12/14/2022

Wreck Removal Coverage in Marine Insurance: Scope and Application

Reviewed by Alex Short, Independent Yacht Insurance Risk Analyst

TL;DR

Wreck removal coverage in marine insurance typically falls under Protection and Indemnity (P&I) policies, covering the cost of removing a vessel’s wreck following a total loss. Coverage is excluded if the loss results from a policyholder’s breach of the "care, custody, and control" clause or failure to comply with salvage agreements under [LLOYDS-OPEN-FORM]. Coverage triggers upon the vessel’s constructive or actual total loss, provided the removal is mandated by applicable law, such as [USCG-CFR33] or [OPA-90].


Trigger Conditions

TriggerPolicy ImpactConsequence
Vessel declared a constructive or actual total lossWreck Removal ClauseCoverage triggers if removal is mandated by law [USCG-CFR33][OPA-90]
Breach of "care, custody, and control" obligationsP&I Wreck Removal CoverageCoverage excluded [LLOYDS-OPEN-FORM]
Failure to execute or comply with salvage agreementSalvage and Wreck Removal ClauseCoverage excluded [SALVAGE-CONV-1989][LLOYDS-OPEN-FORM]
Vessel removed from navigable waters without insurer approvalNavigation and Lay-Up ClauseCoverage void for unauthorized removal
Wreck removal not initiated within 30 days of total lossTime Limit ClauseCoverage may be denied for delay in action

Underwriter's Checklist

  • Survey reports: Underwriters verify the vessel's structural integrity and operational condition to assess risk exposure, particularly for potential wreck removal liabilities [IACS-UR-W] [IHC-2003]
  • Class certificates and status: Confirm the vessel is maintained to recognized standards and is in good standing with a classification society, which is essential for wreck removal obligations under marine insurance [IACS-UR-W] [IHC-2003]
  • Maintenance logs: Review for evidence of regular and timely maintenance, which reduces the likelihood of mechanical failure leading to a wreck [IHC-2003] [46-CFR-10]
  • Refit/modification records: Ensure that any structural or operational changes have been approved and documented, as unauthorized modifications may affect wreck removal coverage [IACS-UR-W] [IHC-2003]
  • Crew qualifications: Verify that the crew holds valid Merchant Mariner Credentials and has the necessary training to handle emergencies, including those that may lead to a wreck [46-CFR-10] [IMO-MSC-CIRC-1515]
  • Navigation area endorsements: Confirm the vessel is authorized to operate in the regions it is expected to sail, as unauthorized navigation may void wreck removal coverage [IHC-2003] [IMO-MSC]
  • Loss history declarations: Assess the vessel’s past incidents, including groundings or collisions, to evaluate the likelihood of future wrecks and the potential cost of removal [IHC-2003] [OPA-90]
  • Salvage agreements (LOF 2020): Review the terms of any salvage agreements to ensure they align with wreck removal obligations under the policy and international conventions [LLOYDS-OPEN-FORM] [SALVAGE-CONV-1989]

Policy Wording Traps

Clause TypeTrap MechanismScenarioCoverage Result
Wreck Removal ExclusionExcludes coverage for removal of wrecks under the care, custody, and control of the insuredVessel sinks after a collision and is under the insured's control during salvage operationsClaim denied for wreck removal costs [IHC-2003]
Contractors' ExclusionExcludes costs incurred by third-party contractors unless specified in the policySalvage company is hired to remove a wreck, but the policy excludes independent contractorsSalvage costs not covered [LLOYDS-OPEN-FORM]
Consequential Damage ExclusionLimits coverage to direct damage only, excluding indirect or consequential costsRemoval of wreck causes environmental damage requiring cleanupCleanup costs excluded from coverage [OPA-90]
Latent Defect Carve-OutExcludes coverage for damage arising from pre-existing latent defectsHull failure due to undetected corrosion leads to wreckWreck removal not covered [IACS-UR-W]
Faulty Workmanship ExclusionDenies coverage for damage caused by poor construction or repairVessel sinks due to faulty welding during recent repairsWreck removal costs denied [IACS-UR-W]
Wilful Misconduct ExclusionExcludes coverage if the insured or crew engages in intentional wrongdoingCaptain intentionally grounds the vessel to avoid a stormWreck removal not covered [IMO-MSC-CIRC-1515]

Operational Reality

A common operational friction point in wreck removal coverage arises when a vessel is declared a constructive total loss following a grounding incident. On the ground, the yard or operator may delay initiating wreck removal activities due to uncertainty over salvage costs or disputes over liability, particularly if the vessel is unseaworthy under 46 CFR the corresponding regulatory requirements [USCG-CFR46-PT26]. Documentation requirements include a marine survey report, incident log, and proof of ownership, which must be submitted to the underwriter within the policy notification period. Surveyors from the class society or underwriter are typically engaged after the initial incident to assess the vessel’s condition and determine the feasibility of salvage under the York-Antwerp Rules 2016 [YORK-ANTWERP-2016]. If the vessel is declared a total loss, the underwriter may require a formal wreck removal plan before releasing funds. Common mistakes include failing to notify the underwriter promptly, which can delay coverage activation, or not securing a salvage agreement under LOF 2020 [LLOYDS-OPEN-FORM], leading to disputes over salvage costs. Delays in initiating removal can also trigger additional liability under the Oil Pollution Act of 1990 [OPA-90] if the wreck poses an environmental risk.


Related Risks

  • Environmental liability exposure → Wreck removal coverage may not extend to pollution response obligations under the Oil Pollution Act of 1990 [OPA-90], necessitating separate pollution liability insurance.
  • Salvage and general average claims → Wreck removal costs may overlap with salvage operations governed by the International Convention on Salvage 1989 [SALVAGE-CONV-1989] and York-Antwerp Rules 2016 [YORK-ANTWERP-2016], affecting apportionment of costs.
  • Hull clause limitations → Coverage for wreck removal may be excluded or restricted under Institute Time Clauses Hulls (1.10.83) [ITC-H-1983] if the vessel is deemed unseaworthy or if the incident arises from an excluded peril.
  • Regulatory compliance failure → Non-compliance with 46 CFR the corresponding regulatory requirements: Operations [USCG-CFR46-PT26] may void wreck removal coverage, particularly for uninspected vessels operating under specific operational warranties.

Questions for Your Broker

  • Does the policy specify coverage limits for wreck removal costs under the International Convention on Salvage 1989 [SALVAGE-CONV-1989] and the York-Antwerp Rules 2016 [YORK-ANTWERP-2016], and are there sub-limits for environmental damage?
  • Are there specific exclusions in the policy for wreck removal operations involving uninspected vessels under 46 CFR the corresponding regulatory requirements [USCG-CFR46-PT26] or vessels not compliant with IACS Unified Requirements W [IACS-UR-W]?
  • What are the required notification timelines under the policy for initiating wreck removal claims, and do they align with the Oil Pollution Act of 1990 [OPA-90] requirements?
  • What documentation is required under the policy to substantiate wreck removal claims, particularly under Lloyd's Standard Form of Salvage Agreement [LLOYDS-OPEN-FORM] and the International Hull Clauses [IHC-2003]?
  • Does the policy define deductible triggers for wreck removal, and are they tied to the vessel’s compliance with Merchant Mariner Credential requirements under 46 CFR the corresponding regulatory requirements [46-CFR-10]?
  • Does the policy require warranty compliance with IMO MSC guidelines [IMO-MSC] and Cyclone Guidance [IMO-MSC-CIRC-1515] as a condition for coverage of wreck removal operations?

Related Papers


References

  1. Lloyd's Standard Form of Salvage Agreement (LOF 2020) (framework) — https://www.lloyds.com/market-resources/salvage-arbitration-branch/lloyds-open-form-lof
  2. CFR 33 (legal) — https://www.ecfr.gov/current/title-33
  3. Oil Pollution Act of 1990 (legal) — https://www.govinfo.gov/content/pkg/COMPS-2991/pdf/COMPS-2991.pdf
  4. International Convention on Salvage 1989 (legal) — https://www.dco.uscg.mil/Portals/9/CG-5R/nsarc/Convention%20-%20Salvage%20(1989).pdf
  5. IACS Unified Requirements W (Welding) (class) — https://iacs.org.uk/resolutions/unified-requirements/ur-w/
  6. International Hull Clauses (01.11.03) (framework) — http://www.fortunes-de-mer.com/documents%20pdf/polices%20corps/Etrangeres/Royaume%20Uni/International%20Hull%20Clauses%202003.pdf
  7. IMO Cyclone Guidance (framework) — https://www.imo.org/en/OurWork/Safety/Pages/Cyclone.aspx
  8. IMO MSC (framework) — https://www.imo.org/en/OurWork/Safety/Pages/default.aspx
  9. 46 CFR the corresponding regulatory requirements: Operations (Uninspected Vessels) (legal) — https://www.ecfr.gov/current/title-46/chapter-I/subchapter-C/part-26
  10. York-Antwerp Rules 2016 (General Average) (framework) — https://comitemaritime.org/wp-content/uploads/2018/06/2016-York-Antwerp-Rules-with-Rule-XVII-correction.pdf
  11. Institute Time Clauses Hulls (1.10.83) (framework) — https://www.fortunes-de-mer.com/documents%20pdf/polices%20corps/Etrangeres/Royaume%20Uni/Institute%20Time%20Clauses%20Hulls%201.10.83.pdf

Disclosure

This content is provided for informational purposes only and does not constitute insurance advice. Coverage terms vary by policy, jurisdiction, and underwriter. Consult a licensed marine insurance broker for guidance specific to your vessel and operations.