IMCC 2009
(1st October 2009) 
    Anything but average - how the 
average adjusters role differs 
depending on jurisdiction.     
Moderator 
Richard Cornah (UK)  
Panel 
Phil Gran (USA) 
Phillip Groninger (Germany) 
Rui Fernandes (Canada) 
J ostein Egeland (Norway) 
Bjorn Slaatten (Norway) 
Andrea Papaioannu (Italy)   
IMCC DUBLIN 2009  
ASSOCIATION MONDIALE DE DISPACHEURS (AMD)   
Under its original name of the Association Internationale de Dispacheurs Europens, 
AMD was founded in Antwerp on the 28
th
 April 1961.  
Objects  
1.  Objects of the Association:  
-  the comparative study of the laws, rules, usages and customs of General 
Average and the diffusion of knowledge on these matters; 
-  the promotion of uniformity of practice; 
-  the promotion of improvement and unification of the law on the subject; 
-  the maintenance of good professional conduct; 
-  the promotion of the profession in general.  
2.  The Association seeks to pursue these objects through exchanges of views 
and of documentation, through study of professional topics, through working 
groups  and  forum  discussions,  through  the  promotion  of  regular  personal 
contacts  between  its  members,  and  through  close  liaison,  consultation  and 
co-operation with national and international associations relevant to the above 
objects.  
3.  The  decisions  or  resolutions  which  may  be  adopted  by  the  Association  in 
conclusion of its professional studies are not binding upon the membership.  
Categories of Membership  
The Association comprises the following categories of membership:  
-  A.  Regular Members 
-  B.  J unior Member 
-  C.  Honorary Members 
-  D.  Retired Members 
-  E.  Correspondents  
Any person is eligible for Regular Membership of the Association who practises as 
an average adjuster and who has fulfilled the following conditions to the satisfaction 
of the Management Commission:  
(1)  A  written  request  for  admission  must  be  addressed  by  or  on  behalf  of  the 
applicant  to  the  President  of  the  Association,  such  request  being 
accompanied  by  proof  of  the  applicants  academic  titles,  qualifications  and 
current practice as an average adjuster.  
(2)  The  Council  of  the  Association  shall  vote  upon  the  application  of  any 
candidate-Regular Member as laid down in Article 4 herein.   
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IMCC DUBLIN 2009  
(3)  Full or regular practising membership of any national association of average 
adjusters on the Associations current list of approved national associations of 
average adjusters qualifies the applicant for eligibility, but where the applicant 
is not a full or regular practising member of any such national association, and 
he  is  practising  in  a  country  where  such  a  national  association  of  average 
adjusters exists, he cannot be eligible for admission to this Association.  
  A  national  associations  written  confirmation  of  the  candidates  continuing 
membership shall be accepted as proof of his membership of that association.  
(4)  If the applicant is practising in a country where there is no national association 
of average adjusters, and the first  paragraph of sub-section (3) above does 
not  apply,  he  must  have  obtained  the  approval  of  a  simple  majority  of  the 
adjusters  who  are  practicing  in  that  country  and  who  are  already  Regular 
Members of the Association.  
(5)  If the applicant is practising in a country where legal provisions or regulations 
ordered by the competent authorities govern the practising of the profession, 
he  must  have  obtained  the  officially  required  professional  qualifications, 
without it being necessary for him to comply with any other conditions.  
(6)  When none of the provisions under (3), (4) or (5) above is applicable, he may 
be admitted at the discretion of the Council on a proposal of the President.   
Contact details:  
See www.amdadjusters.org   
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IMCC DUBLIN 2009  
THE BRITISH ASSOCIATION OF AVERAGE ADJUSTERS   
The Role of the Average Adjuster 
Average Adjusters are experts in marine insurance and law, who may be appointed 
by  any  party  in  a  marine  claim  or  dispute.   Irrespective  of  the  identity  of  the 
instructing  party,  the  Average  Adjuster  is  bound  to  act  in  an  impartial  and 
independent manner. 
The following description of that role was given by E.R. Lindley in 1904 and remains 
true today: 
The  use  of  the  adjuster  individually  is  to  grease  the  wheels  of  commercial 
machinery,  to  do  work  which  neither  the  assured  nor  the  underwriter  have  either 
time, training or inclination for, in such a manner as to expedite settlements without 
resort to the expensive machinery of the law: His duty is to act fairly to both parties to 
the  contract  of  insurance  or  the  contract  of  carriage,  to  set  down  all  material  facts, 
withholding nothing of importance, to present the figures of the suggested settlement 
in  such  a  manner  as  to  be  capable  of  being  easily  grasped,  and  above  all,  in  all 
cases  wherever  definite  law  or  practice  is  not  clear,  to  place  the  matter  before  the 
parties interested in such a manner as to facilitate an agreement between them. 
By  experience  and  training,  Average  Adjusters  are  therefore  problem-solvers  and 
mediators.  Fellows of the Association of Average Adjusters have demonstrated their 
expertise by rigorous examination.  
The Founding of the Association 
The  second  half  of  the  18th  Century  saw  an  explosion  in  maritime  trade  and 
associated areas of commerce, not least marine insurance.  It appears that claims 
were referred to brokers or insurers who were respected for their knowledge; Lord 
J ustice  Mansfield  in  his  judgement  in  Lewis  v  Rucker  in  1761  said  that  he 
endeavoured to get what assistance I could by conversing with some gentlemen of 
experience in adjustments. 
That  this  informal  system  was  found  to  be  unsatisfactory  was  made  clear  by 
Wesketts  scathing  comments  in  his  Complete  Digest  of  the  Theory  Laws  and 
Practice  of  Insurance,  published  in  1781.   He  lamented  the  lack  of  any  proper 
system  for  dealing  with  claims,  finding  numberless  instances  of  unskillfullness, 
negligence and error and despairing that  
.litigation is become so rife, there is necessity, how ever strange it may appear, 
for the almost daily attendance, which may be observed, especially in term time, of 
no less than 4 or 5 Attornies at Lloyds Coffee-House!  What a degradation is this of 
mercantile character and abilities! 
The  beginning  of  the  19th  Century  saw  the  emergence  of  the  first  known 
professional average adjusters, William Benecke and Robert Stevens, who practised 
in the City of London from 1800 onwards.    
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IMCC DUBLIN 2009  
The  first  formal  association  of  the  individual  average  adjusters  practising  in  this 
country took place in 1869, at the prompting of the underwriting members of Lloyds 
and the Liverpool Underwriters Association.  The Association redirected its attentions 
to The promotion of correct principles in the adjustment of Averages and uniformity 
of  practice  amongst  Average  Adjusters  and  the  maintenance  of  good  professional 
conduct. 
The Association has continued to play an important part in various Committees in the 
London Market and has close relationships with other international associations and 
insurance markets.  An Association working party was closely involved in the drafting 
of  the  International  Hull  Clauses  and  the  recent  revision  of  the  Builders  Risks 
Clauses.    Fellows  of  the  British  Association  practice  in  many  of  the  worlds  main 
maritime centres. 
The Rules of Association  
The Association has two sets of Rules.  
The  Rules  of  the  Association  relate  to  the  constitution  and  regulation  of  the 
Association.  The other set of Rules maintained by the Association are the Rules of 
Practice  which  have  been  established  to  achieve  uniformity  of  practice  in  the 
adjustment of marine insurance claims and general average.  
Both  sets  of  rules  can  be  viewed,  printed  or  downloaded  from  the  Association 
website: average-adjusters.com.  
Examinations  
The Associations examinations are open to all who wish to take them, provided they 
have a bona fide interest in marine insurance or the marine industry in general.  
The examinations required for the categories of membership are as follows:  
Associate  
Module 1:  The  Marine  Insurance  Act 1906  and  related  principles  of 
insurance. 
Module 2:  Hull and Cargo claims.  
These modules can be taken in any order and the pass mark is 60% per paper with 
a  distinction  being  awarded  for  80%.  The  papers  are  of  2  hours  duration. 
Specimen  papers  and  a  list  of  topics  for  each  examination  are  available.  Roughly 
75% of the Module 2 is related to Hull and Machinery claims, with the emphasis on 
the standard clauses and claims for damage repairs; only an outline knowledge of 
general average is required.  
Fellow  
Module 3:  General Average, Salvage and Carriage of Goods by Sea 
Module 4:  Hull Claims  
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IMCC DUBLIN 2009  
Module 5:  Collision liabilities, ancillary insurances on ships, cargo claims 
Module 6:  Practical Adjustments  
These modules require a detailed knowledge of their subjects and the pass mark is 
75%.  The  papers  for  Modules  3,  4,  and  5  are  of  3  hours  duration.  The  Practical 
Adjustment paper lasts 5 hours.   
Further  information  can  be  obtained  from  the  Convenor  of  the  Examination 
Committee:  David Pannell [pannellandcompany@hotmail.com]  
Instructions  
The  Associations  Rules  allow  the  Adjuster  to  be  appointed  by  any  party  and  the 
Adjuster will act impartially whatever the source of instructions.  
Historically,  the  practice  in  the  UK  has  been  for  Adjusters  to  be  appointed  by  the 
Assured,  and  for  his  fees  to  be  paid  as  part  of  the  claim.      This  model  has  been 
followed  in  other  parts  of  the  world,  such  as  Greece,  but  in  many  markets 
instructions  come  from  Insurers,  and  this  is  also  being  seen  increasingly  in  the 
London Market.  
Payment of Fees  
The Association Rules do not include any provisions regarding fee structures, and, 
subject  to  the  normal  considerations  of  professional  good  practice,  the  Adjuster  is 
free to agree any fee structure that is acceptable to the parties involved.  In the great 
majority of cases fees are charged on an hourly basis.  
In 2005 the Association and the J oint Marine Claims Committee drew up a Market 
Understanding  setting  out  how  fees  would  be  shown  in  adjustments,  and  the 
supporting  information  that  would  be  provided  regarding  hours  worked  and  hourly 
rates.  
As part of the initiative it was agreed that the Association would nominate a Panel of 
four persons to whom reference can be made in the event of a dispute relating to the 
fees charged by any Average Adjuster.  The Panel consists of the Chairman of the 
AAA  and  three  other  persons,  one  being  another  Fellow  of  the  AAA,  one  being 
appointed  by  the  J oint  Marine  Claims  Committee  (J MCC),  and  one  by  Xchanging 
Claims Services.     
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IMCC DUBLIN 2009  
THE ITALIAN ASSOCIATION OF AVERAGE ADJUSTERS   
  In  Italy  the  Parties  require  the  Adjuster  to  examine  the  prominent  facts  and  to 
indicate,  strictly  on  the  basis  of  policy  conditions,  whether  the  claim  is  payable 
and,  if  this  be  the  case,  what  the  amount  of  indemnity  is.  The  findings  of  the 
Adjuster  in  respect  of  both  the  former  and  the  latter  issue,  set  forth  in  the 
adjustment, are not in themselves binding for the Insured or for the Insurer. They 
only become so if both these parties accept it as a valid solution of the case and 
spontaneously enforce it (which, in the Italian system, takes place by the Insurer 
presenting  the  Insured  with  a  discharge  and  subrogation  receipt  conforming  to 
the adjustment and by the Insured signing such receipt).  
  In Italy the Adjuster is appointed by the Insurer and not by the Insured. From a 
theoretical point of view this does not imply any difference: if the Adjuster gives, 
as he should, an independent judgment, the result of his work must obviously be 
identical  whoever  is  the  party  to  the  insurance  contract  applying  for  his 
intervention.  
  According  to  the  Italian  system  the  cause  of  damage    the  first  aspect  to  be 
determined    is  amply  discussed  technically  well  before  the  case  gets  to  the 
Adjuster. In case of differing views it is therefore probable that the case results 
not in an adjustment but in a technical arbitration. Though this does not entail that 
the  cause  of  damage  may  not  face  the  Adjuster  with  problems    the  technical 
conclusions must in fact always be compared to policy conditions -, it is however 
quite likely that the Adjuster receives mainly those claims for which, as to their 
technical  cause,  a  substantial  agreement  has  already  been  reached  by  the 
Parties.           
  As  for  the  other  important  aspect,  i.e.  the  correct  quantification  of  indemnity,  it 
must be borne in mind that the number of the sets of clauses which are actually 
in use, in Italy and elsewhere, is somewhat limited and in almost all cases they 
are well known and amply tried clauses. A further source of evaluation consists in 
the  Rules  of  Practice.  In  their  main  guidelines  the  most  important  Rules  of 
Practice devised by the Association of Italian Adjusters are not very different from 
those adopted by the Associations of other countries, which avoids coordination 
problems  also  in  cases,  very  frequent,  where  Italian  policies  include  foreign 
clauses which must be construed in the same way they are so construed in their 
own legal system.  
  It is therefore nearly always possible for the Adjuster to treat the main issues of 
the claim according to policy provisions or to the Rules of Practice. In the few and 
very  marginal  cases  where  there  is  no  specific  policy  provision,  Italian  practice 
affords perhaps more freedom to reach decisions on the basis of equity. The fact 
that the Adjuster enjoys the direct trust of Insurers renders useless  differently 
from other systems  submitting the particular solution to the attention of Insurers 
and  means  that  the  approval  of  the  latter  may,  in  most  cases,  be  given  for 
granted (substantially if not formally). The Adjuster is anyhow always required to 
provide  accurate  and  detailed  explanations  of  the  reasons  why,  in  a  given 
situation, he has decided a certain solution was the most logical and sensible.          
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IMCC DUBLIN 2009   
  The task that the Adjuster must carry out requires him to be adequately prepared. 
This is ensured by him belonging to the Association of the Adjusters of Marine 
Claims  (ALAM),  which  has  been  operating  in  Italy  for  over  sixty  years.  A  few 
years  of  practice  with  a  professional  Adjuster  already  belonging  to  the 
Association allows the candidate to take a first examination and to be admitted as 
an associate partner. Only after further years of practice and a final examination 
comprising all the subjects of professional interest he is allowed to be admitted to 
all  effects  as  a  partner  to  the  Association.  A  further  proof  of  preparation  and 
competence  is  provided,  then,  by  being  a  member  of  the  World  Association  of 
Adjusters (AMD).  
  Obviously  the  non-binding  nature  of  the  Adjusters  findings  allows  Insurers  to 
evaluate  them  carefully  before  adhering  to  them.  This  review,  in  the  Italian 
insurance market, is carried out not only by the Leading Company who is directly 
involved but also by a specific organism  the Control Committee  which groups 
the  main  companies  dealing  with  marine  insurance.  In  its  weekly  meetings  the 
members of the Committee, aided by the Secretary and by the current Controller 
(both  of  them  professional  Adjusters),  closely  examine  the  cases  being 
submitted, giving advices which may support to the Insurers involved in accepting 
or not the adjustment.  
  The  cost  of  the  adjustment  procedure  is  borne  by  the  Insurers,  like  in  other 
markets, though differently from some of these it is not reimbursed to the Insured 
as part of the indemnity but is paid directly by the Insurers to the Adjuster. There 
are  no  mandatory  bases  of  calculation,  though  for  a  long  time  the  tables  (now 
abolished) for the calculation of the amounts due to the Leading Company have 
constituted  in  a  certain  way  a  reference  point.  Fees  and  expenses  are  debited 
according to the work performed by the Adjuster case by case.       
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IMCC DUBLIN 2009  
NORWAY (Independent)   
Average Adjuster Bjrn Slaatten  Average adjusters role in Norway  IMCC 
2009.  
1. Education / Qualification of average adjusters  
The market offers different courses of marine insurance managed by Cefor and the 
Faculty of Marine Law, University of Oslo.  
Formal training to become an appointed average adjuster is to work as trainee with 
an appointed average adjuster for two years. An individual program will be prepared 
for the candidate but the candidate depending on background will normally also be 
attending the Cefor Insurance Education Program.    
The candidate shall preferably have a legal background.  
Average adjusters are appointed by the Ministry of J ustice (since 1999).  
The average adjusters are subject to the same legislation with regard to impartiality 
as judges. Besides the appointment by the state, the state is not involved with the 
work of the average adjuster.   
2. Representative body  
As there are only two appointed average adjusters in Norway there is no longer a 
representative body.   
3. Instructions  
In Norway average adjusters are primarily instructed by the insurers but in General 
Average cases the normal procedure is that vessel interests instruct.  
Disputes  The assured chooses the average adjuster.   
4.  Who pays you and how are fees calculated?  
The insurer who is normally the instructing party will pay the fee.  
The same applies for dispute cases unless the claim for a second opinion is clearly 
unfounded.   
Primary  basis  is  an  hourly  fee  but  the  size  of  the  adjustment  can  also  have  an 
impact.      
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IMCC DUBLIN 2009  
THE SCANDINAVIAN MODEL  THE IN-HOUSE ADJUSTER    
1.  Education  
 Master Marine Insurance and Risk management  
 Cefor Insurance Education Program  
 Various Courses around the world  
 On the job training   
2.  Representative Body  
 CEFOR  
  Claims committee  
  J oint claims committee with Norwegian Brokers  
 Standing Revison Committee   
3.  Instructions  
 The assured has a duty to notify the insurer of a casualty (NMIP  3-29)  
 In-house claims handling and adjusting; i.e. instructed by own club/company 
(NMIP  5-2 and 9-9).  
4.  Payment  
 Claims handling and adjusting fee for all claims, claims lead pay for own 
share.   
 Normally include work done by in-house technical experts, claims handlers, 
adjusters and legal expertise.   
 No profit  
 Combination of internal fee scale and evaluation of hours spent.   
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IMCC DUBLIN 2009  
THE CANADIAN ASSOCIATION OF AVERAGE ADJUSTERS   
The  Association  of  Average  Adjusters  of  Canada,  founded  in  1967,  has 
approximately 50 members divided into: Full Member (10) and Associated Member 
(40).  
The  administration  (secretary/treasurer)  is  headquartered  in  Toronto  with  the  web 
site being www.averageadjusterscanada.com.  
The Association has had, since its founding, a close relationship with the Canadian 
representative  bodies  for  marine  underwriters  and  lawyers,  being  the  Canadian 
Board  of  Marine  Underwriters  (www.cbmu.com)  and  the  Canadian  Maritime  Law 
Association (www.cmla.org) respectively. Members of our Association have served 
and  continue  to  serve  on  certain  committees  within  these  associations.  The 
Association, through various members, also maintains a liaison with various marine 
related departments within the Canadian Federal Government and certain Canadian 
Provincial Governments.  
The  general  rules  of  marine  insurance  in  Canada  can  be  found  in  the  Federal 
Government Marine Insurance Act (1993) (www.laws.justice.gc.ca/en/M-0.6/). 
 
An  Average  Adjustment  does  not  have  a  legal  standing  in  Canadian  Federal  or 
Provincial law. 
 
The  Canadian  Associations  members  receive  appointments  from  various  sources, 
such  as  Underwriters,  Assured  and  Insurance  Brokers,  the  majority  of  which 
emanates from Canada. 
 
There is no fixed rule regarding the calculation of fees. However, it is understood that 
members of the Association either charge an hourly rate or as per a fixed scale. The 
majority of the fees charged are usually settled direct by Underwriters or the Assured 
or via an Insurance Broker. 
 
The membership categories for the Association of Average Adjusters of Canada are: 
 
- Full Members 
- Resident Associate Members 
- Foreign Associate Members 
- Honorary Members 
 
The  categories  of  Resident  and  Foreign  Associate  membership  are  taken  up  by 
those who have an interest in marine matters and the workings of our Association. 
Election  to  this  category  of  membership  is  by  nomination  and  the  approval  of  the 
membership committee (unofficially - we refuse no one with a genuine interest). 
 
Honorary Membership speaks for itself. 
For  election  to  Full  membership,  the  requirement  is  that  the  candidate  shall  firstly 
meet the approval of the membership committee to be allowed to sit the examination 
 
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IMCC DUBLIN 2009 
 
and then pass a set of written exams which, over a period of 2 consecutive days, 
incorporates  3  papers.  These  papers,  which  are  summarized  below,  are  aimed  at 
testing a candidates knowledge of both theory and practice in order to ensure that 
he or she, as a Full member, is capable of offering the highest standards of service 
to the maritime community. 
 
Paper 1 
 
Principles  and  practice  relating  to  marine  insurance,  the  Canadian  Marine 
Insurance Act, maritime law, general average (including York-Antwerp Rules), 
salvage,  collision,  contracts  of  affreightment,  policy  forms,  standard  marine 
insurance clauses and the rules of the Association. 
 
Paper 2 
 
Somewhat more advanced than Paper 1 and comprises of questions requiring 
candidates  to  demonstrate  a  sound  practical  knowledge  of  adjusting  of  all 
types  of  marine  claims.  These  include  but  are  not  limited  to  those  involving 
particular  average,  general  average,  salvage,  collisions,  recoveries,  etc. 
falling under policies covering ship (hull & machinery), cargo, freight, including 
disbursements/excess  liabilities/increased  value,  P&I  and  general  marine 
liability, total loss (actual/constructive/arranged), reinsurance, loss of revenue, 
etc. 
 
Paper 3 
 
Comprises an adjustment to be drawn up on given data and information. This 
paper  effectively  takes  the  form  of  a  case  study,  and  therefore  requires  the 
candidate  to  demonstrate  in-depth  knowledge  on  many  matters  of  practical 
application  and  relevance,  often  in  considerable  depth,  across  the  entire 
spectrum of the practicing adjusters normal activities. 
As  an  aside,  it  has  previously  been  asked  why  we  do  not  also  have  an  oral 
examination. Unofficially, it is our Associations stance that as a small Association we 
are more aware of prospective candidates abilities. Given this knowledge, the oral 
ability  of  a  candidate  is  addressed  by  the  membership  committee  at  the  time  the 
members application, to sit our examinations, is reviewed.  
 
To assist a candidate towards the examinations, the Association provides mentoring 
of candidates by a designated mentor who is a Full member. Additional mentoring 
support  is  provided,  as  required,  by  our  other  Full  members  and  our  Associate 
members who may have a specific skill which would assist the candidate in his or 
her studies. 
 
The Association has, on the drafting board, a proposed set of recommendations as 
to  how  we  may  revise  the  examination  process  to  better  facilitate  access  to 
becoming  a  Full  member.  These  recommendations,  whilst  not  diluting  the 
professional  qualifications  of  Full  membership,  are  particularly  aimed  at  those 
candidates  who,  perhaps,  do  not  practice  average  adjusting  on  a  daily  basis,  but 
who  through  an  examination  process,  wish  to  extend  and  develop  their  own 
 
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IMCC DUBLIN 2009 
 
professional  skills.  To  this  end  the  modular  examination  format  over  a  prescribed 
period of time is germane to these recommendations. 
 
The Association has 2 rules of practice, both of which are shown on the web site, as 
follows: 
 
Rules of Practice (other than the Great Lakes) 
 
These  rules,  for  the  adjusting  of  General  and  Particular  Averages,  are  generally 
similar to most other Average Adjusting Associations. 
Rules of Practice for the Great Lakes 
 The seasonal trade (on this vast system of Lakes and locks) has brought about a set 
of rules of practice, specifically the following:  
5.  Deferment of repairs for Owners convenience  
Where  repairs  of  known  damage  are  deferred  for  the  convenience  of  the  owner 
beyond fifteen (15) months  
  (Note:  Up  to  15  months,  from  the  first  reasonable  opportunity  to  effect 
damage  repairs,  the  full  cost  of  repairs  is  allowable  without  regard  to  any 
increase in cost due to deferment)  
7. Interest and commission in General Average  
1.   Bulk Cargo and Vessel in Ballast  
  Interest  and  commission  on  allowances,  sacrifices  or  expenditures  are  not 
allowable  in  General  Average  in  ballast  cases  or  in  cases  involving  the 
carriage of bulk cargoes.  
8. Valuation of contributing interests in General Average  
The  vessel  shall  contribute  to  General  Average  on  a  value  based  upon  the  full 
agreed insurance valuation appearing in the insurance policy or policies on Hull and 
Machinery, without taking into consideration any insurance effected on said vessel 
on increased value or excess liabilities.     
The  cargo  shall  contribute  to  General  Average  on  a  value  based  upon  its  insured 
value or, if uninsured, its invoice value including guaranteed freight paid or payable.  
The freight shall contribute to General Average based on the gross mount at risk and 
earned less one half. 
 
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IMCC DUBLIN 2009 
 
9. Cargo and freight  amount made good in General Average 
 
The amounts to be made good as General Average for damage to or loss of cargo 
and loss of freight arising therefrom shall be calculated on the same basis as for the 
contributory values deal with in Rule No. 8. 
 
These  Great  Lakes  rules  of  practice  have  been  embodied  into  Bills  of  Lading, 
Charter Parties and the Great Lakes Hull Clauses as issued by the Canadian Board 
of Marine Underwriters. The specific wording in this set of Hull clauses is: 
 
  Claims hereunder to be adjusted in accordance with the Rules of Practice for 
the Great Lakes of the Association of Average Adjusters of Canada Rules so 
far as they may be applicable. 
 
 
 
An Average Adjustment is a statement of the facts and an analysis of the claim on 
the policies of insurance that arises from a certain set of circumstances. Since the 
Average  Adjusters  role  is  impartial  in  arriving  at  the  requested  opinion,  then, 
regardless  of  who  may  appoint  an  Average  Adjuster  on  a  claim  and  regardless 
where  in  the  world  the  Average  Adjuster  may  practice,  the  resulting  Average 
Adjustment should essentially be the same. Therefore, Average Adjusters are able to 
act on behalf any party with an interest in the marine adventure for the purpose of 
stating the liability arising from a loss under the policies of marine insurance. 
 
 
 
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IMCC DUBLIN 2009 
 
GERMANY 
 
SWORN AVERAGE ADJUSTERS IN GERMANY 
 
 
1. Education / Qualification: 
 
Minimum 5 Years Employment at an Average Adjusters Office, Minimum Age: 30 
Years 
 
PRECONDITIONS: 
 
1. University Education: 
-  Completed Academic Studies (Law or Economics) OR 
 
-  Completed Engineering Studies (Naval Architect or Machine Building 
 
OR 
 
2. Practical Shipping / Transport Insurance related Education (German Dual System; 
Training on J ob / Public School) 
 
OR 
 
3. Degree as Nautical Officer or Captain 
 
EXCEPTION: 
10 Years Employment in Shipping Industry whereof 7 Years in an Average Adjusters 
Office  
 
   Application at Local Chamber of Commerce 
 
 
APPLICATION / EXAMINATION: 
 
 
-  Proof of Practical Experience in the Preparation of Adjustments 
 
-   Providing Sample of Adjustments 
 
-  Proof of Knowledge of Theory and Practice of National / International Law of: 
 
-  General Average  
-  Marine Insurance  
-  Contracts of Affreightment 
 
-  Knowledge of Shipping and Ship Technology 
 
-  Good Command of English Language 
 
 
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IMCC DUBLIN 2009 
 
  Written and Verbal Examination by  
Sworn Average Adjusters  
appointed by Local Chamber of Commerce  
 
 
In Addition the Applicants Trustworthiness is to be demonstrated by  
 
 
-  Certificate of Good Conduct 
 
-  Certificate of Reliability by the Tax Authorities  
 
-  Reference by 5 well-reputable Members of the Shipping / Insurance Industry 
  
-  Declaration by the Applicant about the willingness to act as independent and 
impartial Adjuster 
 
-  Declaration of Exemption by the Employer, if employed 
 
  Sworn in by Local Chamber of Commerce for General Average, Particular 
Average, Loss of Hire, Third Party Liability and Collision Recovery 
Statements 
 
 
2. Representative Body 
 
Verein Deutscher Dispacheure e.V. 
(Association of German Average Adjusters) 
 
 
3. Instructions 
 
General Average: Usually the Shipowners 
 
Particular Average / Loss of Hire / Third Party Liability:  Varies, basically all Parties: 
Shipowners, Brokers, 
Underwriters   
 
 
4. Fees 
 
Usually a percentage of the Claim Amount, included in the Claim Amount / General 
Average Adjustment. 
 
 
 
 
 
 
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IMCC DUBLIN 2009 
 
THE U.S. ASSOCIATION OF AVERAGE ADJUSTERS 
 
 
1.  Education/Qualification of average adjusters: 
 
Education: 
 
  By  and  large  the  formal  training  for  preparation  to  sit  The  Association  of 
Average  Adjusters  of  the  United  States  (USAA)  exams  is  done  in-house  by 
qualified average adjusters who provide hands-on training using to day to day 
case/casualty experience. 
 
  USAA  has  a  formal  relationship  with  St.  J ohns  University  which  provides 
university  level  courses  on  various  aspects  of  marine  insurance.    Formal 
courses are provided on cargo, hull and machinery, maritime law, and marine 
liabilities.    There  is  also  a  course  taught  by  three  Full  Members  of  the 
Association  which  specifically  covers  average  adjusting  including  Particular 
Average, Collision Liabilities, and General Average. 
 
  USAA  works  closely  with  the  American  Institute  of  Marine  Underwriters 
(AIMU)  who  hosts  seminars  and  webinars  on  marine  insurance  related 
topics.    Webinars  are  being  planned  on  specific  adjusting  topics  enabling 
average adjusters in the US to reach a larger audience. 
 
  USAA has created a Mentors Manual which provides practical materials to 
assist a candidate in studying for the final exams. 
 
  USAA  maintains  a  website  that  stores  and  provides  access  to  substantial 
references.  The website is www.usaverageadjusters.org  
 
Qualifications: 
 
  USAA has three categories of membership by formal examination: 
 
  J unior Members- Actively employed for two years as either an underwriters 
claims  examiner  or  adjusters  and  mentored  by  a  Full  Member  and  have 
passed a written examination. 
 
  Hull Claims Professional Member- Actively employed for three years as either 
an underwriters claims examiner or adjusters and mentored by a Full Member 
and have passed a written examination. 
 
  Full Members- J unior Members and Hull Claims Professional Members of at 
least five years experience and mentored by a Full Member and have passed 
a written examination. 
 
 
 
 
 
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IMCC DUBLIN 2009 
 
 
18
2.  Representative Body 
 
  The  Association  of  Average  Adjusters    of  the  United  States  (USAA)  
www.usaverageadjusters.org 
 
  In addition to Education activities noted above- Maintain standing Committees 
on  Rules  of  Practice,  Liaison  with  other  Associations  on  key  issues, 
participate in seminars with AIMU, publish an Annual Report. 
 
  Provide  scholarships  for  excellence  in  marine  insurance  studies  to  students 
attending the three major maritime universities training sailors. 
 
  Host an annual meeting and bloody good dinner the first Thursday in October 
which happens to be later tonight! 
 
 
3.  Who instructs you? 
 
  In the US average adjusters are primarily instructed by vessel interests 
but also regularly receive instructions from underwriters and P&I Clubs. 
 
 
4.  Who pays you and how fees are calculated- hourly rate, size of adjustment, 
percentage of claim? 
 
  Fees are paid by the instructing party and for part of the claim on the 
policies. 
 
  In the US market the calculation of fees varies between the adjusting 
companies-  either  as  part  of  broking  houses  or  independent 
companies.  Some rely on purely percentage of claims ranging from 2 
to 5% for PAs and GAs 6 to 9%. 
 
  Some  adjusters  set  fees  utilizing  hours  as  the  primary  basis.    The 
hourly  rates  would  range  from  $150  to  $350  per  hour  based  on  the 
level of expertise- J unior/Full Member