Manifest Error - Complete disregard of case facts and the applicable rule or law as an indisputable error of judgment.
An additional service to existing clients who may be in a weak position having been ‘forced’ to accept the terms of a contract, including a foreign jurisdiction they are not comfortable with. This insurance can provide the security that any dispute will be handled objectively.
Coverage provides financial reimbursement where prejudice is determined to have resulted from a manifest error and can be tailored to the specific needs of the Assured.
Consider the following scenario. In a foreign jurisdiction a ship owner has entered a commercial agreement allowing for resolution of issues in dispute via expert determination in accordance with local rules and procedure. An arbitrator has considered evidence diligently provided by the ship owner under the applicable stated rules. However, when the final and binding determination is made, it would appear that not only has key evidence been disregarded, it seems the very rules that ought to have been applicable under these circumstances have been ignored. The financial prejudice is substantial. Management reluctantly puts this down to part of the cost of doing business in this jurisdiction.
Sound far fetched? Such findings will typically be final and binding on the parties unless there is a manifest error in the determination. Even then, righting such a wrong can be an uphill, if not impossible, task with manifest errors often surviving multiple appeals through a court system.
When placing insurance with Norwegian Hull Club as Leader, an Assured has access to claims handling experience, service levels and competence of the highest quality. We handle claims and critical situations in the most professional way. We prioritize and make claims settlements much quicker than the industry average, through practical, solution driven claims handling and involvement from notification to final payment. We encourage teamwork together with the Assured and the broker.
Our world-leading contingency support and operational intelligence services are developed from handling 2.000 claims every year. We organize a wide variety of loss prevention activities for both ship and shore based staff, sharing experience from actual incidents, aimed at improving industry best practice.