FD&D Insurance

FD&D Insurance:
Freight, Demurrage & Defence

Maritime operations can generate substantial legal costs arising from disputes over freight, demurrage, hire and contracts of carriage. Freight, Demurrage & Defence (FD&D) insurance is designed to address eligible legal and related expert expenses incurred in pursuing or defending such disputes, subject to the applicable terms.

SEDDK Licensed Insurance & Reinsurance Broker Independent broker FD&D · P&I · H&M cover coordination Legal costs cover not the principal sum

What Is FD&D Insurance?

FD&D is generally a cover for shipowners and operators for the legal costs of certain maritime commercial disputes. Charterers' eligibility depends on the rules and entry terms of the relevant club or insurer. It is commonly offered through the Defence class of P&I organisations, although other insurer arrangements may also be available.

FD&D is intended to support the pursuit or defence of legal rights. It does not ordinarily insure the underlying commercial debt, receivable or damages in dispute.

FD&D is not receivables or credit insurance, nor does it replace P&I liability cover. The two covers may complement each other, subject to the applicable policy terms and club rules.

Who Is It For?

Shipowners, operators and charterers may need FD&D; eligibility depends on the rules of the relevant club or insurer. In some clubs, Defence cover is offered only for ships with a valid P&I entry, and separate arrangements may apply to charterers. For the charterers' side, see Charterers' Liability Insurance.

What Disputes May Be Covered?

  • Charterparty disputes: Matters arising under time, voyage and other eligible charter agreements.
  • Freight and hire disputes: Payment, calculation and recovery of contractual sums.
  • Demurrage and despatch: Laytime calculations, delays and contractual payments.
  • Bills of lading: Eligible disputes involving carriage documents and contracts.
  • Loading and discharge: Disputes concerning contractual obligations and allocation of responsibility.
  • Marine supply and service contracts: Certain bunker, vessel service and repair disputes.
  • Other maritime disputes: Ship purchase, sale or construction matters where specifically included within the Defence entry.
These categories are not automatically covered under every FD&D product; scope is determined by the relevant rules and entry terms.

What Expenses May Be Covered?

Subject to the relevant club's or insurer's approval, eligible costs may include lawyers' fees, court and arbitration expenses, technical experts, surveyors and other reasonably incurred expenses. Reimbursement of the opposing party's legal costs is not automatic; in some products it may be possible only where the relevant jurisdiction and procedural rules permit such awards, the club or insurer accepts the cost within cover, and the policy and club rules are satisfied.

Important: FD&D does not automatically indemnify the principal sum in dispute, unpaid freight or hire, or underlying commercial damages.

FD&D versus P&I

FD&D and P&I legal costs compared
Legal costs under P&IFD&D
BasisA liability that P&I coversAn eligible maritime commercial dispute (e.g. charterparty, freight, demurrage, bills of lading)
FocusDefence and related costs connected with that liabilityThe legal cost of pursuing or defending rights in the dispute
Principal sumThe liability itself is assessed separately under the P&I rulesDoes not automatically pay the principal sum in dispute
Determined byClub rules, Certificate of Entry and policyDefence rules, entry terms and policy

Legal expenses associated with a liability already recoverable under P&I must be distinguished from costs relating to independent contractual disputes that may fall under FD&D. For the P&I side, see P&I Insurance.

Key Conditions and Discretion

Coverage depends on the subject matter of the dispute, the entered vessel and period of cover, the merits and commercial reasonableness of proceedings, notification requirements, prior authorisation of expenses and the club's rights concerning claims handling.

In many clubs FD&D cover is discretionary: depending on the rules, the club may direct legal proceedings or withdraw support in specified circumstances. Deductibles, members' contributions, limits and exclusions vary by provider and entry.

Key Exclusions and Limits of Cover

The following are examples; the list is not exhaustive and varies by product.

  • Principal sum: The commercial debt in dispute, unpaid freight or hire and awarded damages are not automatically covered.
  • Unapproved expenses: Costs incurred without the club's or insurer's approval may fall outside cover.
  • Proceedings not regarded as reasonable: Support may not be given, or may be withdrawn, for proceedings not considered legally or economically reasonable.
  • Disputes outside scope: Disputes not listed in the relevant rules, ships outside the entry or events outside the period of cover may not be covered.
  • Liabilities covered under P&I: Where a liability is to be dealt with under P&I, the related defence costs are handled under the P&I rules.
  • Breach of obligations: Breach of notification and co-operation obligations may affect the club's support.

Information Needed for a Quotation

  • Vessel and operator particulars, flag, class and tonnage
  • Trading areas and the nature of the chartering activity
  • Contract types used
  • Existing P&I arrangements
  • Requested FD&D scope and limits
  • Previous disputes and claims

Acceptance, additional information requests and terms rest with the relevant club or insurer.

Frequently Asked Questions

What does FD&D insurance do?

FD&D addresses the legal and related expenses needed to pursue or defend rights in eligible disputes arising from freight, demurrage, hire, charterparties and contracts of carriage, within the rules and approval of the relevant club or insurer.

Does FD&D pay the underlying claim or damages?

No. FD&D does not automatically indemnify the principal sum in dispute, unpaid freight or hire, or awarded commercial damages; it focuses on legal and related costs.

Are FD&D and P&I legal costs the same thing?

No. P&I legal costs relate to a liability that P&I covers; FD&D is a separate cover for the legal cost of eligible maritime commercial disputes that are not P&I liabilities.

Is FD&D cover always granted?

No. In many clubs FD&D is discretionary; the merits and reasonableness of the dispute, prior approval of expenses and compliance with the rules are important.

Is a P&I entry required for FD&D?

In some clubs Defence cover is offered for ships with a valid P&I entry; this varies by club and product. The requirement should be confirmed from the relevant rules and entry terms.

Can charterers obtain FD&D cover?

Eligibility depends on the rules of the relevant club or insurer. Different arrangements may apply to shipowners, operators and charterers.

Neolife's Role

Neolife Group provides brokerage support in assessing maritime contractual dispute exposures, reviewing existing insurance arrangements, exploring suitable FD&D solutions and comparing available terms.

Acceptance, limits, cover and reimbursement of legal expenses remain subject to the relevant provider's rules and policy conditions.