It is recognised that many claimants now see the attending surveyor to be the "face" of their insurer and expect the surveyor to have all the answers. We are always careful to bear this in mind but will always refer questions relating to policy response, coverage, terms and conditions and the like to insurers for action. Unless specifically instructed we will never confirm claim acceptance or otherwise with the claimant.
Our reports customarily follow a clear block indented style with headings for all major sections of information. Reports in the style of the Lloyd's Agency Schedule 'C' are available on special request.
We understand that insurers may have guidelines as to the extent of surveyors' work. Manu Marine will always accept definite instructions as the limit of the work required. These may be one or more, for example, of the following:-
This position is often blurred because we are frequently seen as agents of the insurer. Nevertheless we strive to keep our viewpoint impartial and report solely on the facts and circumstances of a case.
Our reports will always be specific on the facts regarding the reservation of recovery rights, the lodging of pro-forma claims,responses of third parties to joint surveys and the like.
However we refrain from commenting on third party liability and recovery prospects unless specifically requested to do so. Frequently we will use a phrase, such as: "The matter of recovery is now referred to insurers", when closing a report to indicate that we will not take any further action regarding recovery or the preservation of time from that point on.
If specifically requested we will consider pursuing recovery against third parties and preserving time on behalf of the claimant or insurer but will always confirm beforehand if the work is to be conducted on a "no cure no pay" or "time and trouble"; basis.
We do not profess to be recovery experts but we do ensure that rights of recovery, wherever possible, are protected when we become involved in a claim from the outset or even later down the track.
We also recognise that it may be prudent for legal advisors to be involved from the outset of a casualty. In such cases we will call our principals immediately to advise if we have any such concerns.
Later and if the circumstances are clear enough, then we are often able to start the recovery process on behalf of a client or their principal. If we foresee complications or are unable to progress we refer the matter to our principals for review.
In all cases we seek specific instructions regarding our involvement in recoveries and will obtain confirmation that they be carried out either on a 'No cure No pay' (Lloyd's' Scale fees apply) or; on a 'time and trouble' basis.
We maintain good working relationships with local maritime lawyers.
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