Dali owner file petition to cap liability in Baltimore bridge collapse at $43.7M
mdd.uscourts.gov
mdd.uscourts.gov
Marine insurance is one of the oldest types of insurance and antique in some respects, with large vessels covered by several underwriting firms. So potentially this is a massive financial hit for multiple companies if there is not a limit on liability.
Ultimately, someone will have to pay to rebuild the bridge. In the event of really big claims, it almost always end up being whoever has the deepest pockets. The process of discovery will list out who all the owners are and how much their policies cover this claim (whether intentionally or not!).
As counterintuitive as this may sound, the insurance and reinsurance companies are actually pretty well equipped to handle this type of event. The underwriter(s) on the other side of policy will have to report the claim to their boss and the report will show they followed company guidelines. The boss can only shrug her shoulders and say "welp, can't be too mad because this is the business we are in." No one is particularly thrilled about paying the claim, but these situations are exactly why insurance was created. (For context, the "small" claims of $1M -> $10M hurt the most because they are the ones that throw off underwriter's models the most and cause the most unprofitability)
* - Yes, that's really his name: https://en.wikipedia.org/wiki/Chris_Moneymaker
It seemed like bookies really did adjust their expectations or their risk appetite for long-tail events in this market. And they were probably correct to do so.
A bookie isn't trying to gamble on the outcome; they're trying to get the bets to all balance out so that no matter what the outcome they take in enough money from the losers to pay the winners with some profit leftover.
As more people bet on a specific outcome, they will lower the odds to make sure that the pool of money taken in is still big enough to pay out if that outcome happens.
I'm not much into betting, but will not the odds change also based on how people are betting. So if many people started to bet on the unexpected result, due to for example that the unexpected Leicester team won last time, wouldn't odds tighten up automatically?
Yes IMO. It might be more rigorous to say: before 2016 there were always a handful of teams priced at 5000-1, after 2016 there were not. The league didn't objectively get more competitive.
> So if many people started to bet on the unexpected result, due to for example that the unexpected Leicester team won last time, wouldn't odds tighten up automatically
Definitely possible, and would explain the effect regardless of whether the punters were smart money Nicholas Taleb types who spotted that black swans were systematically underpriced, or gamblers dreaming of another Leicester payday.
Concentrated downside, distributed upside. I doubt the individual bookie is happy.
It seems, like in other industries, being large helps to weather out such rare events.
It’s not mentioned in the movie. I have to guess that they only do that if there is a large bet pending, rather doing it to all the long shot horses.
Some gambler dropping a 10k bet, and have her put $1k on the horse is enough to really rock the odds. Perhaps, mob accounting is not my specialty. And, of course, it’s just a movie.
I assume ships are required by law to have insurance before being allowed to go in certain places, to make sure damage they cause is covered. But that would make it hard to sell "better" insurance than the legal minimum when it comes to catastrophic claims.
Automakers might get a payout for the shipping delays, but people waiting longer for their new car won’t see any of it.
The people’s commutes that will be X minutes longer for the next while will have to just suck it up.
Same for anyone paying a few percent more for goods that have to be imported through other ports.
Quite possible the captain has their own liability insurance. Dunno how the professionalization works at sea.
If I remember correctly they made the ship steer of course quite sharply. If the pilot dropped anchor and made the ship do that they might be in error.
As for the anchor, you seem to misunderstand the basics of ship handling.
To me it seems like the boat steers of course after regaining power. Am I imagining things? I guess it could happen by chance too, as drift takes on?
Look at the graphic at the bottom of that link. Basically, there are multiple levels of insurance in the P&I space (property and indemnity insurance common in marine insurance). Insurance companies purchase their own insurance, aka reinsurance. The levels of reinsurance can be multiple layers deep. Insurance companies form clubs to spread out the risk to multiple entities.
This stuff will be tied up in claims and courts for years to come.
Another poster linked to a USC section protecting the ship owner on the basis of them not knowing anything that caused the loss. So that is what it is.
Ok, but why would a ship manager also be able to benefit from such a limitation ? The USC section doesn't say anything about the manager, and unlike the owner, the manager was by definition an active participant in the casualty.
Nah, the re-insurances actually are used to big hits. Munich Re, one of the biggest in the world if not the biggest, pays out billions of dollars a year from nature disasters [1].
[1] https://de.statista.com/statistik/daten/studie/200297/umfrag...
Business is about managing loss. Nothing more. No further emotional support required.
With that being said, Westchester may elect to purchase reinsurance to further reduce their risk. If they know the volatility of a policy is high or want to limit their potential losses, Westchester can buy a reinsurance policy to cover the long tail of their written policy. So if Westchester gets unlucky and has to pay into that long tail (ie an unforeseen mega catastrophe occurs and they are on the hook), they will then submit a claim to their reinsurance carrier who reimburses them on the backend. As a recipient of that policy payout, you will only ever see Westchester's names on the checks. Also, Westchester's parent company, Chubb, has a reinsurance treaty which basically helps protect them from any crazy one time loss. The reinsurance/retrocession market is fascinating! It truly is insurance policies all the way down.
Who is the ultimate insurer without any insurance backing? I’m guessing every topic of loss has a different insurance company. Massive fire damages (electric company wild fire) is by one firm. Massive equipment destruction (crane collapse) is by another firm. But there has to be an ultimate uninsured bag holder. (I remember Warren Buffet once saying he will be allocating $10 billion for insurance, I guess in a savings account just in case anyone needs it while he is offering insurance plans on it .)
Regarding ultimate insurers, you're spot on that the answer is a big ol' "it depends." People buy insurance for three reasons, listed in order of how important I think they are. First is balance sheet protection (I worked hard for my stuff, I can't afford to lose it). Second is for contractual obligations (Nobody will do business with me if I don't promise to make them whole if things go wrong). Last is because the government says you have to. When you think of a claim happening where there is no insurance available, run through that checklist to see what what could potentially happen. Since you listed a few concrete examples, I'll go through them and opine how things may play out (remember we're in imaginary land and without policies I can't really say anything for certain).
Fire damages - I think of the Camp fire. In 2018 California was set on fire because of some transmission lines caused a spark. This is a big claim caused by an individual entity, so the normal rules don't necessarily apply here. But in general, the way it works is if my house caught fire because of this Camp fire, my insurance policy on my house WILL cover the claim. Whoever writes my policy will cut me a check and replace my home (subject to policy terms). What will then happen is my insurance company will the subrogate the claim to the entity that caused it. Meaning that they will knock on the electric utility's door and ask for reimbursement (this is essentially subrogation). When the utility goes bankrupt, they're saying we can't pay, so ultimately your insurance carrier pays out of pocket with no reimbursement. The head property underwriter of Everest insurance spoke to us about the fire claims and said they really hurt his book. If I recall, they paid like a billion in fire claims in 2018, but budgeted nowhere near enough. Those well paid actuaries couldn't predict a fire would raze California! Luckily they budget a rainy day fund, so the company was ok. Fire insurance prices did go up significantly the following year. This is because they didn't realize just how on the hook they could be for fire claims. The whole insurance market systematically underpriced fire insurance in fire prone areas.
Crane collapse is another good example. My old client had a particularly nasty crane collapse that is ongoing, so I will not share any details around any crane collapses, hypothetical or not. However, there is an analogous claim that I did not work on that I can use as an example: the MGM shooting in Vegas (2017) [2]. Basically, the concert venue didn't have enough insurance to foot the bill. In the process of discovery, the lawyers saw that MGM Casinos (where the shooter perched) had an extensive casualty insurance tower. MGM's insurance ended up having to pay out the claim. They used up the full limits of every policy they bought that year (and not a penny more). I think because they weren't negligent, the lawyers didn't seek damages beyond their policy limits. When there is a bad claim, lawyers will always find whoever has the deepest pockets and make them pay. If you don't have enough insurance, courts will force you to pay out of pocket. If you don't have enough money out of pocket, the wronged party will have to eat the loss. This is why point #2 is an important reason for buying insurance.
Also- if your question regarding crane collapses is more geared towards someone losing a lot of value quickly, that is easy. My old boss insured a factory in tornado alley. Couple hundred million dollar factory was insured pretty cheap because tornadoes don't cause much damage and are considered low risk. A few weeks after the plant was finished, a tornado came through and ripped the building clean in half. Insurance company paid the near total loss, no questions asked. Remember, they're in the business of insuring against these freak accidents. They are comfortable with taking a lopsided deal. They earn plenty of premiums each year on factories that aren't violently introduced to tornadoes.
I had a wealthy client who purposely didn't buy insurance on his buildings. He'd buy the first $75M or whatever of insurance and would guarantee the rest out of pocket (did I mention he was wealthy?). This is hard to do because of points #2 and #3, but it can be done. In the biz, we call this "self-insurance" and while it may sound like I'm being tongue-in-cheek, it is a very sophisticated risk management strategy that can accomplish a client's risk transfer needs. Typically companies self insure the small claims (via a deductible), not the top end of claims.
I guess to directly answer the lead question, the ultimate insurer without any insurance backing is you, the owner. It's your stuff after all. If your stuff is important to other people (ie the public, or other companies) other stakeholders are gonna make you have insurance, otherwise you won't be allowed to control those resources. That's why the boat, the bridge, and the port all had good insurance. The system was working as intended.
Thank you for your great questions! I've got a few other responses in the thread that detail other insurance questions that you may find interesting.
[1] https://finance.yahoo.com/quote/AIG/balance-sheet/
[2] It's a little fucked up that I have to put the year so we know which one I'm talking about. At least I didn't need to clarify the month...
The way it has always played out in my lifetime, it is just a few levels of insurance, and then future taxpayers. See Katrina, Sandy, 2008 financial crisis, 2020 pandemic, etc.
If the insurance is too high, businesses shut, market price goes up and economy slows down, leading the govt to print more money for stimulus which in turn devalues the previous losses, with justified inflation.
https://www.youtube.com/watch?v=2Wim-_Q_59o
From "What is Going on With Shipping?"
I do hope We the People have zealous advocates.
[0]https://news.sky.com/story/baltimore-trade-implications-from...
There is a great book about this phenomenon (and how to avoid it) by Brent Flyvbjerg called "How Big Things Get Done".
https://en.wikipedia.org/wiki/Tokyo_Gate_Bridge
By my calculations (using the yen cost in the wikipedia article and the JPY/USD conversion at the time), it cost about USD $1.1B, so a bit less than double this estimate.
However, with the way things get done in the US these days, I suspect your 10x prediction is much more likely.
So maybe earthquake-proofing is a fair comparison, cost-wise.
Another interesting fact about the Tokyo Gate Bridge (from the Wikipedia article): it's basically made of 3 sections, the two sides and one smaller piece in the middle to connect them. The two side pieces are cantilevers, so they're self-supporting. So if a big container ship managed to strike one side and knock it down, theoretically the other side would remain standing, rather than the whole thing collapsing like the Baltimore bridge.
You can't do that; it doesn't work that way unless perhaps you transfer ownership of all that territory to Japan.
This is a location that's on the opposite side of the planet. So you could obviously do the design work in Japan, but the construction has to happen on-site, which means
1) using local workers, and 2) dealing with local laws/regulations.
The labor force alone is hugely different between the two countries, not just the people themselves and their culture and language, but also how they're organized: contractors, subcontractors, unions, etc. A Japanese company with no experience working outside Japan would have no idea how to deal with all that.
Local laws and regulations are also an issue, since again the Japanese company would be unfamiliar with all that. In NYC, for instance, there's some crazy regulations about how many workers have to be present for stuff, which ends up driving costs up a lot. Just having a foreign company manage the project isn't going to change that stuff.
The ridiculous costs of American projects are due to many factors present in America now, and simply hiring a foreign company to manage a project isn't going to change those. America needs to fix its issues. Unlike a car or airplane, a bridge or subway isn't something you can just build offshore and transport to your country.
Or at least, it always strikes me how outlandishly expensive infrastructure projects are in the US (for me coming from Europe, originally).
As someone in Europe I wonder where this notion comes from. Just about every major (and several minor) infrastructure project I can remember in my lifetime, in any of the European cities I've live in, has been both late and wildly over budget
In comparison, in the US and Canada big projects are absurd. Take the Second Avenue Subway in New York - it's projected to cost $6 billion for 2.4km of track (no, that's not a typo, 2.4 km of track, really).
The California HSR is costing multiple times what similar projects in other countries cost (estimated to cost upwards of $100 billion, up from the original estimate of $40 billion for the first phase of 840 km; the Turin - Lyon high speed railway in more challenging terrain, including the longest rail tunnel in the world, is projected to cost around 25 billion euros for 270km, 1/4 of the price for 1/3 of the distance).
In fact there are lots of people and publications trying to understand why costs in US and Canada are so absurd compared to anywhere else in the world:
https://www.vice.com/en/article/k7b5mn/a-dollar100-billion-l...
https://www.vox.com/22534714/rail-roads-infrastructure-costs...
https://www.npr.org/2023/06/26/1184420745/why-building-publi...
https://www.marketplace.org/2022/03/28/why-does-transit-infr...
The most recent example I can think of is England's High Speed 2 going from £35b to (est) £170b: https://en.wikipedia.org/wiki/High_Speed_2#Funding
Even if we assume $600m is the correct number, the expenditure is evenly distributed, and it takes 6 years to be fully up and running. Based on 3% inflation alone:
Year 1: $100m, Year 2: $103m, Year 3: $109m, Year 4: $112m, Year 5: $116m, Year 6: $119m = $666m
so yeah, maybe—maybe less, maybe more, maybe no one has even the slightest clue, not even within a wildly outrageous range, of the true monetary total cost of anything at public infrastructure scale.
There is a tunnel further south in the Chesapeake Bay where there are navy/military facilities that cannot risk being blocked by falling bridges.
Unacceptable!
The people of Baltimore have benefited for years of a port facility literally downtown, which is practically the same thing as building houses in a flood zone. Should have never been permitted!
I hope “We The People” accepts the responsibility for their actions!
https://www.omnicalculator.com/physics/kinetic-energy
https://en.wikipedia.org/wiki/MV_Dali#Description
"Description
Dali is a Neopanamax container ship[7] with an overall length of 299.92 metres (984 ft), beam of 48.2 metres (158 ft 2 in), moulded depth of 24.8 metres (81 ft 4 in), and summer draft of 15.03 metres (49 ft 4 in). Her gross and net tonnages are 91,128 and 52,150, respectively, and her deadweight tonnage is 116,851 tonnes. Her container capacity is 9,971 twenty-foot equivalent units (TEU).[2][8]
Dali is propelled by a single low-speed two-stroke crosshead diesel engine coupled to a fixed-pitch propeller. Her main engine, a 9-cylinder MAN-B&W 9S90ME-C9.2[9] unit manufactured by Hyundai Heavy Industries under license, is rated 41,480 kW (55,630 hp) at 82.5 rpm.[2] Her service speed is 22 knots (41 km/h; 25 mph).[5] For maneuvering in ports, Dali has a single 3,000 kW (4,000 hp) bow thruster. Electricity is generated onboard by two 3,840 kW (5,150 hp) and two 4,400 kW (5,900 hp) auxiliary diesel generators.[4] "
Firstly, the bridge - while up to code - did not have the kinds of buffers that could have been installed, or arguably should have been installed [1]
It isn't wrong to say that if you are going to authorise large container ships, if you are going to profit from large container ships as a harbour, and you are not going to invest properly in the infrastructure, you should take some of the blame when things inevitably go wrong. I don't know whether such buffers would have entirely saved the bridge or the people on it.
It also isn't wrong to say that if you are operating a large container ship, you should ensure it has failsafes in case of power failure. I don't know what failsafes exist (emergency anchors? Some kind of manual rudder?) that would be effective on a ship that large.
It also isn't wrong to say that given the public outcry, a scapegoat will likely be chosen, and it's more likely that they will scapegoat the foreigners rather than blame the politicians in charge of public spending.
[1] https://www.theguardian.com/us-news/2024/mar/26/baltimore-br...
All large vessels require emergency generators. The requirement is usually startup within 45s but better performance is generally expected.
Here is an in-depth look on how steering systems on such vessels work:
https://en.wikipedia.org/wiki/Dolphin_(structure)#To_protect...
- You are arguing how big the container ship is,
- It only emphasizes how weak the bridge is compared to the ship and obviously to all ships going through this harbor.
Obviously the bridge is not flimsy compared to mere thousands of cars, but when it’s a bumper on the side of the regular path of herds of 200 elephants of about 1000x the normal size ten times a day, then yes, it’s flimsy.
If you see a sign “Forbidden to elephants” tomorrow on your city’s preferred pedestrian bridge, it’s me. Now I wonder why your politicians didn’t put it for the bridge. It’s simple: The port should pay for dolphins and all security measures, or only sailboats will be allowed.
So yes, you arguing the size of the ship only emphasizes the flimsiness of the contraption.
> "flimsy contraption" and "first nudge"
Is crap just wanted to note that bridge protection do exist, Ex: https://www.drba.net/drba-proceeds-new-bridge-ship-collision...
So it could be argued that part of the responsibility is on the port authority that did not correctly ensure the safeguard of the bridge.
- They use "unacceptable" twice in a row, which sounds exaggerated.
- Likewise with all the exclamation points.
- They say "It was irresponsible to let ships pass a dozen times a day through a flimsy contraption that could collapse at the first nudge.", but ships pass under bridges all the time. IIRC, in Baltimore's case, I'm not even sure you can exit the inner harbor without going under that bridge.
- "The people of Baltimore have benefited for years of a port facility literally downtown, which is practically the same thing as building houses in a flood zone. Should have never been permitted!" Ports are literally designed to be on water, and the comparison makes no sense. Combined with the exclamation points, I don't think this is serious.
- "I hope “We The People” accepts the responsibility for their actions!" This is comedic. You have the excess exclamation point, and it even implies that we're collectively to blame for this.
Where were the tugboats? Bridges are not bumper cars. You cannot hit them.
To call it flimsy when the bridge carried 34,000 cars a day is silly.
I should not pay for gross misconduct.
Why did the boat leave the pier with a faulty engine?
* Where were the tugboats?
* Why did the boat leave the pier with a faulty engine?
The ship was still within harbour waters under the control of local harbour pilots. They didn't have tugboats within near distance and they took the engine status on good faith.
As a risk management exercise if you run a harbour with high traffic then eventually a ship will have an engine|rudder|other failure within harbour waters and bridges will be struck with glancing to major blows.
It's an older bridge built before ship sizes grew, was the harbour infrastructure lagging behind the nature of the traffic it purported to serve?
Other harbours have pylons protected with substantial barriers, other harbours ban traffic | workers on cross harbour bridges when ships move (eg: Tasmania after they had a ship hit a bridge).
The ship maintainance was very likely at fault, the harbour should have mitigation plans against ship faults, etc.
Through a bridges lifetime in a busy shipping lane you can expect it to get hit. Thus any reasonable bridge is designed with, or has barriers retrofitted to them.
It just US infrastructure lagging behind as is typical.
https://en.wikipedia.org/wiki/Dolphin_(structure)
https://www.drba.net/drba-proceeds-new-bridge-ship-collision...
Hear me out, a little bit of devil's advocate maybe..
If insurance company is forced to repay the whole cost of the rebuild, estimated it will cost lets say $600M. Tax payer is happy they're not paying via Federal taxes. But, shipping and logistics insurance companies start to ramp up their premiums and those fees are passed on to, eventually, the consumer over the long term, this could end up costing the tax payer more ?
If the insurance company pays 40~M and the federal pay the rest.. The tax rates will not go up based on this 600M rebuild, and if they do, no goverment will want to keep those higher rates. I cannot say the same for a private insurance company not wanting to keep their fees high if they're being paid anyway.
It might not be such a bad thing to increase cost of trans-oceanic transportation. Right now we’re shipping stuff that makes little sense no to produce locally simply because (cost of overseas labor + cost of transportation) < (cost of domestic labor). I would suggest this is absurd both from an ecological and from a humane standpoint. Increasing the cost of transoceanic shipping might help flip the scales a little bit
Alternatively, I’d suggest that the premiums might not increase that much. Cost of insurance would be (cost of a claimable event)*(probability of such event). I’d hope the latter tends towards zero, significantly reducing the product of the 2.
We can also look at the potential impact of such a “new” policy on total insurance costs. Apparently, the Dali is able to transport 10k containers. And current shipping prices of $4,000 per container, that means that the cost of the trip alone is in the $40M range. If we take the lowest possible value of the goods, that’d be $40M and the arrival location. I’d argue that the probability of losing the vessel and its cargo is higher than that of hitting a bridge, especially if ports start deploying tugboats around their facilities
My rebuttal is "moral hazard." Why should Boeing bother making planes that stay in the air if they can always count on a slap on the wrist and, in the worst case, a bailout.
Let's just look at the boat insurance, because the bridge and the cargo all probably have different policies covering them with vastly different terms. Marine insurance is odd because it actually just sucks as a business to be in. Boats aren't cheap and they sink too often for normal companies to realistically make any profit. But we still need insurance on our boats, so the industry basically has created a big mutual insurance pool. There are like 8 or 9 insurance companies that are owned by the businesses that purchase their policies (this is the definition of a mutual insurance company). So when a big claim is paid out like this, the entire shipping industry bears the cost because these same companies essentially share the risk on all shipowner's policy. Shipowners can't complain too much - there is literally no one else who will sell them insurance so they have to do it this way (Not having insurance is a bad idea 99.9% of the time). The deal is not all bad though, if there is a good year with fewer claims, the shipping companies get some money back. And because the risk is pooled via mutual insurance companies, they keep appropriate stashes of money in case there is a bad year. Actuaries are tasked with figuring out how much money to hold on to at any given time so hopefully there is never a capital crunch.
Will this cost be passed on to consumers? Tough to tell. I'm stepping a bit out of my expertise here, but my inclination is that there won't be outsize costs put on consumers. Roughly speaking, since the entire industry bears its fair share of marine insurance costs on a company by company basis, if one goes up, they all go up. So if that means shipping a crate from China to USA is more expensive because the space on that boat becomes more expensive, then consumers pay more. What's that saying again? A rising insurance premium lifts all shipping costs? However, I don't think that consumers will unfairly be paying additional costs to get their goods because of the mutual nature of boat insurance. Furthermore, the company you transact with (say Wal-mart) may just eat the additional cost of shipping in their margins or force shipping companies to eat the cost instead. This is all assuming the federal government doesn't pay for the rebuild. I don't think the government will pay any substantial amount on this claim given how well insured all parties seem to be.
Isn't this the point of insurance and specifically underwriters - that they aggregate the possible outcomes over a huge set of assets, with the expectation that sometimes they will have to pay out if an accident or whatever happens?
There should be no increase in anyone's premium. Though, from a marketing perspective, given the level of publicity that this event has gotten, perhaps people are primed for a raise - and this is a good time to do it!
Honestly, "insurance" sounds like an ideal area for a headless company. Its really only providing an aggregation of certain risks, so no individual company person is wiped out. The more assets it manages, the less risk they have, and the more the price of the insurance should drop.
Hedging against loss is a cost of doing business. Theft is built into the pricing at grocery stores and other retailers. Why should shipping be different? Yes, the sums are MUCH larger, but the general point is the business should account for its costs as part of its budget.
This sounds like a variation of "too big to fail" - the answer may very well be require smaller/safer ships. That would cost more, but long term, might do a better job accounting for the costs of loss.
Granted it's still bad for the economy, but just counting money is not enough. E.g. spending huge money on Hoover dam and Golden Gate bridge was good for the economy at the time.
If every time the government is going to pay, then the obvious next step would be to get rid of insurance altogether ant everything would be cheaper yet.
The Exxon Valdez took 26 years to finally litigate, so maybe check back in a couple decades.
It seems like even modest defenses to slow the ship or push some energy aside could have mitigated a collapse.
A cargo ship at that time would have maxed around 3000 TEU (pre-Panamax).
Dali is close to 3x that size at just shy of 10,000 TEU.
And Dali basically center-punched that bridge support. And swerved very close to the bridge. A dolphin might have mitigated a glancing blow, but I doubt it would have stopped a direct hit such as this.
I'm sure the replacement bridge will have more protection, for the optics if nothing else. But, we can't really afford to redesign bridges every time a larger ship is built.
I’m just asking, should not the obligation for reasonable protection of the bridge be on the government or port authority?
Are you referring to the animal, or is this slang for some sort of nautical device?
What I don't know is how much protection these would offer in a direct hit like the Dali on the Key Bridge. They definitely work for glancing blows and smaller vessels. Would the Dali just push right through/over these? Or would the impact move enough earth (below the surface) to cause the bridge major structural damage?
It's an incredibly rare event. Retro-fitting things in the water is crazy expensive. Somebody estimated that the force hitting the bridge was 30 Million Pounds. That's a lot of protection needed.
https://maritime-executive.com/article/baltimore-bridge-coll...
[0] https://webapp.navionics.com/?lang=en#boating@15&key=gqjnFz%... [1] https://en.wikipedia.org/wiki/Abutment
Edit: Changed distribution to disruption.
Sometimes bad things happen that cannot be "modestly" prepared for. That is why these vessels are required to be insured.
One interesting aspect: if insurance gets too high, it incentivises corporations themselves to be the insurer. I mean the literal corporate limited liability.
Would they not be incentivised to put each major asset into its own corporation, and in the event of a major loss that corporation becomes bankrupt?
They claim the ship's value before the crash as $90M, and that estimated costs for salvage and repairs to the ship are $19.5M and $28M respectively, leaving the value of the ship now at $42.5M (points 15-17 in the main document).
They then add the value of pending freight ($1.17M): "Petitioners offer an Interim Stipulation of Value in the amount of $43,670,000 (i.e., sound value of the vessel plus pending freight less repair costs and salvage costs)." and mention that they'll file updated numbers once salvage and repair costs are confirmed rather than estimates.
IANAL nor in the US, so I'm curious whether this is standard law to be able to limit your liability to the (post-crash) value of the ship and the only thing in question is how the numbers end up, or if it's a long-shot hope that the companies' lawyers figured they might as well try asking for in case a judge feels friendly?
46 USC 30523: General limit of liability [1]
"In General.-Except as provided in section 30524 of this title, the liability of the owner of a vessel for any claim, debt, or liability described in subsection (b) shall not exceed the value of the vessel and pending freight.
[...]
liabilities subject to limitation under subsection (a) are those arising from [...] any loss, damage, or injury by collision"
Of course, this is kinda what limited liability is - even if the law didn't say that, the owners of a $90M ship could simply set up a limited company that just owned that one ship and had no other assets, and simply declare bankruptcy if liabilities exceeded the value of the ship.
[1] https://uscode.house.gov/view.xhtml?hl=false&edition=prelim&...
So not as much as I expected.
Edit - actually the document does talk a bit about insurance on pages 10-11, but I don't think I understand it in the context of their claim lowering the value of the boat:
"NOW, THEREFORE, in consideration of the premises, Stipulator, The Britania Steam Ship Insurance Association Europe, an entity organized under the laws of England and Wales, hereby undertakes in the sum of $43,671,000, with interest at the rate of 6% per annum thereon from April 1, 2024, that if judgment is awarded against either or both Petitioners, such judgment may be entered against both Petitioner(s) and Stipulator for the amount not exceeding the aforesaid sum and interest.
Stipulator, The Britannia Steam Ship Insurance Association Europe, hereby submits itself to the jurisdiction of this Court in connection with this Stipulation and agrees to abide by all orders and decrees of the Court, intermediate or final, and to pay the amount awarded by the final judgment or decree rendered by this Court. If the final judgement or decree is appealed, Stipulator agrees to pay up to the principal amount of this undertaking, with interest at the rate of 6% per annum, unless Petitioner(s) pay such judgment or decree or, in the meantime, the amount or value of Owner's interest in the Vessel and its pending freight in connection with the voyage shall have been paid into Court by Petitioner(s) or a subsequent approved Stipulation for Value thereof shall have been given, in which case this Stipulation shall be void."
An 18 and a 78 year old just killed two different sets of four people a couple weeks ago in SF and near Seattle. The 18 year old totaled his 3rd car in less than a year driving far above the speed limit.
https://www.cbsnews.com/sanfrancisco/news/san-francisco-medi...
https://komonews.com/news/local/renton-deadly-multi-vehicle-...
Edit: to respond to below, it depends what you count as damage. Do you count all the deaths and injuries of all auto vehicles? There are 40k+ deaths and many more injuries per year in the US. How about the effect of car centric designs on kids not being able to roam around neighborhoods? Of course, it all gets abstract very quickly, since you also have to start comparing benefits, but there are very large systemic effects (and just the same with huge container ships of course).
In the abstract, outside of the tragedy of these unfortunate events, it's true that there's more cars, however...think of it like, there's far more background radiation particles than neutron radiation particles. But the damage you can do with one, is far less than the other.
The driver (of a Land Rover towing a car on a trailer) fell asleep at the wheel and crashed onto train tracks. A passenger express train hit the car and was derailed into the path of an oncoming freight train. 10 people were killed.
No ‘side quest’ needed, just a few seconds worth of bad decision making.
So, doesn't really compare. Yours is more of a hypothetical, mine's more of a reality. Haha! :)
But if you were someone like Russia or Iran who wanted to financially hurt the US (or any other country - and, equally feasible for the CIA or Mossad or whomever to use it as tactic to financially harm any enemy country with a significant port; or a terrorist group wanting to kill people seems less likely but not impossible) - wouldn't you be having that same thought now?
Secret services of various countries surely wouldn't find it hard to plant agents in shipping companies who end up captaining huge container ships around the world if they wanted to, and there's probably enough low-security situations for the boat when docked that gaining physical access (through spies taking engineer jobs or through sneaking onboard at a quiet time) could maybe allow some sort of sabotage equivalent to partially cutting the break lines on a car, which could be planned to cause problems roughly the right number of minutes after a ship leaves port to have the highest chance of impact.
If your goal is hurting a country financially rather than murderously, and you want an illegal way to do it that's completely deniable and even looks accidental, I'm not sure how many better options there would be?
I hope I'm wrong and it wouldn't be as easy as I'm imagining for any major country to place someone they trust (but won't be linked to them / suspected) into a career leading to being a captain on these ships...
(It might not even be limited to state actors - it's not unprecedented for a business executive to be a psychopath willing to commit crimes to boost their business, what's to stop the CEO or owner of a port, or a toll bridge, or a construction company from bribing a ship's captain with $20M dollars to take a port or bridge out of action, even a brief closure could be worth enough money to alternative locations and/or companies hired to fix it to make such a huge amount more money that a huge bribe would still make it wildly profitable. Obviously most companies won't have people specialised in committing this type of crime, so it wouldn't be easy to find the right captain who'd accept a bribe for that, yet alone do it without getting caught, but the captain could maybe create a fake medical emergency to cover their "mistake", etc... hopefully it's such a big criminal risk, and hard enough to do, that there wont be any crossover between the hopefully low number of psychopaths in positions of major corporate power and people who could pull it off if they wanted to.)
Otherwise, the society ends up looking like Somalia or Congo.
If the ship simply refuses to let the pilot board though, so the port authorities know something is wrong, once it's in port and on route, what do you do? Even if you get the military to blow it up you've got a massive sunk hulk blocking your port.
What Neal (Lloyd's boss) is saying is "hey guys, we know we are all hosed here. It's gonna be an easy billion, probably more. Just because you're only expected to pay claims above $100M, you're certainly going to have to pay out. Let's not be knobs and pay this claim quickly to get the port back on their feet again"
* https://www.youtube.com/watch?v=2Wim-_Q_59o&t=10m17s
TL; DR: it can get complicated.
There is the owner of the vessel, the operator of the vessel, and the 'customer' of the vessel. An analogy used: when you have a delivery from Amazon, Amazon would be the 'customer' of the vessel, the delivery guy would be operator of the vessel, and he would have rented a vessel/vehicle from (e.g.) U-Haul. You would think that you'd sue the operator (delivery guy, and maybe the customer (Amazon)) if he wrecked your property, since he was driving it, but maritime insurance doesn't work that way: you sue the vessel owner (U-Haul).
Then there's owner of the bridge (insured by Chubb), and then the re-insurance that Chubb has. Re-insurers are generally part of P&I clubs as well, so there's pooling of risk above the pooling of risk (which generally are activated in stages):
* https://en.wikipedia.org/wiki/Protection_and_indemnity_insur...
* https://www.youtube.com/watch?v=kpBOptxuDnk
Then there's force majeure:
* https://www.handybulk.com/what-is-force-majeure-in-shipping/
* https://en.wikipedia.org/wiki/Force_majeure
* https://www.bimco.org/news/contracts-and-clauses/20210216-wh...
See also general average:
> The law of general average is a principle of maritime law whereby all stakeholders in a sea venture proportionately share any losses resulting from a voluntary sacrifice of part of the ship or cargo to save the whole in an emergency. For instance, should the crew jettison some cargo overboard to lighten the ship in a storm, the loss would be shared pro rata by both the carrier[2] and the cargo-owners.
>13. The Casualty was not due to any fault, neglect, or want of care on the part of Petitioners, the Vessel, or any persons or entities for whose acts Petitioners may be responsible.
This comes out of nowhere and they base everything on this statement! Amazing
Not always. We have regular maintenance done on our SMT lines by the company that manufactured the machines. Those things still fuck up once or twice a month, very unexpectedly, and almost always in the middle of a high-value operation (IC or LED placement.)
That said, I don't think it's immediately considered negligence when an airlines engine fails. Its premature to call Dali negligence as well; it may very well be but the investigation needs to complete.
“Engine was not maintained well” is so deeply opinionated. The first thing they do is check standards. Was it oiled? Were the parts replaced periodically? Was the fuel type correct?
It could be a mistake. “What kind of engine?” “It needs this type of fuel.” “Oops, no, that was for the older ship. This is a different ship.” “The ship already set sail.” “Nevermind then and keep your mouth shut.”
If you (and millions of others) did not benefit from having this bridge, then you (and millions of others) would not now have lower quality of life when it fails.
you exist in the same system
ehh no, that requires either money or power which is neither available to all
and what’s more likely is that the insurance you’re required to have told you to do this in order to keep the insurance, regardless of your individual predilection