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Personal Injury Bulletin, April 2016

News & Insights 18 April 2016

Each edition of the Standard Bulletin centres on one key P&I risk. This edition highlights personal injury, as these claims account for almost 30% of notifications to the club.

Each edition of the Standard Bulletin centres on one key P&I risk. This edition highlights personal injury. The full bulletin is attached on the right. Please find below an overview of the articles:

The fighter, the show-off and the toenail: navigating the murky waters of maintenance and cure in the USA
A crew member who has been celebrating with friends on shore leave is injured. Does the shipowner have to pay for his medical treatment? This and other scenarios are explored in the context of the shipowner’s duty to pay maintenance and cure.

Identity crisis: why figuring out seaman status in the US should always be a priority
As shipowners and operators continue to diversify within the USA, they may increasingly find themselves facing claims brought by their employees that raise difficult, but important, issues concerning Jones Act seaman, longshore/harbour worker and dual capacity employer status. The distinction between a seaman and a longshore/harbour worker is critical in the US, in terms of both the legal obligations owed by the employer and the P&I insurance coverages that may apply.

Norovirus not a ‘defect in the ship’
The recent decision of Nolan v TUI UK Ltd heard in the Central County Court marks a landmark decision for the cruise industry in defending personal injury claims arising from outbreaks of Norovirus.

Deviation expenses for landing sick, injured or deceased people
A ship may deviate from a contracted voyage for a number of reasons, one being to land sick, injured or deceased people. Such deviations can sometimes have consequences under the relevant charterparty and bills of lading (if laden). Deviations can also have ramifications in respect of a member’s P&I cover.

Overview and new trends in the Italian compensation regime for accidents at work and occupational diseases
This article looks at the compensation regime in Italy in respect of accidents at work and occupational diseases, and considers the widening of exposure to members following recent trends in the decisions of the Italian courts.

Crew death: an overview from a Singapore perspective
It is always tragic when a crew member dies at sea. Whilst understanding the emotional impact on the crew and family of the deceased, a guide as to what can be expected in the due process may assist members to cope during this difficult time. We consider the subject of crew deaths on board a vessel which is in Singapore or due to call at Singapore in the course of or at the end of her voyage.

Improving hazard awareness
The winners of the Standard Club and the International Chamber of Shipping ‘Spot the Hazard’ competition were announced at the end of 2015 We consider this competition a successful example of how large maritime organisations can interact with seafarers to advance the cause of safety at sea. This article looks at what can be learned from the results.

Club review of crew contracts
The majority of crew personal injury and illness claims arise pursuant to the applicable crew contract of employment. This sets out the terms and conditions of a crew member’s service on board a ship and their relationship with their employer, which will often be a crew management company. This article looks at the review process for crew contracts and collective bargaining systems and why it is important.

Why would I need directors’ & officers’ liability insurance?
Many people fail to realise that their personal property may be at risk from their conduct in a professional capacity. This article intends to give some examples of the nature of claims and the possible effect on the individuals to which a directors’ & officers’ (D&O) policy would respond.

Staff spotlight
The Standard Club is supported by a global network of 650 correspondents located in over 130 countries. Our staff spotlight this week turns to James Cross, who manages the relationships with them.

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