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The boat surveyor’s Dubairole in its investigation and reporting.
Because my principal experience as a surveyor over the years has been
as an underwriters’ surveyor, my comments in this paper are
understandably slanted towards insurance claims but many of the
principles will not be lost on surveyors appointed by other principals.
The role of independent marine surveyors
It is well established that a surveyor’s principal role is to establish
the facts as they relate to nature, cause and extent (three words
with which I am sure you are all very familiar) when instructed to
carry out a damage or loss survey but, of the three, we are
principally concerned in this paper with cause/causation.
However, before becoming immersed in discussion on this
fundamental role I am going to remind you briefly that a surveyor
has at least two other important functions.
A marine insurance policy will often contain a clause specifically
alerting the assured to their responsibilities to take appropriate
steps to mitigate a loss and to claim on third parties.
The assured is required to do both of these as a condition of
acceptance of any claim under the policy but in any event, under
English law, it a common law requirement for a claimant to
mitigate a loss, as it is under the law of many other countries.
Mitigation of loss
Hull and machinery Surveyors, from their wide experience of marine claims in one form
or another, are often in a very good position to advise a claimant on
both their need to mitigate a loss, and also in many cases on the
best method of doing so.
However, surveyors must bear in mind that it is not their role to
actually involve themselves with the appropriate action unless
otherwise instructed by their principals.
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