navigation Using Large Commercial Car Ferry
Port's Green Flag program rewards ocean carriers
Ships Slow Down For Cleaner Air – Port Of Long Beach’s Green Flag Program Rewards Ocean Carriers
2 parts of Japanese Woodchip carrier Crimson Polaris from the side
Update: Shipowner Working To Minimize Damage Caused By ‘Crimson Polaris’ Oil Spill
Want to share your tips and advice? Got questions? Visit the community forum to ask questions, get answers, meet people, and share your tips!

Leave a Reply

Your email address will not be published. Required fields are marked *

Popular Now

all women crew vessel

Photos: All-Women Crew Embarks On An Expedition – International Day For Women In Maritime

autonomous vessel AI identification

Watch: Autonomous Vessel Avoids Collisions, Completes 800Km Voyage Without Human Assistance

Seafarers win commitment to mandatory internet access in international law

Seafarers Win Commitment To Mandatory Internet Access In International Law

USS Frank E. Petersen Jr. (DDG 121)

US Navy To Commission Guided-Missile Destroyer ‘USS Frank E. Petersen Jr.’

navy vessel

Pirate Attack On Cargo Vessel Prevented By Iranian Navy In Gulf Of Aden

Marine Engineering

  • Marine engine
  • Air compressor
  • Marine boiler
  • Oily water separator
  • Marine Electrical
  • Ship Generator
  • Oily water separator

Nautical Science

  • Mooring
  • Bridge Watchkeeping
  • Ship Manoeuvring
  • Nautical Charts
  • Anchoring
  • Nautical Equipment
  • Shipboard Guidelines

Explore

  • Free Maritime eBooks
  • Premium Maritime eBooks
  • Marine Safety
  • Financial Planning
  • Marine Careers
  • Maritime Law
  • Ship Dry Dock

More

  • Shipping News
  • Maritime Reports
  • Videos
  • Maritime Piracy
  • Offshore
  • Safety Of Life At Sea (SOLAS)
  • MARPOL
  Privacy Policy   |   Refund Policy   |   Contact Us  |   Disclaimer   |   About Us   |   Team   |   Advertise  |   Send Us News

Copyright © 2010 - 2022 Marine Insight — All Rights Reserved | Made with ♥ in India DMCA.com Protection Status

This website uses cookies to ensure you get the best experience on our website