Welcome!
Average Adjusters are expert in the law and practice of marine insurance and general average; they provide a professional and independent view on the claims arising from marine casualties. The Association of Average Adjusters was founded in 1869 with its prime objects the promotion of correct principles in the adjustment of marine insurance claims and general average, uniformity of practice amongst Average Adjusters and the maintenance of good professional conduct. Fellows of the Association have demonstrated their expertise by rigorous examination.
This Site
The purpose of this site is not only to provide information regarding the Associaiton and its Fellows, but also to act as a resource of information which wiil be of interest and assistance to its members and to the shipping and marine insurance industries, in particular. All categories of membership have access to additional resources.
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“A WAY WITH WORDS”
Market Seminar - 19th March 2008
The Association’s first market seminar of 2008 was held at the Balls Brothers, Mincing Lane, London on 19th March 2008 to consider issues arising from the drafting and interpretation of policy wordings.
The Chairman, Richard Cornah, welcomed the participants to the seminar and mentioned that invitations to purchase tickets for the Association’s Annual Dinner on 8th May 2008 had just been posted. He drew attention to the fact that this year’s event would be held at the Sheraton Park Lane Hotel, as the usual venue was being refurbished. The Chairman then introduced the speakers; Michael Harvey, Fellow and past Chairman of the Association and Tim Taylor, partner in London solicitors Barlow Lyde & Gilbert.
Michael Harvey mentioned that although disputes concerning the intent of coverage and the interpretation of the language of marine and energy insurance policies are becoming more prevalent, many of them might have been avoided had more care been exercised in drafting the language of the policy. After giving examples of particularly poor drafting, where the intention of the drafter was not at all clear, Michael Harvey then explored issues concerning the use of terms in their correct context; such as “insured value” and “sum insured”. These terms have particular implications as to whether the subject-matter of marine insurance policies is insured on a valued or unvalued basis.
Other problem issues highlighted included the use of numerous terms intended to mean the same thing, attempts to introduce positive cover via exclusion clauses and the apparent failure to read a policy in its entirety to eliminate inconsistencies and conflicts.
Tim Taylor provided a legal overview of the issues of intent and policy construction. After reviewing recent legal history concerning the interpretation of policy language, he explained the rules to be applied and, in particular, highlighted that words should be given their natural and ordinary meaning unless that meaning flouts business common sense and that evidence of the subjective intent of the parties was not relevant.
Tim Taylor also dealt with the issue of contre preferentum and pointed out that it should not always be assumed that wordings should be construed against underwriters. With regard to exclusion clauses he explained that they are always construed strictly and that the burden of demonstrating that they apply, rests with those asserting so. Finally, he outlined the problems of assuming that foreign laws are the same as English law and illustrated the issue by reference to a claim involving both of the speakers which required the application of Iranian insurance law.
After taking questions from the floor, the Chairman concluded proceedings by thanking the Speakers.
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Annual General Meeting
Please note this will be held on 8 May 2008 in Lloyd’s Old Library, times and subject to be confirmed.
Annual Dinner
Due to the refurbishment of the Savoy hotel our annual dinner will be held at the Sheraton Park Lane Hotel, Piccadilly, London W1J 7BX. Booking forms will be send out in March 2008
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"An Introduction to Hull Claims"
This useful document, prepared by Richard Cornah and Paul Rowland on behalf of the Association, is now available for download in the Fellows' and Subscribers' Areas.
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EXAMINATIONS 2008
The examinations of the Association of Average Adjusters will be held in April and October 2008 - see Examinations section for further details.
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Dates for your Diary:
Wednesday 7th May 2008 - Fellows Private Meeting
Thursday 8th May 2008 - Annual General Meeting and Dinner
| Become an Annual Subscriber The Association of Average Adjusters has been in existence since 1869. It was then and is now, a source of expertise in marine insurance and maritime matters. The core membership comprises Fellows who have qualified by passing the Association's examinations. However, an important category of membership is Subscribership. [more] |
Examinations The Association’s examinations are open to all who wish to take them, provided they have a bona fide interest in marine insurance or the marine industry in general. The examinations required for the categories of membership are as follows:...[more] |
| Dispute Resolution Average Adjusters are natural mediators; our profession grew out of the need for people in the market to in help people reach fair settlements. The strengths and advantages of Average Adjusters are that we are practical, experienced generalists, who can understand and interpret clearly the views of specialists and help to reach sensible solutions on maritime casualties and claims. Our examination topics cover not just...[more] |
Annual Reports The Annual Reports of the Association comprise transcripts of the procedings at the Annual General Meeting including the Chairman's Address. The Annual Report for 2006 is now available; click the link below to download: Earlier Reports are available in the Subscribers' Area. |