We are global leaders in the provision of insurance services for shipping and aviation financiers
Insurance Implications in Foreclosing
and Enforcing a Ship Mortgage
Foreclosure and enforcement of a ship mortgage is likely to precipitate automatic and retroactive cancellation of a shipowner’s protection and indemnity cover with an International Group P&I club through the Cesser of Insurance rule.
Change of management, class or flag will precipitate automatic cancellation of the Hull & Machinery insurances.
BankServe will advise financiers on the consequences of issuing notices of default and subsequent notices of foreclosure of a loan on the existing insurances, and will further advise and, where instructed, put into effect insurances to replace and maintain full insurance cover on behalf of a mortgagee whilst in possession of a ship either in port or at sea. In addition, BankServe will deal with the concerns of an Admiralty Marshal or port authority in respect of full insurance cover being maintained whilst a ship is under arrest.
Project Financing
BankServe provides insurance due diligence services to Commercial Lenders, Export Credit Agencies, Multilaterals, Bond Issuers and other parties involved in project financing.
The team specialises in LNG, upstream energy, rigs, FPSOs, power, petrochemical and pipelines and currently is the Lenders’ Insurance Advisor on many of the world’s largest projects.
Work undertaken includes:
- Advice on drafting insurance provisions and schedules in loan documents
- Review of indemnity and insurance provisions in main contracts
- Liaison with project’s insurance broker / risk management team
- Audit of placements to check compliance with such provisions / schedules
- Production of reports and sign-offs as required
- Presentations at syndications
- Advice on waivers and market availability
- Monitor the transfer from construction to operational insurances
Team members also conduct seminars about the insurance aspects of project financing for finance parties or lawyers.
Vetting Shipowners’ Marine Insurances
The terms of a standard loan agreement, or ship mortgage, the marine insurances arranged on each mortgaged ship must be approved and acceptable to bank mortgagees or financiers. BankServe’s consultancy services will review such insurances on behalf of a mortgagee bank and recommend the bank’s approval, or otherwise, of such shipowners’ insurance arrangements for financing purposes.
Also, if advised of the insurance covenants under the loan agreement, BankServe will recommend whether the insurances effected by a shipowner borrower meet the insurance covenants stipulated.
Ian Waterston Chairman
D: +44 20-7374-5190 | ian.waterston(_at_sign_)bmsgroup.com
Peter Mellett Managing Director
D: +44 20-7374-5104 | peter.mellett(_at_sign_)bmsgroup.com