Fatigue crack damage to the tubes was discovered in February 2008. Upon investigation it became clear
that the fatigue cracking was caused by resonant vibration, which occurred between Bucharest and arrival
at the Facility. The costs of repairing the tubes and associated costs were claimed under both policies by
Takuma. As such, a dispute arose between the EAR Policy insurers and the Marine Policy insurers as to
whether the damage had arisen prior to arrival at the Facility.