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Enron Mail |
David,
Please be advised that Underwriters' adjuster has agreed that our chemist may meet with theirs. Please so advise Steve Jones, provide him with a copy of Underwriters' response to our claim, and have him meet with Underwriters' adjuster as soon as possible. (Jim, thanks for getting this set up with Underwriters' adjuster so quickly). Many thanks. Britt -----Original Message----- From: Davis, Britt Sent: Thursday, June 07, 2001 8:58 AM To: Studdert, James P. Cc: Sanders, Richard; Collins, Harry; Robison, Michael; Aronowitz, Alan; 'David.Best@clyde.co.uk' Subject: In re M/V PACIFIC VIRGO Jim, This will confirm our telephone conference about this matter, in light of Underwriters' recent response to our claim. You will ask Underwriters' adjuster for permission for our chemist to speak directly with their chemist immediately about the facts. You will also ask for a meeting to be set up for you, our broker, and Underwriters' adjuster to see whether Underwriters mean to take a hard line on our claim. Interestingly, Underwriters' position seems to be, at least preliminarily, and subject to further comment by their chemists, that nothing was wrong with our cargo or the ship; the cargo was simply misdescribed as turbine fuel-grade condensate by SGS due to flawed testing by SGS at loadport, when it was in fact nothing better than crude. Meanwhile, we all noted that Underwriters' adjuster included the following statement in her report: "It has not been demonstrated that the oil suffered from inherent vice." I am both pleased and surprised that this was included in Underwriters' report, and share David's feeling that the adjuster probably inadvertantly copied this from a confidential report from her chemist. If we can successfully hammer at Underwriters' preliminary theory, Underwriters will find it more difficult to fall back on an inherent vice defense. I await further word from you. Many thanks for your help. Britt
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