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skuld.com<br />

<strong>Skuld</strong><br />

magazine<br />

NOVEMBER 2009 / issue 195<br />

pulling<br />

together<br />

The end of Rule B / 14<br />

Member and broker<br />

survey / 17


Viewpoint<br />

Douglas Jacobsohn<br />

CEO<br />

STRONG RESULTS<br />

With reduced claims frequency and improving financial markets, <strong>Skuld</strong><br />

is enjoying strong results from both underwriting and its investment<br />

portfolio. Our free reserves are once again above USD 200 million,<br />

which is the same level as before the financial crisis. However, the<br />

worst claims period of the year is still ahead and financial markets<br />

must recover fully. It is therefore important to continue our focus on a<br />

balanced technical result by maintaining high-quality membership in<br />

our mutuality.<br />

beacon NOVEMBER 2009 / issue 195<br />

LAUNCHING THE NEW SKULD OFFSHORE SYNDICATE<br />

Since the launch of <strong>Skuld</strong>’s rig and offshore energy activities in 2008,<br />

<strong>Skuld</strong>’s Offshore Syndicate has quickly established a significant<br />

portfolio of specialist offshore vessels and units. In this Beacon, we<br />

take a closer look at <strong>Skuld</strong>’s offshore team and the activities and<br />

insurance needs of three different offshore members.<br />

Feedback from <strong>Skuld</strong> members and brokers is important to us. Thank<br />

you to everyone who replied to our survey earlier this year. To see a<br />

results overview, please refer to page 17.<br />

Personnel news presents several new members of staff. I am pleased<br />

to see so many new faces and such high competence joining <strong>Skuld</strong>,<br />

knowing that this also reflects <strong>Skuld</strong>’s growing appeal as an attractive<br />

employer.<br />

photo: laney Chouest, ECo<br />

Douglas Jacobsohn<br />

<strong>Skuld</strong><br />

magazinebeacon<br />

NOVEMBER 2009 / Issue 195<br />

Beacon (<strong>Skuld</strong> Magazine) is the official publication of Assuranceforeningen <strong>Skuld</strong> (Gjensidig)<br />

Address P.O. Box 1376 Vika, NO-0114 Oslo, Norway, Tel +47 22 00 22 00, Fax +47 22 42 42 22<br />

E-mail ingeborg.berge@skuld.com editor in chief Ingeborg Berge Editorial staff Lise Larson,<br />

offshore feature SAY: PR & Communications as Layout Transmission AS Repro and printing 07<br />

Group Front page Offshore supply ship approaches platform back page Heavy lift ship loading cargo<br />

Photo: Peet de Rouw. Entire contents ©2009, all rights reserved. Reproduction in whole or in<br />

part, without written permission from <strong>Skuld</strong>, is prohibited. Opinions expressed by writers in Beacon<br />

are not necessarily those held by <strong>Skuld</strong>. <strong>Skuld</strong> assumes no responsibility for unsolicited material<br />

WWW.SKULD.COM<br />

8Just how<br />

serious is<br />

Edison Chouest<br />

Offshore?<br />

Some people aren’t afraid of fully<br />

embracing the well-known American idiom,<br />

”put your money where your mouth is”.<br />

Gary Chouest is one of these people.


contents<br />

News feature: Pulling together<br />

4 <strong>Skuld</strong> offshore – the clear market alternative<br />

8 ECO – just how serious is Edison Chouest Offshore?<br />

10 FARSTAD – far from just average shipping<br />

12 Bard – the answer is blowin’ in the wind<br />

Legal issues<br />

14 The end of Rule B<br />

16 Regulations... and more regulations!<br />

Current<br />

17 Member and broker survey 2009<br />

18 Almost invisible – completely indispensable<br />

20 Maritime trainee Stefan Gattberg<br />

4<br />

Pulling<br />

together<br />

Big when it matters, but small enough<br />

to provide a bespoke service combined<br />

with smart solutions, best describes<br />

<strong>Skuld</strong>’s Offshore Syndicate.<br />

news<br />

21 Personnel news<br />

23 News<br />

18<br />

Almost<br />

invisible –<br />

<strong>Complete</strong>ly<br />

indispensAble<br />

<strong>Skuld</strong> helps you manage risks more actively.<br />

We’re there all the time – often unnoticed<br />

– until the unexpected happens and our help<br />

is needed.


News feature<br />

PULLING TOGETHER<br />

pulling<br />

togethe<br />

photo: eco


News feature<br />

PULLING TOGETHER<br />

/<br />

r<br />

The global offshore industry is changing. ALTERNATIVE ENERGY<br />

IS gaining ground. A new generation of multifunctional,<br />

technically advanced and eco-friendly vessels engage in<br />

highly specialised deepwater activities. <strong>Skuld</strong>’s offshore<br />

team is passionate about partnering with clients to protect<br />

their assets through improved clarity of insurance cover.


News feature<br />

PULLING TOGETHER<br />

SKULD OFFSHORE<br />

The clear market<br />

alternative<br />

Big when it matters, but small enough to provide a bespoke service combined with smart<br />

solutions, best describes <strong>Skuld</strong>’s Offshore Syndicate, which is looking to add more quality to<br />

its current portfolio during 2010-2011.<br />

According to Gregory Thomas, <strong>Skuld</strong>’s current offshore members and<br />

clients are getting the best of both worlds – the security, size and<br />

resources of a world-leading P&I club and niche capabilities of a<br />

quick-action, dedicated offshore team.<br />

“We are part of a sizeable organisation with significant experience and<br />

access to risk advisory services, which enables us to offer the best<br />

advice,” says the <strong>Skuld</strong> Senior Vice President and Head of Offshore<br />

Syndicate. “On the other hand, we are a small focused team offering a<br />

high-level service to our clients across the world. It’s a good mix.”<br />

Since launching the new Offshore Syndicate in April 2008, the<br />

syndicate has quickly established a significant portfolio of specialist<br />

offshore vessels and units, from construction, cable layers and<br />

anchor-handling tug supply vessels to FPSOs, drilling rigs and<br />

heavy-lift ships.<br />

Can a small offshore team of five handle major challenges of<br />

global offshore clients?<br />

As <strong>Skuld</strong>’s offshore portfolio grows, so do the challenges. Today’s<br />

offshore and gas operators perform in an environment of increased<br />

responsibility and accountability. Insurance professionals capable of<br />

providing specialist advice and covers in this unique operating arena<br />

are in strong demand, as can be seen from the level of enquiries<br />

submitted on an almost daily basis to the team.<br />

Assisting its clients in navigating around some of the very serious<br />

contractual issues, <strong>Skuld</strong> is able to provide tailor-made insurance<br />

solutions to cope with certain contractual issues, as well as the<br />

specialist advice and service that you would expect from the <strong>Skuld</strong> brand.<br />

The question is, can a relatively small but specialist team handle<br />

major challenges of global offshore clients?<br />

Without a doubt, believes Greg, who readily talks about unlocking the<br />

full potential of <strong>Skuld</strong>’s existing business, international resources and<br />

expanding the team.<br />

“A high degree of P&I insurance and offshore industry expertise is<br />

necessary to create sustainable business. We have this. The major<br />

strength of our team is considerable hands-on experience from the<br />

offshore industry. By adding this experience to <strong>Skuld</strong>’s strength and<br />

expertise in capital and risk management, we bring knowledgeable,<br />

well thought-through solutions to the table.”<br />

“The<br />

development<br />

of <strong>Skuld</strong>’s<br />

offshore<br />

business<br />

is about<br />

partnering<br />

with clients<br />

to improve<br />

clarity of<br />

cover”<br />

“We intend to expand our team<br />

within the next few months, thus<br />

strengthening our expertise and<br />

global representation to grasp<br />

new opportunities and provide all<br />

clients and members with the<br />

same level of service.”<br />

Fairness and awareness:<br />

Protect what’s of value for<br />

each client<br />

The development of <strong>Skuld</strong>’s<br />

offshore business is about<br />

partnering with clients to improve<br />

clarity of cover, exchanging<br />

offshore business experience and<br />

clearly defining service scope.<br />

Offshore P&I is in essence<br />

commercial insurance policies<br />

sold by a mutual organisation.<br />

It’s a hybrid, somewhat out-ofthe-ordinary<br />

range of marine<br />

insurances and can be complicated<br />

to piece together. Hearing market<br />

reports about frustrated offshore<br />

shipowners and operators<br />

challenged by complex and often<br />

ambiguous insurance covers,<br />

<strong>Skuld</strong> decided to simplify its<br />

offshore cover to give clients<br />

clarity and a better understanding<br />

of the insurance they’re buying.<br />

“Before launching our offshore<br />

services, we researched the<br />

market and quickly recognised<br />

widespread frustrations. Simply,<br />

we removed the non-clarity found<br />

in P&I insurance rules and<br />

replaced it with fairness and<br />

awareness. We replaced<br />

uncertainty with certainty. All<br />

parties have benefitted,” says<br />

Greg. “The <strong>Skuld</strong> offshore terms<br />

6 beacon / NOVEMBER 2009


News feature<br />

PULLING TOGETHER<br />

/<br />

The offshore business requires in-depth knowledge and experience about the specific challenges of sophisticated vessels engaged in a wide range of specialised offshore activities.<br />

and conditions are testimony to<br />

the clarity of cover that we wanted<br />

the market to have.”<br />

<strong>Skuld</strong>’s offshore ambition is<br />

clear: it will be a major market<br />

provider of comprehensive<br />

insurance covers for owners,<br />

charterers and operators of<br />

vessels working in all offshore<br />

sectors. And service will be the<br />

key to success.<br />

The offshore business requires<br />

in-depth knowledge and experience<br />

about the specific challenges of<br />

sophisticated vessels engaged in a<br />

wide range of specialised offshore<br />

activities. Whether discussing<br />

issues about anchor handling,<br />

towing, ROV support, construction<br />

or maintenance work, insurers<br />

must be fully aware of the risks.<br />

Meeting the needs of the<br />

customer is all about anticipation,<br />

being proactive rather than<br />

reactive and looking for solutions<br />

beyond the everyday.<br />

Therefore, it is not a surprise to<br />

hear that <strong>Skuld</strong>’s offshore team<br />

is passionate, very passionate in<br />

fact, about phrases like ‘inside<br />

track’, ‘inside knowledge’,<br />

‘differentiating the risk’ and<br />

‘face-to-face’.<br />

“We know our business and see a<br />

valid basis for differentiation in<br />

the P&I offshore market. We<br />

intend to provide the market with<br />

services that meet the needs and<br />

wants. We understand that being<br />

dynamic, forward looking and<br />

innovative, like the clients we<br />

serve, is a big part of our offering,”<br />

says Greg.<br />

<strong>Skuld</strong> Offshore’s goal is not to tell<br />

the industry what to do, but to<br />

make the best insurance product<br />

through close client relationships<br />

and a hands-on team focused on<br />

keeping clients informed and<br />

promptly handling requests.<br />

“We do everything we can to<br />

provide invaluable offshore<br />

knowledge and expertise while<br />

offering all our clients truly<br />

personal service,” concludes<br />

Greg.<br />

/<br />

The Offshore team<br />

Gregory Thomas joined <strong>Skuld</strong> in 2008<br />

as SVP Head of Offshore. He has also<br />

worked for Subsea 7, STAR Reefers and<br />

the London P&I Club.<br />

Christofer Kobro joined <strong>Skuld</strong> in 2005<br />

in Defence and moved to Offshore in<br />

2008 where he works as Senior Executive.<br />

He has earlier experience from a law firm<br />

and the Norwegian Maritime Directorate.<br />

Bernt Hellman joined <strong>Skuld</strong> in 2008 as<br />

Client Servicing and Marketing Executive<br />

having worked previously for Subsea 7,<br />

Pohjola Non-Life Insurance Co. Ltd. and<br />

Sampo Industrial Insurance Co. Ltd.<br />

Anne Lise Ødegård has had several<br />

positions in <strong>Skuld</strong>; Accountant, Credit<br />

Controller and from 2000 as Underwriting<br />

Assistant for Syndicate 2. She joined<br />

Offshore in 2009 in the same position.<br />

Offshore also draws on claims handling and defence<br />

expertise from the other <strong>Skuld</strong> syndicates.<br />

beacon / NOVEMBER 2009 7


News feature<br />

PULLING TOGETHER<br />

<strong>Skuld</strong> client: eco<br />

Just how serious is Edison<br />

Chouest Offshore?<br />

Some people aren’t afraid of fully embracing the well-known American idiom, ”put your money<br />

where your mouth is”. Gary Chouest is one of these people. What he believes in, he supports.<br />

He is a doer and not a talker. And when he defines the company’s business goal: “to better<br />

service our customers” he – and the employees of the Louisiana-based Edison Chouest<br />

Offshore (ECO) company – are serious.<br />

But just how serious? Serious<br />

enough to own and operate six<br />

shipyards to build offshore ships<br />

better and more efficiently. Serious<br />

enough to develop two ports and<br />

turn them into multi-service<br />

marine complexes able to fully<br />

service any offshore client. Serious<br />

enough to develop in-house DP<br />

(Dynamic Positioning) and integrated<br />

bridge technology. Serious enough<br />

to have its own state-of-the-art<br />

training center undertaking a<br />

wide range of safety-driven<br />

activities from indoor helicopter<br />

rescue exercises and firefighting,<br />

to bridge and DP training. And<br />

the list goes on…<br />

ECO has been serious about<br />

developing advanced and highquality<br />

offshore service vessels and<br />

services when it established the<br />

Louisiana-based shipyard, North<br />

American Shipbuilding, in 1974. Two<br />

years later, it birthed its very own<br />

anchor handling tug supply vessels.<br />

The rest is history. Today, ECO<br />

owns a total of six shipyards and<br />

has built more specialized offshore<br />

vessels than any other company in<br />

the world. Further, it owns and<br />

operates a fleet of approximately<br />

185 offshore vessels worldwide<br />

with the majority in the USA,<br />

Mexico, Brazil and West Africa.<br />

At the end of 2000, ECO had a<br />

fleet of 50 offshore vessels, but<br />

wanted to expand. It launched a<br />

massive newbuild program and<br />

within four years took delivery of<br />

six deepwater supply vessels, two<br />

fast supply vessels, and, at that<br />

time, the world’s largest anchorhandling<br />

vessel, Laney Chouest.<br />

Since 2003, the core of ECO’s<br />

newbuild program has been a<br />

series of 42 new-generation<br />

4,750 DWT deepwater 280-ft<br />

offshore supply vessels. And<br />

according to ECO, the vessels<br />

have revolutionized the industry,<br />

performing remarkably well for<br />

clients in the US Gulf of Mexico<br />

and Brazil.<br />

But ECO is witnessing an evolution<br />

in the nature and function of its<br />

support vessel fleet. The move to<br />

deeper water requires more<br />

specialized and technically sophisticated<br />

vessels to support complex<br />

deepwater field developments.<br />

The 280-ft series is winding down<br />

giving way to a new series of<br />

twelve 300-ft, 5,300 DWT deepwater<br />

diesel electric offshore<br />

supply vessels.<br />

The propulsion systems have<br />

become more sophisticated,<br />

“ECO owns a<br />

total of six<br />

shipyards<br />

and has<br />

built more<br />

specialized<br />

offshore<br />

vessels than<br />

any other<br />

company in<br />

the world”<br />

fitting diesel-electric arrangements<br />

to provide greater flexibility to<br />

internal arrangements. The<br />

smaller footprint of the engine<br />

room offers alternatives for<br />

optimizing space for supporting<br />

rig operations, such as increasing<br />

liquid mud tank capacity to<br />

around 5,000 bbl.<br />

“Our diesel electric design<br />

complies with all new emissions<br />

standards and IMO regulations.<br />

This flexible design represents an<br />

efficient means of propulsion,<br />

resulting in improved fuel<br />

efficiency, increased control and<br />

lower maintenance costs,” says<br />

Gary Chouest, CEO.<br />

Supporting something that he<br />

strongly believes in, Gary<br />

confirms that all 12 ships will be<br />

built at ECO-owned shipyards in<br />

the USA and Brazil. Further, the<br />

vessels will incorporate a wide<br />

spectrum of Chouest services,<br />

from its own design and integrated<br />

bridge solutions, BridgeMate,<br />

to DP and integrated ROV/vessel<br />

solutions.<br />

“ECO will continue to provide<br />

new-generation vessels that<br />

meet the requirements of the<br />

deepwater operators,” says<br />

Chouest.<br />

8 beacon / NOVEMBER 2009


News feature<br />

PULLING TOGETHER<br />

/<br />

/<br />

About Edison Chouest<br />

Offshore<br />

/ Established 1960<br />

/ Owns affiliates specializing in offshore<br />

shipbuilding and repair, design,<br />

specialized equipment and offshore<br />

services<br />

/ USA’s largest independently owned fleet<br />

of specialist offshore vessels<br />

/ Currently building a series of 12 x 5,300<br />

DWT deepwater diesel electric offshore<br />

supply vessels at ECO yards<br />

C-port – ECO’s groundbreaking offshore terminal.<br />

/<br />

Covers<br />

With a fleet as large and diverse as that<br />

of Edison Chouest, specially crafted<br />

covers tailored to the fleet are required.<br />

/ Coverage is provided via a combination<br />

of ordinary P&I and specific extensions<br />

from Section B of <strong>Skuld</strong>’s Offshore<br />

Terms and Conditions<br />

/ Cover may include specialist operations,<br />

extra contractual liability cover, personnel<br />

and ROVs (Remotely Operated Vehicles)<br />

operating from third-party sites, etc.<br />

/ Limits of cover may depend on type of<br />

vessel and operation, and are tailored to<br />

fit with local statutory insurance and<br />

umbrella liability covers<br />

<strong>Skuld</strong> asks all partners to consult them for<br />

precise confirmation of operational cover.<br />

ECO’s state-of-the-art training center undertakes safety-driven activities from indoor helicopter rescue<br />

exercises and firefighting to bridge and DP training.<br />

Whether maintaining its own<br />

training center, upgrading its<br />

purpose-built ports designed to<br />

service the offshore industry, or<br />

making substantial shipyard<br />

investments complete with<br />

state-of-the-art equipment,<br />

ECO is all hands-on.<br />

Since 2002, ECO has paid some<br />

USD 22 million in safety bonuses<br />

to its vessel, shipyard and port<br />

facility crews. Putting your money<br />

where your mouth is – obviously<br />

not a problem at ECO.<br />

read more<br />

www.chouest.com<br />

beacon / NOVEMBER 2009 9


News feature<br />

PULLING TOGETHER<br />

<strong>Skuld</strong> client: Farstad<br />

Far from just<br />

average shipping<br />

If Far Samson is more than just an average offshore vessel, then<br />

Farstad Shipping ASA is more than just an average offshore company.<br />

Being far more than average suits Farstad Shipping just fine. The<br />

company’s framework for worldwide operations is built on above-theboard<br />

standards defining how they work and who they are.<br />

With their new generation of eco-friendly offshore vessels Far Samson,<br />

Far Sagaris, Far Scorpion and two upcoming newbuilds for delivery in<br />

February and April next year, Farstad Shipping is building a strong<br />

reputation for high and proactive environmental standards and crew safety.<br />

“We view health, safety, environment and quality as vital competitive<br />

advantages. The offshore sector continues to stipulate steadily stricter<br />

requirements concerning precision and safety to minimise the offshore<br />

industry’s impact on the environment,” says Børge Nakken, Head of the<br />

Project Department, Farstad Shipping ASA.<br />

Team with the best to be the best<br />

Nakken is proud of Farstad Shipping and especially Far Samson,<br />

underlining that in teaming up with the best, you become the best.<br />

“Together with in-house and external offshore professionals, Rolls<br />

Royce Ship Technology Offshore, and STX Norway Offshore Langsten<br />

with their key suppliers, we built an amazing ship. In addition to carrying<br />

out heavy-ploughing operations for pipes and cables on the seabed, it<br />

can also handle construction and installation work in ultra-deep<br />

water, towing, remote underwater vehicle (ROV) and other challenging<br />

subsea operations,” says Nakken.<br />

Far Samson’s main propulsion machinery and additional electric boost<br />

power produce a propulsion effect of more than 26,000 kW on the main<br />

propellers, giving maximum bollard pull of 377 tons using main<br />

propulsion propellers alone, or a record-breaking pull of 423 tons<br />

including the three azimuthing retractable thrusters.<br />

The multifunctional vessel can cut trenches in the seabed in water up<br />

to 1,000 m deep.<br />

“Far Samson<br />

is all<br />

about no<br />

compromise”<br />

Built according to DNV’s strictest<br />

environmental class ‘Clean<br />

Design’, Far Samson is iceclassed<br />

for operation in northern<br />

waters and has the highest<br />

redundant class for dynamic<br />

positioning (DP-3).<br />

“Reduced fuel consumption and<br />

NOx, CO 2<br />

and SOx emissions<br />

mean less impact on the environment.<br />

Equipment installed on Far<br />

Samson reduces NOx emissions<br />

by up to 95%. This is a ship for<br />

the future,” says Nakken.<br />

From Ålesund, Melbourne and<br />

Aberdeen to Rio, Singapore and<br />

Angola, Farstad Shipping will<br />

continue to expand its global<br />

footprint, actively involved<br />

in conventional offshore activities<br />

with a modest reach into<br />

demanding subsea and<br />

construction applications.<br />

<strong>Skuld</strong> Offshore partners with<br />

Farstad Shipping to provide a<br />

specialist service in arranging<br />

and structuring insurance portfolios<br />

to cater to the specific<br />

needs of vessels like Far Samson<br />

operating in demanding oceanic<br />

and legal environments.<br />

No compromise<br />

Far Samson is all about ‘no compromise’. All on-board installations<br />

aim to reduce annual overall fuel consumption without compromising<br />

the utilisation and performance of the vessel and safety.<br />

read more<br />

www.farstad.no<br />

10 beacon / NOVEMBER 2009


News feature<br />

PULLING TOGETHER<br />

/<br />

/<br />

About Farstad Shipping<br />

/ Established in Ålesund, Norway in 1956 it<br />

operates a fleet of 56 vessels (24 PSV, 29<br />

AHTS and three CSV with two more AHTS<br />

to come)<br />

/ Awarded the Heyerdahl Award in 2009 for<br />

its focus on environmental performance,<br />

efficiency and innovativeness<br />

/ Maintains that human resources are, and<br />

have been, a major critical success factor<br />

/ Signed a three-ship, NOK 580 million<br />

charter agreement with Brazil’s Petrobras<br />

/<br />

Covers<br />

Such offshore vessels are covered<br />

through a combination of mutual P&I and<br />

other covers based on <strong>Skuld</strong>’s Offshore<br />

Terms and Conditions – Section B.<br />

/ Coverage for liabilities not otherwise<br />

covered by the mutual entry, including<br />

liabilities for performing specialist<br />

operations, extended contractual<br />

liabilities and operation of ROVs (Remotely<br />

Operated Vehicles). These covers also<br />

include third party liabilities<br />

/ Limits available depend on type of<br />

contract and nature of operation. They<br />

do not typically exceed USD100 million<br />

/ Premium for certain contractual<br />

liabilities varies according to the type of<br />

contract typically executed<br />

The multifunctional vessel Far Samson – the most powerful offshore ship ever built – was awarded<br />

‘Ship of the Year 2009’ by the Offshore Support Journal.<br />

<strong>Skuld</strong> asks all partners to consult them for<br />

precise confirmation of operational cover.<br />

beacon / NOVEMBER 2009 11


News feature<br />

PULLING TOGETHER<br />

SKULD CLIENT: BARD<br />

The answer is blowin’ in the wind<br />

When Bob Dylan sang “Blowin’ in the Wind” released on his 1963 album,<br />

The Freewheelin’ Bob Dylan, he probably wasn’t thinking about wind<br />

energy. Grass roots revolutionist Dylan was, in his opinion, just stating<br />

the obvious; the answer to peace, war and freedom was clear, right in<br />

your face, like the wind.<br />

It’s obvious. The new revolution in<br />

electricity generation is wind – a<br />

domestic, inexhaustible source of<br />

free energy. “The fact that wind<br />

power is now mainstream is<br />

simply good news. Wind power is<br />

one of the cleanest and most<br />

environmentally wholesome energy<br />

sources in the world today. It is a<br />

powerful climate change solution,<br />

ready to deliver emissions reductions<br />

that are large in scale, effective<br />

immediately and affordable,” says<br />

Heiko Ross, Managing Director,<br />

BARD Holding GmbH.<br />

BARD is a company specialising<br />

in offshore wind and was the first<br />

company that focussed on<br />

developing, installing and operating<br />

offshore wind farms. In five years,<br />

BARD has developed into a<br />

unique turn-key supplier of<br />

offshore wind farms involved in<br />

all stages of the value chain:<br />

development of offshore wind<br />

farms; manufacturing of wind<br />

turbines, rotor blades and Tripile<br />

foundations; offshore installation<br />

of wind farms; and the operational<br />

management of offshore wind<br />

farms. BARD projects in the pipeline<br />

will generate more than 3,000<br />

megawatt nominal power supply<br />

in the North Sea area, which<br />

amounts to the power of two<br />

conventional large-scale power<br />

plants. Incidently, North Sea wind is<br />

most often force 4 or 5, but during<br />

the summer (May to August) the<br />

wind is 1 to 3. Winds are strongest<br />

in winter, reaching or exceeding<br />

force 7 for about five days a month.<br />

Wind turbines are a great resource<br />

for generating energy in remote<br />

locations such as the North Sea,<br />

but the industry faces several<br />

challenges in relation to water<br />

depths and the development of<br />

commercially efficient projects,<br />

from the improvement of turbine<br />

technology and production to<br />

economy-of-scale installation<br />

and wind farm management.<br />

“This offshore wind industry is new<br />

and we are in a fast-growing future<br />

market. Market standards are still<br />

developing and we are in the front<br />

row. The learning curve is steep<br />

and BARD as a pioneer can gain a<br />

lot of advantages,” says Heiko.<br />

The demand for new wind turbine<br />

installation and maintenance<br />

solutions led BARD to the drawing<br />

board to create a unique design<br />

for its own purpose built jack-up<br />

vessel, Wind Lift I. So far, floating<br />

cranes and self-elevating platforms<br />

– as used in the oil and gas<br />

industries – have been chartered<br />

for the installation of offshore<br />

wind turbines. Existing vessels<br />

were rebuilt and equipped with<br />

jack-up legs to transport and<br />

install offshore wind foundations<br />

and generators at locations close<br />

to shore in shallow waters. Wind<br />

Lift I, however, is specifically<br />

designed to install wind turbines<br />

in open seas at water depths<br />

up to 40 metres. “Our jack-up<br />

vessel is unique. It measures 102<br />

metres in length and is capable<br />

of hydraulically self-elevating out<br />

of the water on its four 70+ metre<br />

legs, thus offering a safe and<br />

stable platform to work on even<br />

during strong wind and heavy<br />

seas,” says Heiko. “Its 500-ton<br />

main crane has a maximum<br />

lifting height of 121 metres.”<br />

As a jack-up owner responsible<br />

for operation, crews and a new<br />

set of offshore dangers, such as<br />

vessel motions, sloshing, collisions<br />

and lift and maintenance operations,<br />

BARD turned to <strong>Skuld</strong>.<br />

/<br />

COVERS<br />

“Installing and maintaining wind<br />

turbines 100 km from shore poses<br />

a wide range of challenges. We<br />

needed a partner to assist us in<br />

coping with these challenges.<br />

<strong>Skuld</strong> understands risk management<br />

standards for mobile offshore<br />

units and the key insurance<br />

issues regarding health, safety<br />

and the environment,” says Heiko.<br />

read more<br />

www.bard-offshore.de<br />

Operations similar to Bard’s are covered through a<br />

combination of mutual P&I, and other covers based<br />

on <strong>Skuld</strong>’s Offshore Terms and Conditions<br />

– Sections A and B.<br />

/ Construction companies can seek to cover specialist<br />

operational liabilities not normally covered<br />

through ordinary P&I and gaps in their insurance<br />

for vessels executing works<br />

/ Covers may include or relate to certain aspects of<br />

towage, third-party liabilities during construction,<br />

specialist offshore platforms and installations, or<br />

even certain contractual liabilities<br />

/ Coverage for liabilities to the contractual work is<br />

not covered. Such liabilities are normally assumed<br />

under the Construction policy (CAR or BAR) or, in<br />

some circumstances, via indemnities from the<br />

contracting partner(s)<br />

<strong>Skuld</strong> asks all partners to consult them for precise<br />

confirmation of operational cover.<br />

12 beacon / November 2009


News feature<br />

PULLING TOGETHER<br />

/<br />

Wind Lift I is specifically designed to install wind turbines in open seas at<br />

water depths up to 40 metres.<br />

beacon / November 2009<br />

13


LEGAL<br />

ISSUES<br />

From New York<br />

No longer attached – Electronic Funds Transfers passing through New York banks are not the property of the defendant.<br />

THE END OF RULE B<br />

Court of Appeals issues a surprise decision: Electronic Funds Transfers (EFTs)<br />

are not ‘attachable property’ under Rule B.<br />

On October 15, 2009, the United<br />

States Court of Appeals for the<br />

Second Circuit, which covers the<br />

United States District Court for<br />

the Southern District of New<br />

York where most Rule B<br />

attachment cases are filed,<br />

issued a decision in The Shipping<br />

Corporation of India Ltd. v. Jaldhi<br />

Overseas Pte. Ltd. overruling<br />

Winter Storm Shipping, Ltd. v.<br />

TPI, 310 F.3d 263 (2d Cir. 2002)<br />

finding that Electronic Funds<br />

“The much<br />

used Rule B<br />

attachment<br />

of EFTs<br />

in New York<br />

is over”<br />

Transfers (EFTs) at intermediary banks are not the property of<br />

defendants and therefore cannot be attached. This, in effect, means<br />

that the much used Rule B attachment of EFTs in New York is over.<br />

Supplemental Rule B for Certain Admiralty and Maritime Claims<br />

(Rule B) states: “If a defendant is not found within the district…, a<br />

verified complaint may contain a prayer for process to attach the<br />

defendant’s tangible or intangible personal property – up to the<br />

amount sued for – in the hands of garnishees named in the process”.<br />

The remedy had traditionally been used to attach any property of the<br />

defendant, such as bunkers, real property, and funds held in bank<br />

accounts. However, the Winter Storm decision found that EFTs to or<br />

from a defendant are attachable as they pass through banks.<br />

14 beacon / November 2009


By Charlotte Valentin<br />

Assistant Vice President, <strong>Skuld</strong> North America<br />

charlotte.valentin@skuld.com<br />

LEGAL<br />

ISSUES<br />

/<br />

All wire-transfer transactions in US Dollars must pass through a US<br />

bank and the vast majority pass through a bank in New York. This led to<br />

the common practice of filing Rule B attachment lawsuits in federal<br />

court in New York.<br />

With Jaldhi the court specifically overruled Winter Storm. The court<br />

found that the Winter Storm court’s reliance on the Daccarett case,<br />

which allowed attachment of drug money was ‘misplaced’ because<br />

under forfeiture laws, funds that are not the property of defendants<br />

can be attached. Since the court found that there was no federal law<br />

on the issue, it looked to New York state law, which does not allow<br />

attachment of EFTs at an intermediary bank. Accordingly, the court<br />

found that EFTs possessed by intermediary banks were not the<br />

property of the defendants and cannot be attached.<br />

The decision emphasized the alleged burden on the district courts<br />

and the banks in dealing with Rule B attachments as well as the<br />

potential threat to the use of US Dollars in international transactions<br />

as a result of Rule B attachments. Also noteworthy is the fact that<br />

the only issue before the court was whether beneficiary funds (funds<br />

paid to the defendant) were attachable, but the court chose to look at<br />

the overall issue of whether EFTs are the property of the defendant.<br />

No one in the maritime legal community in New York expected the<br />

Second Circuit to look at that broader issue in this particular case or<br />

at this particular time. The court also used a very unusual procedure<br />

of polling all the judges on the court, all of whom agreed with the<br />

decision, instead of a formal en banc hearing.<br />

The decision is expected to be appealed. However, the Supreme<br />

Court has discretion whether or not to accept the appeal and may<br />

very well decide not to hear the case. The Jaldhi decision was not<br />

clear on what will happen with funds currently under attachment.<br />

This concerns both funds that remain under attachment at the banks<br />

and funds that have been deposited with the court registry. Nor was<br />

there any direction as to what happens to bonds or club LOUs issued<br />

either as a result of funds being attached or a Rule B filed with no<br />

funds attached. Some Southern District of New York judges have<br />

begun to issue Orders to Show Cause why Rule B cases should not<br />

be dismissed or simply dismiss them outright. Other judges have not<br />

taken any action on their Rule B cases and may wait to see whether<br />

there will be an appeal.<br />

There is concern among many of the New York maritime firms that it<br />

would create an ethical conflict for them to represent both plaintiffs<br />

and defendants in Rule B cases now that the issue is whether funds<br />

should remain under attachment. It would require them to make<br />

opposite arguments to the same judges on different cases. Accordingly,<br />

some firms are choosing to represent only plaintiffs or only defendants.<br />

Companies that have registered to do business in New York to avoid<br />

Rule B attachments must now consider whether to de-register. Such<br />

companies are subject to the unlimited general jurisdiction of the<br />

New York courts and may be sued in New York in respect of matters<br />

arising anywhere in the world,<br />

including suits to enforce foreign<br />

judgments and arbitration<br />

awards. The de-registration<br />

process can be time consuming.<br />

While the Jaldhi decision ends<br />

the common practice of filing<br />

Rule B attachments against<br />

EFTs in New York, the traditional<br />

use of Rule B attachment to<br />

attach property still exists.<br />

Accordingly, if information is<br />

available that a company has a<br />

bank account in a New York<br />

bank, owns bunkers on a vessel<br />

in New York, or owns any other<br />

property in New York, that property<br />

can still be attached providing<br />

the company does not have a<br />

presence in New York (by having<br />

an office or being registered to<br />

do business in New York). This is<br />

also true for any other jurisdiction<br />

in the US.<br />

read more<br />

www.skuld.com<br />

“Companies<br />

that have<br />

registered<br />

to do<br />

business in<br />

New York<br />

to avoid<br />

Rule B<br />

attachments<br />

must now<br />

consider<br />

whether to<br />

de-register”<br />

beacon / November 2009 15


Legal<br />

issues<br />

By Charles B. Anderson<br />

Senior Vice President and Head of Office, <strong>Skuld</strong> North America<br />

charles.anderson@skuld.com<br />

Washington update<br />

Regulations…<br />

and more regulations!<br />

Late summer brought a surge of rulemaking activity from the US Coast Guard that perhaps<br />

sees a shift from its focus on maritime security. New rules deal primarily with the requirements<br />

for responding to an oil spill in US waters and will significantly affect both tank and non-tank vessel<br />

owners and operators.<br />

New oil spill removal requirements<br />

for tank vessels and<br />

Marine Transportation Related<br />

(MTR) facilities<br />

On 31 August the Coast Guard<br />

issued a final rule, effective<br />

30 September 2009, which<br />

establishes nationwide industry<br />

requirements for new technology<br />

and revised methods of responding<br />

to oil spills in US waters and the<br />

Exclusive Economic Zone (EEZ).<br />

The new regulations will require<br />

tank vessel and MTR facilities to<br />

contract with response providers<br />

meeting new dispersant planning<br />

standards, such as the identification<br />

of dispersant staging areas<br />

and application platforms –<br />

including fixed-wing aircraft – as<br />

well as appropriately trained<br />

personnel, capable of deployment<br />

within seven hours of a decision by<br />

the Federal On-Scene Coordinator<br />

to use dispersants. Alternatively,<br />

planholders may designate an<br />

existing Oil Spill Removal<br />

Organization (OSRO) approved by<br />

the Coast Guard as meeting the<br />

new dispersant requirements.<br />

The rule also requires planholders<br />

to identify aerial tracking resources<br />

capable of arriving on scene in<br />

advance of the arrival of the<br />

response resources identified in<br />

the plan and for a distance of<br />

50 miles or more from shore.<br />

The compliance deadline for<br />

submitting changes to tank vessel<br />

response plans to demonstrate<br />

compliance with these new<br />

requirements is 22 February 2011.<br />

Extended compliance date for<br />

salvage and marine firefighting<br />

requirements<br />

In December 2008 the Coast<br />

Guard published a final rule<br />

establishing salvage and marine<br />

firefighting requirements for tank<br />

vessels. The rule required planholders<br />

to contract with salvage<br />

resources and established<br />

response time and drill and<br />

exercise requirements (see News,<br />

23 June 2009 on skuld.com). The<br />

compliance date was originally<br />

set for 1 June 2010. The Coast<br />

Guard’s 31 August final rule<br />

postponed the compliance date<br />

for the salvage and firefighting<br />

requirements to 22 February 2011,<br />

in order to coincide with the<br />

requirement for planholders to<br />

resubmit response plans pursuant<br />

to the final rule and avoid the<br />

need to update their response<br />

plans twice within a 12-month<br />

period. The Coast Guard intends<br />

to issue a Navigation and Vessel<br />

Inspection Circular (NVIC) in the<br />

near future to provide further<br />

guidance to industry on unresolved<br />

compliance issues, such as the<br />

use of Lloyd’s Open Form of<br />

Salvage Agreement to meet the<br />

contractual requirements.<br />

Proposed rules for non-tank<br />

vessel response plans<br />

On 31 August the Coast Guard<br />

also issued its long-awaited<br />

proposed rules for non-tank<br />

vessel response plans.<br />

The proposed rules would require<br />

non-tank vessel owners and<br />

operators to prepare and submit<br />

plans for responding to a worstcase<br />

discharge of oil and would<br />

impose other requirements<br />

similar to those in the current tank<br />

vessel response plan regulations.<br />

In addition, the proposed rules<br />

would align US domestic shipboard<br />

oil pollution emergency<br />

plan (SOPEP) requirements with<br />

the current international SOPEP<br />

requirements in MARPOL Annex I,<br />

and would require the submission<br />

of vessel response plan control<br />

numbers as part of the required<br />

notice of arrival (eNOA) information.<br />

The deadline for submitting<br />

comments on the proposed rules<br />

is 30 November 2009.<br />

What should members do about<br />

the new regulations?<br />

Members should carefully review the<br />

new rules, which are available at:<br />

http://edocket.access.gpo.<br />

gov/2009/pdf/E9-20311.pdf<br />

and<br />

http://edocket.access.gpo.<br />

gov/2009/pdf/E9-20310.pdf<br />

Members should also contact<br />

their designated spill managers<br />

and OSROs to insure they are<br />

taking the necessary steps to<br />

meet the new tank vessel<br />

response plan requirements well<br />

before the regulatory deadline.<br />

“compliance<br />

deadline for<br />

tank-vessel<br />

response planS:<br />

22 February 2011”<br />

read more<br />

For a more detailed <strong>version</strong> of this<br />

article, please see<br />

www.skuld.com/publications/Beacon<br />

16 beacon / November 2009


Current<br />

What do you think of <strong>Skuld</strong>?<br />

Member and broker survey 2009<br />

Thank you to everyone who took the time to answer our June survey.<br />

Your feedback is much appreciated.<br />

We commissioned the survey to highlight where we can improve and,<br />

in particular, how we can better serve our members and brokers.<br />

An electronic questionnaire was sent out via e-mail from a professional<br />

market research institute (Synovate in Norway) together with an<br />

introductory letter from our CEO. A reminder followed two weeks later.<br />

All our owner and charterer members and brokers registered with<br />

e-mail addresses were contacted. The survey was kept short and to<br />

the point to reduce respondent time and to hopefully increase the<br />

response rate. Unfortunately, this turned out to be disappointingly low<br />

at 21% (288 responses), which can weaken statistical reliability when<br />

breaking down results.<br />

However, there is a good division between members and brokers and<br />

results show a fair geographic spread. Furthermore, as 47% or 135<br />

respondents are in ‘top management’ and 53% or 153 respondents are in<br />

claims- or insurance-related positions, we have strong numbers in each<br />

main category. All these factors are good news for the study’s reliability.<br />

Why do members and brokers choose <strong>Skuld</strong>?<br />

Both members and brokers list service level as the most important<br />

factor when choosing <strong>Skuld</strong> as their P&I club (75% vs. 74%), followed<br />

by price level (50% vs. 46%) and financial strength (40% vs. 46%). In<br />

addition, several brokers left interesting comments on what would<br />

make them recommend <strong>Skuld</strong> more often to their clients.<br />

A positive view of <strong>Skuld</strong><br />

Respondents were asked to rate<br />

several statements regarding the<br />

club taken from an internal <strong>Skuld</strong><br />

cultural survey conducted last<br />

autumn. This measured staff’s<br />

general view of <strong>Skuld</strong> in relation<br />

to the club’s tagline ‘The new<br />

generation P&I club’ and how they<br />

rated <strong>Skuld</strong>’s performance according<br />

to its corporate values; Accurate,<br />

Bold, Caring and Dedicated.<br />

By using some of the same<br />

statements for the latest study,<br />

we can compare <strong>Skuld</strong> staff views<br />

with those of our members and<br />

brokers. Results are generally<br />

very positive.<br />

On <strong>Skuld</strong>’s communication<br />

Respondents seem to be open<br />

for wider use of electronic<br />

communication. Our website,<br />

Extranet (today including<br />

members’ or brokers’ claims<br />

reports and statistics) and <strong>Skuld</strong>’s<br />

Online Charterer Declaration all<br />

receive positive feedback from<br />

those who use them. However, we<br />

still face a challenge in attracting<br />

more web users and increasing<br />

usage of these extra services. On<br />

the other hand, we are happy to<br />

note that Beacon is well read and<br />

received. A total of 67% say that<br />

they read most or some articles.<br />

Many comments and suggestions<br />

Most respondents also commented<br />

on their technical or legal information<br />

needs and provided suggestions<br />

for changes and improvements<br />

they would like to see in <strong>Skuld</strong>.<br />

These comments and the survey<br />

results are now being evaluated<br />

and will be followed up with<br />

specific actions aimed at improving<br />

the club’s performance.<br />

Views of <strong>Skuld</strong> – comparison of current<br />

member and broker survey with the 2008<br />

<strong>Skuld</strong> internal cultural survey (%)<br />

Service level is the most important factor<br />

when members and brokers choose <strong>Skuld</strong><br />

as a P&I club<br />

Beacon appears to be well read<br />

among respondents<br />

<strong>Skuld</strong> is a well run and efficient P&I club<br />

25 50 14 2 1 7<br />

14 40 32 12 2<br />

<strong>Skuld</strong> is a modern and future-oriented P&I club<br />

22 50 16 2 2 9<br />

14 39 34 10 2<br />

1<br />

<strong>Skuld</strong> has employees with excellent qualifications<br />

24 48 15 2 2 9<br />

14 39 31 15 1<br />

Market survey 2009<br />

Agree strongly Disagree strongly Don’t know<br />

Cultural survey 2008<br />

Very close<br />

Not at all<br />

Service<br />

level<br />

Price<br />

level<br />

Financial<br />

strength<br />

Range of<br />

insurance covers<br />

Price<br />

predictability<br />

Standard & Poor<br />

rating (A-)<br />

14%<br />

6%<br />

12%<br />

17%<br />

9%<br />

11%<br />

Members<br />

50%<br />

46%<br />

40%<br />

46%<br />

Brokers<br />

75%<br />

74%<br />

Read most<br />

of it<br />

Read selected<br />

articles<br />

Read titles and<br />

some articles<br />

Just leaf<br />

through it<br />

Do not read<br />

the magazine<br />

Don’t know /<br />

Don’t know the<br />

magazine<br />

6%<br />

7%<br />

12%<br />

19%<br />

26%<br />

30%<br />

beacon / November 2009 17


Current<br />

From <strong>Skuld</strong>’s annual review<br />

Written by<br />

Name Surname<br />

Job title, <strong>Skuld</strong><br />

name.surname@skuld.com<br />

Intro text<br />

Text<br />

“quote from<br />

text”<br />

ALMOST INVISIBLE<br />

COMPLETELY INDISPENSABLE<br />

<strong>Skuld</strong> helps you manage risks more actively. We’re there<br />

all the time – often unnoticed – until the unexpected<br />

happens and our help is needed.<br />

18 beacon / NOVEMBER 2009


CURRENT Current<br />

/<br />

CONTAINERS OVERBOARD<br />

Environment:<br />

07:00 AM / 7 December 2007<br />

Off the South Korean coast<br />

Hebei Spirit oil spill<br />

<strong>Skuld</strong>’s proactive approach helped<br />

master and crew and facilitated<br />

innovative agreements, quick<br />

compensation and successful<br />

clean-up.<br />

People:<br />

Text 11:35 AM / 11 January 2007<br />

Atlantic Ocean off the US East<br />

Coast near Norfolk, Virginia<br />

36º 32’ N 73º 34’ W<br />

Personal injury at sea<br />

<strong>Skuld</strong> is committed to caring for its<br />

members. We are there in the background<br />

ensuring that everything goes<br />

as smoothly as possible.<br />

Property:<br />

00:18 AM / 8 December 2007<br />

Bay of Biscay, France<br />

48º 53’ N 04º 03’ W<br />

Containers overboard<br />

Invisible but always on call,<br />

<strong>Skuld</strong> ensures that members<br />

receive dedicated support.<br />

<strong>Skuld</strong> frequently works behind the scenes. often, the<br />

less visible we are the better we can do our job.<br />

In this year’s annual review, we took a closer look at what <strong>Skuld</strong>’s<br />

practical approach to customer service means on a day-to-day basis<br />

for our members and clients.<br />

People, property and the environment<br />

Through three case studies we examined how <strong>Skuld</strong> helps protect<br />

people, property and the environment. We followed members of<br />

<strong>Skuld</strong>’s staff as they helped members stay focused on their businesses<br />

by problem solving and providing general assistance.<br />

In addition, the full review included a report from <strong>Skuld</strong>’s CEO on the<br />

importance of transparency and how the club navigated through<br />

financial markets in turmoil. The chairman of the board referred to the<br />

completion of one of <strong>Skuld</strong>’s most successful renewals in recent<br />

times, no unbudgeted calls and yet another positive technical result.<br />

Commercial approach<br />

The annual review did of course include key figures and full accounts.<br />

In addition, <strong>Skuld</strong> Underwriting reported increased tonnage, declining<br />

average age of entered vessels and a growing focus on the offshoreenergy<br />

markets attracting new members and clients. Claims and<br />

defence reported a commercial approach with high-authority limits<br />

and short lines of command that helped provide fast solutions for<br />

members and minimised claims’ impact on members’ businesses.<br />

<strong>Skuld</strong>’s human resources<br />

referred to increased focus on<br />

corporate values and knowledge<br />

sharing and management as<br />

crucial elements.<br />

“quote <strong>Skuld</strong> works relentlessly from behind<br />

text”<br />

the scenes to help our members<br />

succeed. Although much of our<br />

work is ‘invisible’, we’re glad to<br />

say that our results are clear for<br />

all to see.<br />

More on <strong>Skuld</strong> Web<br />

As <strong>Skuld</strong> cares about the environment,<br />

we do not print our annual review.<br />

Instead, the review for the year ending<br />

20 February is published on<br />

www.skuld.com/publications.<br />

Full accounts were presented at<br />

our Annual General Meeting<br />

in September 2009.<br />

beacon / NOVEMBER 2009<br />

19


CURRENT<br />

By Ingeborg S. Berge<br />

Vice President Marketing & Communication<br />

ingeborg.berge@skuld.com<br />

an investment in the future<br />

Maritime trainee<br />

Stefan Gattberg<br />

When Stefan Gattberg was searching the web for trainee positions in<br />

shipping early 2008, he suddenly came across the Maritime Trainee<br />

programme of the Norwegian Shipowners’ Association.<br />

At that point, after taking a law<br />

degree at the University of Lund,<br />

Sweden, Stefan was busy finalising<br />

his MA in maritime law at the<br />

University of Oslo.<br />

– Stefan, why a trainee programme?<br />

I wanted to be more than a lawyer.<br />

I wanted broader competence<br />

and to be part of the international<br />

shipping business. I have always<br />

enjoyed sailing and spent almost<br />

four years in the Swedish Navy,<br />

so the maritime world seemed<br />

like a natural choice.<br />

– After applying, what happened?<br />

Scandinavian trainee programmes<br />

are very attractive (1,000 applicants<br />

for 25 positions, editor’s comment),<br />

so the tests and interviews were<br />

tough but exciting. I was very<br />

read more<br />

www.rederi.no<br />

www.maritim-trainee.no<br />

happy to succeed and to be<br />

accepted as a <strong>Skuld</strong> trainee.<br />

As part of the programme, I was<br />

offered a permanent position<br />

from day one, which has allowed<br />

me to focus on an exciting future<br />

in <strong>Skuld</strong>.<br />

– What has been your <strong>Skuld</strong><br />

experience so far?<br />

I started off with two months’<br />

claims handling in Oslo, continued<br />

with risk management and loss<br />

prevention and, during renewals in<br />

January and February, I experienced<br />

the most hectic time of the year<br />

in underwriting. This work has<br />

alternated with the programme’s<br />

academic modules in Norway<br />

and abroad. What has struck<br />

me the most about <strong>Skuld</strong> is the<br />

responsibility and authority<br />

limits given to <strong>Skuld</strong> claims<br />

handlers. When you also have a<br />

dedicated mentor, learning quickly<br />

is made easy.<br />

– What about the academic<br />

modules of the trainee programme?<br />

Getting to know the other maritime<br />

trainees has been very rewarding<br />

and gives me an important shipping<br />

network for the future. Also,<br />

when engineers, lawyers and<br />

economists work closely together,<br />

this often brings out very interesting<br />

and creative solutions.<br />

The visits to participating<br />

companies on the Norwegian<br />

west coast from Stavanger to<br />

Ålesund have given me a new<br />

/<br />

understanding of the size of the<br />

Norwegian shipping industry.<br />

Hidden in the fjords are impressive<br />

shipyards and world-leading<br />

companies in offshore technology.<br />

– Stefan, do you have time for<br />

anything outside work and studies?<br />

I like sports a lot; sailing, golf,<br />

tennis and downhill skiing in the<br />

winter. Since I grew up with three<br />

older brothers, competition has<br />

always been important to me.<br />

During my law studies I started an<br />

e-learning company with two<br />

fellow students where I am still<br />

involved to a certain extent.<br />

MARITIME TRAINEE<br />

/ A two-year trainee programme<br />

run by the Norwegian<br />

Shipowners’ Association on<br />

behalf of the maritime<br />

industry in Norway<br />

/ Trainees admitted to the<br />

programme hold master<br />

degrees in economics,<br />

technology or law and gain a<br />

broad understanding that<br />

qualifies them for many<br />

positions within the global<br />

maritime industry<br />

/ Trainees spend two years<br />

combining work in one of<br />

25 participating shipping<br />

companies, with academic<br />

programme modules in<br />

Norway, Singapore and London<br />

/<br />

Being a professional is a must<br />

to me, but I also believe in having<br />

an active social life. That is why<br />

I joined <strong>Skuld</strong>’s party committee<br />

and have had a great time<br />

helping organise parties and<br />

other events.<br />

Some will recognise Stefan from<br />

this year’s <strong>Skuld</strong> School where he<br />

was the chairperson. When this<br />

issue of Beacon is distributed,<br />

Stefan is on a three-month<br />

secondment with <strong>Skuld</strong> Hong Kong<br />

before returning to Oslo in January.<br />

What’s in it for <strong>Skuld</strong>?<br />

According to Trude Husebø,<br />

Senior Vice President, Human<br />

Resources in <strong>Skuld</strong>, the main<br />

benefits for <strong>Skuld</strong> are:<br />

/ The programme raises<br />

<strong>Skuld</strong>’s awareness within<br />

the future generation of<br />

maritime professionals and<br />

positions the club as an<br />

attractive place to work<br />

/ The programme presents<br />

<strong>Skuld</strong> with carefully selected<br />

and well-motivated candidates<br />

/ Participating in the programme<br />

helps <strong>Skuld</strong> become more<br />

focused on competence<br />

development and the kind of<br />

challenges expected by<br />

today’s ambitious and wellqualified<br />

students<br />

The experience so far has<br />

been very positive, and a new<br />

trainee will be introduced into<br />

<strong>Skuld</strong> for the period 2010–2012.<br />

20 beacon / NOVEMBER 2009


personnel<br />

news<br />

ORGANISATIONAL CHANGES<br />

Since Lehmann became Head of Office<br />

in Copenhagen she has combined<br />

syndicates into one and strengthened<br />

the management team.<br />

Photo: Helle Lehmann with Anders Ulrik.<br />

SKULD COPENHAGEN<br />

Helle Lehmann replaced Anders Ulrik as Senior Vice President, Head of Office in Copenhagen earlier<br />

this year (her profile can be viewed in Beacon, March 2009). Helle has subsequently reorganised the<br />

Copenhagen office into one syndicate with three main focus areas; underwriting, claims and FD&D.<br />

As part of this restructuring, she’s strengthened the management team and brought the syndicate sections<br />

closer together for the benefit of all Copenhagen members.<br />

1<br />

3<br />

2<br />

4<br />

/ Number of <strong>Skuld</strong><br />

Copenhagen staff<br />

members:<br />

34<br />

Other members of <strong>Skuld</strong><br />

Copenhagen’s management<br />

team:<br />

UNDERWRITING & MARKETING<br />

1 / Jan Katkjær<br />

Senior Vice President<br />

Jan Katkjær (54) joined <strong>Skuld</strong> in<br />

1982 as Claims Executive,<br />

Assistant Lawyer. He qualified<br />

as a Lawyer in 1985 and was<br />

admitted to the Court of Appeal<br />

in 1986 and to the Supreme<br />

Court of Denmark in 1991. From<br />

1993 to 1999 he headed <strong>Skuld</strong><br />

(Far East) in Hong Kong before<br />

becoming Vice President, Legal<br />

Affairs in <strong>Skuld</strong> Oslo. In 2000,<br />

Jan returned to Copenhagen<br />

and was appointed Senior Vice<br />

President, Deputy Head of Office,<br />

Copenhagen. Jan has a Master of<br />

Law degree from the University<br />

of Copenhagen and has studied<br />

maritime law and petroleum law<br />

at the Scandinavian Institute of<br />

Maritime Law in Oslo.<br />

2 / Michael Boje-Larsen<br />

Vice President<br />

Michael Boje-Larsen (43) joined<br />

<strong>Skuld</strong> in 1996 as Claims Executive,<br />

Assistant Lawyer. He qualified as<br />

a Lawyer in 1998. From 2000 to<br />

2004 he was Claims Manager at<br />

<strong>Skuld</strong> Hellas in Piraeus. In 2004,<br />

he returned to <strong>Skuld</strong> Copenhagen<br />

as Senior Lawyer and in 2008<br />

became Assistant Vice President,<br />

Lawyer. Michael has a Master of<br />

Law degree from the University of<br />

Copenhagen, an LLM in Inter -<br />

national Maritime Law from the<br />

University of Southampton and a<br />

MA in Marine Insurance & Risk<br />

Management from the University<br />

of Oslo.<br />

CLAIMS<br />

3 / Sandro Vuylsteke<br />

Vice President<br />

Sandro Vuylsteke (35) joined <strong>Skuld</strong><br />

in 2001 as Legal Assistant and<br />

was appointed Claims Executive,<br />

Assistant Lawyer in 2002.<br />

He qualified as a Lawyer in 2006.<br />

In 2008, Sandro worked for six<br />

months as Claims Executive at<br />

<strong>Skuld</strong> (Far East) Hong Kong, and<br />

later that year was appointed<br />

Senior Claims Executive, Lawyer<br />

at <strong>Skuld</strong> Copenhagen. Sandro<br />

has a Master of Law degree from<br />

the University of Copenhagen<br />

and has previously studied law at<br />

the Université Libre de Bruxelles.<br />

FD&D<br />

4 / Stig Gregersen<br />

Vice President<br />

Stig Gregersen (55) joined <strong>Skuld</strong><br />

in 1981 as Claims Executive,<br />

Assistant Lawyer. He qualified<br />

as a Lawyer in 1984 and was<br />

admitted to the Bar of the<br />

Danish Court of Appeal in 1986.<br />

He was appointed Vice President,<br />

Senior Lawyer in 1998. Stig has<br />

Master of Law and Master of<br />

Mediation and Conflict Resolution<br />

degrees from the University of<br />

Copenhagen.<br />

beacon / NOVEMBER / december 2009 200821<br />

21


PERSONNEL<br />

NEWS<br />

NEW EMPLOYEES<br />

1<br />

3<br />

5<br />

7<br />

9<br />

11<br />

2<br />

4<br />

6<br />

8<br />

10<br />

/ Average age of<br />

<strong>Skuld</strong> staff<br />

(all offices):<br />

44.3<br />

SKULD<br />

HAMBURG<br />

1 / Alexandra Hunstig<br />

Claims Executive<br />

Alexandra Hunstig (27) is appointed<br />

Claims Executive. Alexandra is a<br />

fully-qualified German lawyer.<br />

During her last two years as<br />

Legal Trainee she focused on<br />

maritime law, so she is well<br />

equipped for her new position.<br />

She will mainly deal with crewrelated<br />

matters, but will also<br />

handle other claims issues as well.<br />

2 / Jens M. Priess<br />

Assistant Vice President, Claims<br />

Jens M. Priess (45) is appointed<br />

Assistant Vice President,<br />

Claims. Jens is a fully-qualified<br />

German Rechtsanwalt (lawyer)<br />

with vast experience in both<br />

German and English maritime<br />

law. He worked for a number of<br />

years with an international<br />

maritime law firm, as well as<br />

the UK P&I and Defence Clubs<br />

in London, and comes to <strong>Skuld</strong><br />

from Ince & Co., Hamburg.<br />

SKULD<br />

OSLO<br />

3 / Stine F. Bendixby<br />

Executive Assistant<br />

Stine F. Bendixby (28) is appointed<br />

Executive Assistant to the<br />

Management Group in Oslo.<br />

Stine has a four-year Bachelor’s<br />

degree in International Marketing<br />

and experience as Executive<br />

Assistant from McKinsey &<br />

Company. She has spent the last<br />

two years working in California<br />

and Toronto, most recently for<br />

Aker Metals, a division of Aker<br />

Solutions Canada Inc.<br />

4 / Inger Margrethe Holm<br />

Claims Assistant<br />

Inger Margrethe Holm (31) is<br />

appointed Claims Assistant in<br />

Oslo Syndicate 1. Inger<br />

Margrethe has a Bachelor of<br />

Arts in Communication from<br />

the University of Newcastle,<br />

Australia. Since 2002, Inger<br />

Margrethe has worked as<br />

Secretary/Web Manager at the<br />

law firm Brækhus Dege ANS<br />

and as Project Manager at the<br />

advertising agency Uncle Grey<br />

Oslo AS.<br />

5 / Helen Mageli Husøy<br />

Executive HR<br />

Helen Mageli Husøy (35) is<br />

appointed Executive HR in Oslo.<br />

Helen has worked with human<br />

resources in different service<br />

companies, such as Accenture<br />

and Kelly Services. She holds a<br />

Bachelor’s degree from the<br />

University of Oslo where<br />

she specialised in ‘work and<br />

organisation’.<br />

6 / Thomas André Hessel<br />

Jacobsen<br />

Claims Executive<br />

Thomas André Hessel Jacobsen<br />

(33) is appointed Claims Executive<br />

in Syndicate 2, Oslo. Thomas<br />

comes from a position as Claims<br />

Manager in Torm A/S, Denmark.<br />

He has an LLM from the University<br />

of Aarhus and an LLM in Maritime<br />

Law from the University of<br />

Southampton.<br />

7 / Hilde Søbstad Løvskar<br />

Claims Assistant<br />

Hilde Søbstad Løvskar (25) has<br />

started as part-time Claims<br />

Assistant in Syndicate 1, while<br />

finalising her Norwegian law<br />

degree. She has previously taken<br />

a Master of Maritime Law degree<br />

at Aix-en-Provence in France.<br />

8 / Merethe Nydahl<br />

Assistant, Accounting<br />

Merethe Nydahl (44) has been<br />

appointed Accountant Assistant in<br />

the Oslo accounting department.<br />

She has a financial background<br />

from companies such as<br />

Inter national Maling AS and Areva<br />

T&D AS, where she was in charge<br />

of administration and accountingrelated<br />

assignments.<br />

9 / Göran Skuncke<br />

Assistant Vice President,<br />

Underwriting<br />

Göran Skuncke (44) has<br />

returned to <strong>Skuld</strong> as Assistant<br />

Vice President, Underwriting in<br />

Syndicate 2. Göran worked with<br />

<strong>Skuld</strong> as Claims Executive/<br />

Claims Manager for seven years<br />

before joining marine insurance<br />

brokers Marsh in 2007.<br />

10 / Hilde Njøs Vang<br />

Risk Analyst<br />

Hilde Njøs Vang (25) is appointed<br />

Risk Analyst in <strong>Skuld</strong>’s Finance<br />

Department, Enterprise Risk<br />

Management. Hilde has just<br />

graduated from Copenhagen<br />

Business School with an MSc<br />

in Finance and Strategic<br />

Management.<br />

11 / Ann-Charlotte Zervens<br />

Claims Executive<br />

Ann-Charlotte Zervens (27) is<br />

appointed Claims Executive<br />

in Syndicate 2. Ann-Charlotte<br />

formerly worked with Birgitta<br />

Melanders Advokatbyrå in<br />

Stockholm. She is a Lawyer from<br />

the University of Stockholm and<br />

has studied Maritime Law and<br />

English Contract Law at the<br />

University of Oslo.<br />

22 beacon / march 2009 beacon / december 2008 22


news<br />

SOME CURRENT CASES AND OTHER SKULD NEWS<br />

/ Electric shock off Samoa<br />

While cleaning the decks with a<br />

high-pressure hose, a crew<br />

member on a tuna-fishing boat<br />

from American Samoa claims to<br />

have suffered electric shock<br />

followed by congestive heart failure<br />

after grabbing onto portable<br />

lighting. The crew member filed<br />

suit against his employer alleging<br />

negligence and unseaworthiness.<br />

The owner, however, denies<br />

liability and causation.<br />

/ Beware of sulphur cargoes<br />

Following carriage of a cargo of<br />

sulphur granulate, the tank tops,<br />

bulkheads and piping in the holds<br />

of a less than one-year-old vessel<br />

were found to be corroded. Because<br />

of the good commercial relationship<br />

between the parties involved<br />

(owners, time charterers, voyage<br />

charterers and shippers – two of<br />

whom are entered with <strong>Skuld</strong>),<br />

the inspection of the vessel and<br />

sampling of the cargo were carried<br />

out jointly. This case will be<br />

investigated in order to hopefully<br />

find the cause(s) of the high<br />

corrosion level and prevent this<br />

from recurring in the future.<br />

Facts<br />

<strong>Skuld</strong> premium distributed according to<br />

geographical regions, October 2009<br />

12%<br />

NORWAY<br />

14%<br />

Scandinavia ex. Norway<br />

13%<br />

Germany<br />

7%<br />

Greece<br />

23%<br />

Rest of Europe<br />

13%<br />

Americas<br />

15%<br />

Far East<br />

3%<br />

Other<br />

SOURCE: <strong>Skuld</strong> underwriting<br />

/ Whale in Antwerp<br />

Members found a 15-metre-long<br />

humpback whale dead on the<br />

bulbous bow when entering the<br />

Port of Antwerp. In order to remove<br />

the whale, the main engine was<br />

put slow astern and a tug assisted<br />

in pushing the whale off the bow.<br />

For environmental and navigational<br />

reasons, the authorities required<br />

removal of the whale from the<br />

water. The whale was fastened to<br />

a tug and pulled ashore at high<br />

tide with the assistance of a crane<br />

barge and a fire brigade rescue<br />

boat. The authorities ordered the<br />

cadaver to be cut up and removed<br />

from the beach before next high<br />

tide. A waste processing firm carried<br />

out the work while enthusiastic<br />

scientists and biologists inspected<br />

the remains. The association decided<br />

to cover this unusual case under<br />

Rule 14.1 (Pollution).<br />

The whale was pulled ashore at high tide.<br />

Read more on<br />

www.skuld.com<br />

/ New nuclear regulations<br />

Regulations effect members in<br />

two major ways: 1) the categories<br />

of materials covered by the<br />

regulations and 2) the requirements<br />

placed on carriers.<br />

/ Focus on clauses<br />

We are regularly asked to provide<br />

clauses for members or to<br />

comment on proposed clauses.<br />

This experience is being used to<br />

build up a ‘clause library’.<br />

New edition<br />

SPARKS & COPPERS<br />

STEEL: CARRIAGE BY SEA<br />

Informa recently announced the publication of the fifth edition of this<br />

classic work. The editior is Frans Coppers, one of the most experienced<br />

surveyors and experts in the field. He has worked closely with <strong>Skuld</strong><br />

claims handlers on steel and other cargo damage cases for many years.<br />

He specifically acknowledges the assistance of Charles Anderson and<br />

Renan Alamina of <strong>Skuld</strong>’s New York office in connection with legal and<br />

practical issues associated with steel claims.<br />

The new edition covers such topics as the different types of steel<br />

products and packing requirements, procedures for loading and stowage<br />

of steel cargoes, maintenance of hatch covers and tank tops, cargo<br />

documentation, loss prevention, damage surveys, and the reconditioning<br />

of damaged steel products. The publication can be ordered through<br />

Informa at www.informapublishing.com/steel (GBP 265 per copy).<br />

Mr Coppers also cites <strong>Skuld</strong>’s reference guide Carriage of Steel<br />

Cargoes, edited by Hans Jørgensen (now in its second edition) for its<br />

excellent discussion of pre-shipment surveys and current recommended<br />

cargo-condition clauses. The <strong>Skuld</strong> guide has also received praise from the<br />

International Maritime Organisation for its contribution to safety at sea.<br />

Members can order copies of <strong>Skuld</strong>’s guide free of charge on<br />

www.skuld.com/publications or by contacting postal@skuld.com.<br />

Non-members can order from www.witherbyseamanship.com/<br />

category/SKULD.htm (GBP 10 per copy).<br />

beacon / November 2009 23


<strong>Skuld</strong><br />

magazine<br />

next issue<br />

out MARCH 2010<br />

HAZARDOUS<br />

CARGO<br />

Certain types of cargo may start living their own lives<br />

on board vessels, resulting in corrosion, dislocation,<br />

liquefaction or other serious consequences. In some<br />

circumstances, this may prove hazardous to the vessel,<br />

its crew or the environment. For the March issue of<br />

Beacon we will examine a few of our recent claims<br />

files to see what lessons can be learnt from them.<br />

about skuld<br />

As the New Generation P&I Club,<br />

<strong>Skuld</strong> provides liability insurance<br />

to New Generation shipowners and<br />

clients in the shipping industry.<br />

The head office for our global<br />

operations is located in Oslo,<br />

with additional offices in Bergen,<br />

Copenhagen, Hamburg, Hong Kong,<br />

Moscow, New York and Piraeus.<br />

24-hour<br />

emergency<br />

number<br />

+47 952 92 200<br />

Call this number if you have<br />

an emergency incident where<br />

<strong>Skuld</strong> can assist.<br />

beacon back issues<br />

For back issues of Beacon, please go to the publications<br />

section of our website. You can print an entire issue or<br />

use the table of contents to select individual articles.<br />

Earlier editions<br />

www.skuld.com<br />

(Publications: Beacon)<br />

RUSELØKKVEIEN 26<br />

NO-0251 OSLO<br />

P.O. BOX 1376 VIKA<br />

NO-0114 OSLO<br />

NORWAY<br />

TEL +47 22 00 22 00<br />

FAX +47 22 42 42 22<br />

skuld.com

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