ABSTRACT

This contribution analyses the nature and salient characteristics of protection and indemnity (P&I) insurance, in particular the hurdles that confront members and third parties in claiming reimbursement. Beyond examining what may be claimed, the obligations of a member following an incident out of which a claim may arise and subsequently in formulating a claim against the P&I club are analysed. And also are the powers of a club to control and manage the litigation process by third parties against members. There is also scrutiny of the way disputes between a member and club are resolved under club rules. The various issues surrounding third-party claims against clubs are addressed in the context of the different legal foundations on which third-party claims may be launched under UK law, foreign law and international maritime liability conventions.