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Underwriting judgement: a fleet with a poor claims record and a sanctions flag

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Underwriting judgement: a fleet with a poor claims record and a sanctions flag

A shipowner seeks renewal of H&M and P&I for a fleet of 8 vessels (average age 16 years, mixed flags). The fleet has had 5 H&M claims in 3 years totalling USD 4.2 million against USD 6.0 million of premium, plus two P&I crew claims. One vessel traded to a sanctioned port in the last policy year; the owner says it was 'human error by the chartering desk'. The owner also has a subsidiary registered in a jurisdiction with weak beneficial-ownership transparency. The H&M policy is up for renewal with a 15% rate increase proposed by the incumbent. The broker asks you to assess whether to write the risk and on what terms.

1. Assess the loss ratio and the underwriting decision.

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Loss ratio = 4.2m / 6.0m = 70% on H&M alone, before expenses; adding the P&I crew claims and expenses likely pushes the combined ratio above 100%. A 15% rate increase is unlikely to be sufficient unless the claims trend is improving. The underwriter should: (a) analyse the 5 claims by cause (machinery, navigation, cargo) to see if they are systemic; (b) consider age-related machinery claims; (c) impose a higher deductible and possibly a claims-cooperation condition; (d) require a fleet risk-management review. The decision should be to write only with conditions: increased deductible, improved maintenance warranties, and a sanctions-compliance warranty.

2. Address the sanctions and beneficial-ownership issues.

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Trading to a sanctioned port is a serious red flag. The insurer must confirm: (i) whether the voyage breached applicable sanctions (UN, EU, UK, US OFAC); (ii) whether the owner had procedures to screen charters; and (iii) whether the 'human error' explanation is credible or a pattern. The weak-transparency subsidiary raises AML/KYC concerns; the insurer should obtain beneficial-ownership information and confirm no sanctioned individuals are involved. Conditions: a sanctions-compliance warranty, exclusion of liabilities arising from sanctioned trades, and a right to cancel if sanctions are breached. The insurer should also consider whether the P&I club's rules permit cover for such trades. If satisfactory answers are not provided, decline the risk.