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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 />
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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