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Insurance

PDLegal’s Insurance Practice has an experienced team of lawyers and ex-insurance practitioners who advise, act for, and provide legal support to insured parties and insurers including P&I clubs globally in the areas of Marine and Casualty Insurance. The depth of our experience means that we are well placed to advise on claims handling, complex insurance coverage, claims and defence.

We provide legal support and legal advice across all areas of marine insurance including Hull & Machinery, P&I, Cargo, War Risks, LOH, Builders Risks, FD&D, Freight Forwarder’s Liability and ports/terminals. We also have experience on Collisions, Salvage and wreck removal. We also advise on all sub-classes of casualty insurance including Professional Liability, Property, Construction, Wica, Liabilities, Trade Credit and Motor.

Why Choose us

The practice also has a specialist understanding of the legal principles relating to marine and casualty insurance and a sound commercial understanding of the marketplace. Our Insurance team is made up of lawyers qualified in various jurisdictions and fluent in numerous Asian languages.

We draw on our specialist knowledge in industries such as corporate and commercial, construction, finance, energy and resources, and shipping and maritime industries to implement strategies which best support our clients.

As seasoned advocates, our lawyers conduct their own advocacy both in arbitral proceedings and in court, bringing cost efficiencies to our clients. We can also involve other members in our office as necessary, or where their involvement will allow us to perform the work in a more efficient manner.

The practice offers legal support on coverage, claims handling, claims reserving, defence and recoveries/subrogation across all classes of marine and casualty business. In the area of recoveries/subrogation. We have global network of lawyers, surveyors, investigators and marine experts, which enables PDLegal to give insurers sound, realistic and quick advice.

We provide legal support and legal advice across all areas of marine insurance – Hull & Machinery, P&I, Cargo, War Risks, LOH, Builders Risks, FD&D, Freight Forwarder’s Liability and ports/terminals. We also have unrivalled experience on Collisions, Salvage and wreck removal

We provide legal support and legal advice across all sub-classes of casualty insurance – Professional Liability, Property, Construction, Wica, Liabilities, Trade Credit and Motor.

We also have an established global network of lawyers to call upon to advise us on multi-jurisdictional legal issues. They were chosen not only for their expertise and efficiency but also for their reasonable costs structure.

Selected Marine Insurance Matters

  • A purchaser in its US$30 million acquisition of an offshore jack-up drilling unit damaged by Hurricane Katrina. Advice was rendered on, among other things, the insurance/classification aspects for the rig, its dry towage to a yard to commence conversion works and the conversion contract itself.
  • Acted as Singapore counsel for P & I Club on behalf of shipowners in a collision between 2 bulk carriers “Best Unity” and “Southern Explorer” in Singapore waters.
  • Acted as Singapore counsel for P & I Club on behalf of shipowners in a collision involving product tanker “United Fortitude” and vehicle carrier “Oceanus Leader” near Singapore.
  • P & I Club to defend actions brought by cargo interests and an Indonesian based container terminal in the sum of approximately US$1.5 million for damage to cargo and containers caused by an explosion and resulting fire in the container terminal. The alleged source of the explosion was a wrongly declared dangerous cargo stuffed in a container carried by the member’s container vessel.
  • Acted successfully for a company incorporated in Singapore carrying on the business of trading base metals. Various shipments of the cargo arrived in Penang, Malaysia where the Plaintiff discovered that the cargo of minerals had been swapped out and replaced with an iron ore. We obtained judgment against Chubb in this case. Sizer Metals Pte Ltd v Chubb Insurance Singapore Ltd [2022] SGHC 51
  • P & I Club and hull underwriters in coordinating the defence against actions brough in South Africa by cargo interests for loss and damage amounting to approximately US$5 million arising from an explosion and resulting fire on board the member’s container vessel at Durban.
  • Acted for the registered owners of the vessel, Sevilla Knutsen which grounded on the Eauripik atoll of the State of Yap, Federated States of Micronesia. Suit commenced by the residents of the said state for compensation arising from the grounding. We were successful in obtaining release of the vessel and in resisting the Plaintiff’s application to stay Singapore court proceedings in favour of proceedings in the courts of Federated States of Micronesia.
  • We were successful in obtaining release of the vessel and in resisting the Plaintiff’s application to stay Singapore court proceedings in favour of proceedings in the courts of Federated States of Micronesia. This matter was successfully completed. The “Sevilla Knutsen”[2022] SGHC 20
  • Acted as Singapore counsel on behalf of a Hong Kong cargo and freight forwarding company commencing admiralty actions for indemnity claims against master carriers in respect of loss cargo arising from the sinking of a Bahamian container vessel.
  • Acted for the Plaintiff in the Singapore High Court in a dispute against a Timor-Leste insurance company over gasoil cargo valued at approximately USD 1.5 million. The cargo was to be shipped from Singapore to Karabela Port, Timor-Leste. During the course of the voyage, the vessel carrying the cargo was hijacked by pirates in the waters off the coast of Tanjung Berakit, Indonesia. The disputed claim involved allegations of conspiracy and that the piracy act was staged. Further allegations raised were that the Plaintiff failed to comply with the Marine Insurance Act and lacked insurable interest. Clients successfully obtained judgment for the full claim amount.

Casualty Insurance Matters

  • Acted for the husband of Madam He Ying (the “Deceased”), Mr Zhang Yang. In summary, the Deceased was a guest of Hotel Grand Pacific (the “Hotel”). The Deceased who swam in the swimming pool of the Hotel, drowned shortly after entering the Hotel’s pool and a Coroner’s hearing was held. Issues in this matter included negligence, contributory negligence and vicarious liability. We were successful in negotiating a favourable settlement with the insurers. The New Paper – https://tnp.straitstimes.com/news/singapore/shortcomings-found-bugis-hotel-pool-where-woman-drowned.
  • The matter examined the legal burden of proof of insurers and the insured when an action is commenced. This would include what an insured company has to establish in order to fall under the coverage of its insurance policy. This case will also deal with what the insurers obligations are with respect to investigating a claim made by the insured company who was under coverage of an insurance policy.
  • Acted as Singapore counsel for the insurers of one of the largest light works supplier and designer in Thailand against a SGX listed company and its subsidiary, in respect of a complex cross jurisdictional contractual dispute. In the said matter, Gerard argued to resist a stay of proceedings application made by a listed company, in favour of arbitration and/or forum non conveniens.
  • We are acting for a former director and shareholder of a Bruneian marine offshore company who has brought a claim of USD 13,800,000.00 for professional negligence against a foreign practicing lawyer and international law firm based in Singapore. The claim arose from the foreign lawyer’s preparation of a Share Pledge and Trust Deed which our client entered into based on certain assurances and representations from the foreign lawyer. The professional indemnity insurers have stepped in and appointed lawyers to act for the foreign lawyer and international law firm in this case which is still ongoing.”