Wednesday, March 27, 2024

Paying for the Key Bridge is going to be expensive

 

It's too early to speculate, but the destruction of the Francis Scott Key Bridge in Baltimore is going to be very expensive to insurers, according to Lloyd's List.  (A "club", mentioned in the report, is a consortium or syndicate of insurers.)


According to the IG database, Dali [the ship that struck the bridge] is entered with Britannia, a London-based marine mutual. Britannia has been approached for confirmation.

The largest element of any payout will be the value of the Francis Scott Key Bridge, which was built in 1977 at a cost of $60m at the time, equivalent to over $300m today.

However, construction inflation has far outstripped consumer price inflation over the intervening period, and the replacement cost could be substantially higher.

No deaths have yet been reported, but fears are growing for the seven people still missing.

The lives of US citizens are deemed to be worth far greater compensation than the lives of third-world seafarers. P&I clubs generally offer single-digit million dollar payouts to victims' families, preferring the certainty of a quick settlement to costly protracted litigation in the US.

Delays to other vessels are not a P&I liability, although prudent shipowners will have delay cover. P&I clubs often offer delay cover as a sideline and will find themselves on the hook for much of it.

Britannia will be responsible for the first $10m of any claim on its own account. Once the bill exceeds this layer - as is certain to be the case with Dali - it is shared among IG affiliates through the pool scheme.

In the simplest possible terms, the other 11 members will chip in pro rata for the $10m-$30m tranche, after which liability is reinsured through Bermuda-based captive vehicle Hydra.

The general excess of loss programme, known as GXL in industry jargon, kicks in at the pool ceiling of $100m. GXL, which is funded by shipowners through a levy imposed per gross tonne, provides an additional $2bn of reinsurance in a three-layer structure.

A further $1bn of reinsurance cover - known as 'the collective overspill' - is purchased by the IG to provide protection in respect of claims exceeding the upper GXL cover limit of $2.1bn.

Major marine casualties are long tail events and it is often years before the full cost can be assessed.


There's more at the link.

The cost isn't limited to the ship and the bridge.  Business Insider reports:


Baltimore is among the busiest ports in the nation, seeing more than a million shipping containers pass through each year. The collapse — which closed the port to all maritime and most road traffic until further notice — is already beginning to wreak havoc on the supply chain.

The cost of building the bridge back fast enough to offset diversions as much as possible could saddle the government with a more than $600 million bill, David MacKenzie, chair of engineering and architecture consultancy COWIfonden, told Sky News.

The container ship, the Dali, is owned by a Singapore-based firm. The ship's charterer, Maersk, confirmed to Business Insider that vessel company Synergy Group operates the ship. 

However, the companies with cargo aboard the Dali will ultimately be responsible for the ship's damages and cargo costs.

. . .

An ancient maritime law known as "general average" dictates that companies with even a single container aboard a ship have to split the damages pro rata based on the number of containers, ensuring all the stakeholders benefiting from the voyage are splitting the risk, Petersen said.

The principle dates back hundreds of years and was originally meant to ensure sailors on board a ship weren't worried about specific cargo if a disaster required them to start throwing containers overboard, according to Petersen.

The majority of the financial fallout is likely to lay primarily with the insurance industry, according to media reports.

Industry experts told FT that insurers could pay out losses for bridge damage, port disruption, and any loss of life.

The collapse could drive "one of the largest claims ever to hit the marine (re)insurance market," John Miklus, president of the American Institute of Marine Underwriters, told Insurance Business.

He told the outlet that the loss of revenue from tolls while the bridge is being rebuilt will be expensive, as will any liability claims from deaths or injuries.


Again, more at the link.

If you add up all those costs and expenses, it's not impossible that insurers could be staring down the barrel of a $3-$4 billion dollar payout, perhaps even higher.  One hopes the insurers "laid off" at least part of the risk onto reinsurers, or some of them might end up bankrupt.

Peter


21 comments:

Gerry said...

"The collapse — which closed the port to all maritime and most road traffic..."

I 695 is a loop, traffic can still move on the west side of Baltimore. Additionally I-95 runs thru the center of town north and south , but it does limit HAZMAT traffic.

I doubt 1/3 of the north/south traffic ever crosses the Key Bridge. I used it when I was headed to VA beach or Norfolk.

Jen said...

Dumb question, but, while I know it's more economical to run one ship rather than two, haven't they just simply gotten too large? They're too large to maneuver, too large for canal locks, too large to get under bridges. There was one a couple years ago that found itself athwart the Suez canal, and blocked that up for some time. Wouldn't it make sense to have smaller boats?

Anonymous said...

Since the ship was under the command of the harbor pilot, how does that add to the years of legal litigation possible as everyone stands in a circle pointing at everyone else involved saying, "It his fault"?

Mad celt said...

I rode Amtrack across that bridge quite frequently.

John Fisher said...

Gerry - you are probably right about the percent of north / south traffic the bridge handled. The problem is going to be mixing hazmat carriers with the normal 24 / 7 /365 traffic snarl plus continuous construction on I695 on the west side of Baltimore. I lived in the area for 65 years - I'm glad I'm not there now.

lynn said...

I wonder if the Baltimore pilot, the ship’s captain, and the ship’s owner are carrying a billion dollars of liability insurance ? That bridge probably has $100 million of steel in it alone at the current prices. They are probably calling Fluor Daniel right now. But wait:

“Titanic law could help ship owner limit liability in Baltimore bridge collapse”
https://www.straitstimes.com/world/united-states/titanic-law-helps-ship-owner-limit-liability-in-bridge-collapse

Hat tip to:
https://drudgereport.com/

Anonymous said...

It won't because it wasn't his fault.

Old NFO said...

Harbor pilots are experts on their portion of the waterway. They are not driving the ship, but providing 'recommendations' to the actual ship's master who retains control of the ship.

LL said...

They'll BK the company and figure out a way to loot the treasury before they consign it to the scrap heap. Another company, free of those liabilities will spring like a phoenix from the ashes. A miracle, they'll say.

Jess said...

I haven't seen any reports about questions about the lack of protection for the bridge. I would think it was almost mandated after the 9/11 attack. It sure would be less expensive than the costs of replacing a structure built with much narrower, and shorter, ships that now are arriving in every port.

As far as the insurers, the litigation will go on for a long, long time, and taxpayers will foot the bill to replace the bridge. The insurers can simply declare bankruptcy and the claims never paid.

Anonymous said...

One of the first official things said about this disaster was by one Joseph Biden. Said Biden promised that the Federal government would pay the full cost of replacing the bridge. Watch the insurance companies try to use that as an assumption of the financial liability by a sovereign state. Especially if they contribute funds in a certain direction, they may come out of this relatively unscathed.

Mind you, the Federal government doing it will quadruple the cost, it may not actually get done, and there may well be something terminally wrong with it if it is done.

Subotai Bahadur

DT said...

I wonder what share of tax dollars (who do you think is REALLY going to pay?) the illegals are going to contribute?

Anonymous said...

American citizens weren't killed. Illegal aliens were.

Peter said...

@Anonymous at 10:42PM: Who says they were illegal? They may have had work permits. Many workers from Latin America do.

Anonymous said...

US Maritime law caps the damages (provided it was an unforseable accident) so that the shipowner will likely not be held liable for most of the expenses of bridge replacement, or even the wrongful death and personal injury claims.

The insurance companies (and their re-insurers) will only see a bump in their finances.

See 46 USC Sections 30523 and 30524.

Aesop said...

$2-4B sounds about right for that.

And 50,000 terrorists worldwide just figured out that maritime protections are a lot easier to defeat than is hijacking an airliner, with the added bonus that escape is far easier after the deed is done.

This sort of thing will become a growth industry for Terrorism Inc., and it isn't the first "mishap" you've seen, just the first of many to come.

Imagine a group shaking down sheikdoms or even governments, and if the money isn't paid, a week or a month later, the Suez or Panama Canal get taken out. And the perpetrators are long gone before anyone figures out it wasn't an accident.

That's before they try a hand at ramming oil platforms or LNG terminals.

You're going to see this material again.

Sentenza said...

@Jen

Some cruise ships are so tall they have to have the funnels removed to make it to a dockyard.

8notch said...

Jen, you are likely correct in a risk prevention and caution sense but rosy assumptions of unending perfect are the norm in such things. It is a matter of mindset. Because something can and is supposed to work, then it will always continue to do so regardless of how tight, sometimes literally, the tolerances are. During my job training it was carefully elucidated to me that "there are no such things as accidents, only human failures". Whether through inattention, lack of maintenance and spares, or poor handling; the blame is on the employee and not on the boss's/company's plan. You're just doing it wrong and any breakdowns are because you didn't prepare to handle it.

Anonymous said...

The bridge built in 1975 with no redundancy so striking one will be taking out multiple spans. They don't build many, if any, any longer simply due to what we are seeing.

I would think that any place having a bridge built this way would be subject to immediate attention. Won't, but that doesn't solve any problems.

Unknown said...

The biggest problem with replacing the bridge is going to be that they won't just replace it like-for-like, they will replace it with an 'upgraded' bridge, which will require a design competition, years of wrangling, etc before the new 'cutting edge' bridge starts being built, and then since it's cutting-edge, there will be delays and overruns.

or possibly, they will decide that 'bridges are ugly' and that they have to tunnel, which will bring it's own set of delays.

David Lang

John T. Block said...

You and Poopy Joe - there's no rail line onthe Key Bridge!