The Role of Insurance in Offshore Oil and Gas Industry
THE ROLE OF INSURANCE IN
THE OFFSHORE OIL AND GAS
INDUSTRY
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Overview
Oil companies : consortium
Appointment of an operator
The exploration stage
Seismic surveys
Employment of a drilling contractor
Sub-contracting some of the operations
Consultancy contracts for analysis of soil conditions
Construction and installation of relevant infrastructure.
Hand over the facilities to the Operator for production
Contractual relationships
Underlying contracts
between operator and contractors and
between contractors and sub-contractors
Liability provisions
Insurance provisions
Insurance
Construction of the field
Property
Liability
Employers Liability
Pollution
Oil and natural gas in transit or in storage
Package policies
Gard Marine and Energy Ltd v Tunnicliffe
[2012] Lloyd's Rep. I.R. 1
Devon Energy Corporation, a large independent oil exploration and
production company, was insured under an Energy Package
Insurance Policy. The package included OEE, business interruption
and liability.
WELCAR 2001
The operator arranges CAR insurance on behalf of
all parties
Deductible is appropriate to pass to the contractor
Usual arrangement: loss to owned properties and
personal injuries to own employees will be assumed
by each party by means of mutual or reciprocal
indemnities irrespective of fault, negligence or breach
of duty whether statutory or otherwise of the
indemnified party
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•
(1)
… the contractor shall indemnify, …. the company and its
parent, subsidiary and affiliate corporations and participants, …
from and against any claim, demand, cause of action, loss,
expense or liability …by reason of:
•
… (c)
…
Injury to or death of persons employed by or
damage to or loss or destruction of property of the contractor
or its parent, subsidiary or affiliate corporations, or the
contractor's agents, sub-contractors or suppliers, irrespective
of any contributory negligence, whether active or passive, of
the party to be indemnified, unless such injury, death,
damage, loss or destruction was caused by the sole
negligence or wilful misconduct of the party which would
otherwise be indemnified; …
Caledonia North Sea v London Bridge
Operator settled the claims made both by its own as
well as the contractors’ employees
Then it raised claims against the contractors by
relying on the cross indemnities clause (for the
settlement of death and personal injury claims in
respect of these contractors’ employees).
Contractors: the indemnity is not to apply unless the
contractor is liable at common law or for breach of
statutory duty
Caledonia North Sea v London Bridge
The indemnity says nothing about the
contractors having to be liable to the employee.
It imposes a general liability to indemnify the
operator against any liability in respect of their
own employees, with an exception only in a case
in which the accident is attributable to the sole
negligence or wilful misconduct of the operator.
WELCAR 2001
May range in scope from a single pipeline installation
right through to the construction of a complete offshore
field.
Rig building, platform construction
A
list of operations (eg procurement, towage etc) covered
All risks of physical loss of or damage …
Definition of assured
Definition of properties
And occurrence
Exclusions: eg cost of renewing faulty welds a defective
part / distinguish from damage resulting from defective
part
WELCAR 2001
•
Section II incorporates third party legal and
contractual liability
•
And reasonable legal costs and expenses
incurred in defence of any covered claim
Control of well insurance
•
Operator is in charge and responsible for the cost of
controlling a wild well
•
The Operators Extra Expense (OEE)
•
Energy Exploration and Development 8/86
One of the most common cases when the control is lost is
blow out.
•
when the underground pressures become greater than the
downward pressure exerted by the column of drilling mud inserted
while the hole is being drilled.
Energy Exploration and Development
•
EED 8/86
A) Control of well
•
the costs of equipment and manpower used to bring the well under
control
•
Definitions of well being out of and under control
•
Exclusion: loss or damage to drilling or production equipment and
for loss of use
B)
Redrilling/Extra-Expense –
When a well is brought under
control it may need to be re-drilled or restored to its pre-
blowout condition
EED 8/86
C) Seepage and pollution
•
Trigger: accident or occurrence taking place during the policy
period provided that it arises well becoming out of control
legal liability for damages in respect of third party
property damage and injury
costs incurred by the assured to clean up : does not
require legal liability.
The insured has autonomy to act quickly to try to prevent
pollution reaching the shore.
Insurance of drilling barge and platforms
London Standard Drilling Barge Form (LSDBF)
London Standard Platform Form (LSPF)
London Market Offshore Mobile Unit Form
(LMOMUF)
Operating insurance
Cover hull and machinery of the drilling barges
including all their equipment, tools, machinery,
while engaged in the drilling operation
All risks
Survey requirements
Classification warranty
Operating Insurance
CTL defined
Sue and labour
War and terrorism exclusion but these may be insured
under a package policy
Liabilities: a drilling contractor may have a P&I entry.
Business interruption
Delay in start Up (DSU): A delay in the commencement
of production, due to incidents occurring at the
construction stage
It is also known as Advanced Loss of Profits (ALOP)
Loss of Production Income (LOPI)
Trigger: accidental physical loss of or damage well out of
control
Incorporation of Institute time and cargo clauses
•
Mentor Insurance Co (UK) Ltd v Norges Brannkassee
Skandia Insurance Co
[1993] 2 Lloyd’s Rep IR 268
hull and machinery insurance of the Ocean Champion
that was one of the vessels used by the owner as a jack
up rig in ocean drilling and oil exploration.
XL: $1 million deductible and up to $22 million in excess
of $1m were insured separately
Further matters
Definition of assured
National Oilwell (UK) Ltd v Davy Offshore Ltd
[1993] 2 Lloyd's Rep.
582
Sue and labour
E
g, tugs were employed for some 12 months to provide safe
positioning for a FPSO after the failure of the swivel system.
But note: expenses be shared between assured and underwriters
proportionately to the extent of their respective interests
The limitation of expenses to 25 per cent of the declared value of the
item
Subrogation in co-insurance
Generally waived
Gard Marine & Energy Ltd v China National Chartering
Co Ltd
[2017] UKSC 35
The offshore oil and gas industry involves complex contractual relationships, with insurance playing a crucial role in providing coverage for construction, liability, pollution, and other risks. Various insurance policies such as Energy Package Insurance and WELCAR 2001 are used to manage risks associated with offshore operations, ensuring protection for all parties involved.
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Presentation Transcript
THE ROLE OF INSURANCE IN THE OFFSHORE OIL AND GAS INDUSTRY Dr zlem G rses King s College London
Overview Oil companies : consortium Appointment of an operator The exploration stage Seismic surveys Employment of a drilling contractor Sub-contracting some of the operations Consultancy contracts for analysis of soil conditions Construction and installation of relevant infrastructure. Hand over the facilities to the Operator for production
Contractual relationships Underlying contracts between operator and contractors and between contractors and sub-contractors Liability provisions Insurance provisions
Insurance Construction of the field Property Liability Employers Liability Pollution Oil and natural gas in transit or in storage Package policies Gard Marine and Energy Ltd v Tunnicliffe [2012] Lloyd's Rep. I.R. 1 Devon Energy Corporation, a large independent oil exploration and production company, was insured under an Energy Package Insurance Policy. The package included OEE, business interruption and liability.
WELCAR 2001 The operator arranges CAR insurance on behalf of all parties Deductible is appropriate to pass to the contractor Usual arrangement: loss to owned properties and personal injuries to own employees will be assumed by each party by means of mutual or reciprocal indemnities irrespective of fault, negligence or breach of duty whether statutory or otherwise of the indemnified party
Indemnities:Caledonia North Sea Ltd v London Bridge Engineering Ltd [2002] 1 Lloyd's Rep. 553 (1) the contractor shall indemnify, . the company and its parent, subsidiary and affiliate corporations and participants, from and against any claim, demand, cause of action, loss, expense or liability by reason of: (c) Injury to or death of persons employed by or damage to or loss or destruction of property of the contractor or its parent, subsidiary or affiliate corporations, or the contractor's agents, sub-contractors or suppliers, irrespective of any contributory negligence, whether active or passive, of the party to be indemnified, unless such injury, death, damage, loss or destruction was caused by the sole negligence or wilful misconduct of the party which would otherwise be indemnified;
Caledonia North Sea v London Bridge Operator settled the claims made both by its own as well as the contractors employees Then it raised claims against the contractors by relying on the cross indemnities clause (for the settlement of death and personal injury claims in respect of these contractors employees). Contractors: the indemnity is not to apply unless the contractor is liable at common law or for breach of statutory duty
Caledonia North Sea v London Bridge The indemnity says nothing about the contractors having to be liable to the employee. It imposes a general liability to indemnify the operator against any liability in respect of their own employees, with an exception only in a case in which the accident is attributable to the sole negligence or wilful misconduct of the operator.
WELCAR 2001 May range in scope from a single pipeline installation right through to the construction of a complete offshore field. Rig building, platform construction A list of operations (eg procurement, towage etc) covered All risks of physical loss of or damage Definition of assured Definition of properties And occurrence Exclusions: eg cost of renewing faulty welds a defective part / distinguish from damage resulting from defective part
WELCAR 2001 Section II incorporates third party legal and contractual liability And reasonable legal costs and expenses incurred in defence of any covered claim
Control of well insurance Operator is in charge and responsible for the cost of controlling a wild well The Operators Extra Expense (OEE) Energy Exploration and Development 8/86 One of the most common cases when the control is lost is blow out. when the underground pressures become greater than the downward pressure exerted by the column of drilling mud inserted while the hole is being drilled.
Energy Exploration and Development EED 8/86 A) Control of well the costs of equipment and manpower used to bring the well under control Definitions of well being out of and under control Exclusion: loss or damage to drilling or production equipment and for loss of use B) Redrilling/Extra-Expense When a well is brought under control it may need to be re-drilled or restored to its pre- blowout condition
EED 8/86 C) Seepage and pollution Trigger: accident or occurrence taking place during the policy period provided that it arises well becoming out of control legal liability for damages in respect of third party property damage and injury costs incurred by the assured to clean up : does not require legal liability. The insured has autonomy to act quickly to try to prevent pollution reaching the shore.
Insurance of drilling barge and platforms London Standard Drilling Barge Form (LSDBF) London Standard Platform Form (LSPF) London Market Offshore Mobile Unit Form (LMOMUF)
Operating insurance Cover hull and machinery of the drilling barges including all their equipment, tools, machinery, while engaged in the drilling operation All risks Survey requirements Classification warranty
Operating Insurance CTL defined Sue and labour War and terrorism exclusion but these may be insured under a package policy Liabilities: a drilling contractor may have a P&I entry.
Business interruption Delay in start Up (DSU): A delay in the commencement of production, due to incidents occurring at the construction stage It is also known as Advanced Loss of Profits (ALOP) Loss of Production Income (LOPI) Trigger: accidental physical loss of or damage well out of control
Incorporation of Institute time and cargo clauses Mentor Insurance Co (UK) Ltd v Norges Brannkassee Skandia Insurance Co [1993] 2 Lloyd s Rep IR 268 hull and machinery insurance of the Ocean Champion that was one of the vessels used by the owner as a jack up rig in ocean drilling and oil exploration. XL: $1 million deductible and up to $22 million in excess of $1m were insured separately
Further matters Definition of assured National Oilwell (UK) Ltd v Davy Offshore Ltd [1993] 2 Lloyd's Rep. 582 Sue and labour Eg, tugs were employed for some 12 months to provide safe positioning for a FPSO after the failure of the swivel system. But note: expenses be shared between assured and underwriters proportionately to the extent of their respective interests The limitation of expenses to 25 per cent of the declared value of the item Subrogation in co-insurance Generally waived Gard Marine & Energy Ltd v China National Chartering Co Ltd [2017] UKSC 35
