P&I COVER IN ENGLAND AND IN NORWAY : A COMPARATIVE ANALYSIS OF CURRENT PROBLEMATIC ISSUES

Abstract

The aim of this document is to analyse the peculiar features of the English and the Norwegian P&I Clubs from a comparative perspective. In particular, this study approaches how the following three topics are dealt with by P&I Clubs in the named jurisdictions: i) the ¨Pay to be paid rule¨; ii) the possibility of third party claimants to file recovery actions directly againts P&I Clubs; and iii) the P&I Clubs´ position regarding cover when letters of indemnity are accepted by the assured in exchange of delivering cargo without presentation of a bill of lading. It is my personal view that these topics are of great importance for a shipowner because they have an impact on their business and even though much has been written about these topics, little is said from a comparative perspective. Apart from the market impact, these issues are connected because P&I Clubs are usually vested with discretionary powers that entitle them to make decisions on the application of cover irrespective of what the standard rules exclude. Ideally, the present text will provide further insight to this type of insurance which shipowners and insurance brokers may utilize when choosing a P&I Club.