ENERGY EXPLORATION & CONSTRUCTION POLICY
THE
INSURER HEREBY AGREE to insure the Insured against loss/ damage/ liabilities/
costs and expenses in accordance with the terms, conditions and
limitations contained in this Policy.
PROVIDED
that the liability of the Insurers shall not exceed the Sums Insured or limits
of Insurers’ liability stated in this Policy or such other limits as may
be substituted for these by Endorsement to the Policy signed by or on behalf of the Insurers.
POLICY SCHEDULE
i. INSURED :
Address :
GSTIN :
Contact No. :
Email Address :
Intermediary Details :
ii. LOSS PAYBEE: :
iii. THE PERIOD OF INSURANCE
Upto 84 months from at 00:01 a.m. Local
Standard Time at the location of the property or operations insured.
Start Date: End Date:
iv. THE INTERESTS INSURED AND
COVERAGE UNDER THIS POLICY
The coverage under this policy is applicable only for following insured sections as mentioned below and subject to the sum-insured or limits, deductibles specified against each section
Section Description Sum Insured/Limit Deductibles
v. Schedule of Items Insured:
Section Description Sum
Insured/Limit
vi. Navigational Limits (If Applicable):
vii. Other specific terms,
conditions, limitations:
viii. PREMIUM
SECTION DESCRIPTION PREMIUM (INR)
1.
2.
3.
4.
5.
6.
7.
Sub Total
CGST
@x%
SGST@x%
IGST@x%
Total Premium
ix. Reporting and Adjustment Condition
The
insured agrees to report to the Insurers the status of all wells insured under
this policy at the end of the Period of Insurance, at which time the
Premium for any drilling and workover wells shall be adjusted, with the premium
to be calculated on the rates agreed by the Insurers at inception of the
policy.
SIGNED for and on behalf of
GENERAL CONDITIONS
(Applicable
to all the Sections insured hereunder). These conditions are in addition to
other conditions specified in the policy.
1. GENERAL WARRANTIES
(A) It is warranted that:
i. where the
Insured has an operating interest in an operation or any operations are within
its direct
control,
the Insured shall exercise due care and diligence in the conduct of
all operations insured
utilizing all safety or hazard control practices and/or
equipment generally considered to be
prudent for such
operations or necessary
to comply with regulations or industry requirements
(including, but not limited to, blowout preventers). In the event that any hazardous
condition
develops with respect to property, operations or wells
insured, the Insured shall make all
reasonable efforts to prevent the happening of an
Occurrence or loss or to minimize the effects
of such Occurrence or loss; and
ii. where the Insured has a non-operating interest in
any operations or any operations are outside
its
direct control, it will use all reasonable endeavors to ensure that the
operator or the contractor or other party having direct control complies with
all the practices, regulations and requirements stated in paragraph A. above.
(B) It is further warranted that no excess coverage is
in place in respect of any coverage provided
under this Insurance unless specifically agreed by the Insurers.
(C) It is understood that a drilling well survey is
to be carried out prior to spudding in of the first drilling
well
in any field and it is warranted that all recommendations made by the surveyor
will be complied with by the Insured.
(D) It is understood and agreed that coverage is
subject to a risk survey by a surveyor appointed by
insurer within 90 days
of attachment and it is warranted that all recommendations are to be complied with.
The scope of surveyor shall be provided by insurers which includes
Drilling Plans, Property, Operations and Maintenance.
2. NOTICE AND PROOF OF LOSS
The
Insured shall give to the Insurers, as soon as practicable, notice of any
Occurrence which may result in a
claim under this Insurance, stating the time, place,
cause and circumstances of such Occurrence.
The Named
Insured shall also file with the Insurers, as soon as
practicable, a detailed, sworn Proof of Loss and Payment
Order. The Insured shall, if requested by the Insurers,
make available to the Insurers or their representatives
all records, agreements, contracts or other documents
needed to determine or substantiate a claim.
3. SUBROGATION
A. The
Insurers shall, upon reimbursement to the Insured of any loss, damage or
expense, be
subrogated to all the Insured's rights of recovery against any other person, firm or corporation who
may
be legally or contractually liable for such loss, damage or expense so
reimbursed by the
Insurers.
B. It is
agreed that the Insurers may make claim upon and institute legal proceedings
against any
parties
believed responsible for loss, damage or expense reimbursed under this
Insurance in the name of the Insured, and the Insured shall
provide Insurers with their full co-operation in pursuing such claim or legal
proceedings.
4. OTHER INSURANCE
If
at the time of any loss or damage happening to any risk insured hereunder there
be any other subsisting
insurance or insurances, whether effected by the insured
or by any other person or persons covering the same
property, this Company shall not be liable to pay or
contribute more than its rateable proportion of such loss
or damage.
5. COLLECTION FROM OTHERS
No
loss shall be paid by the Insurers under to the extent that the Insured has
collected the same from any
other party.
6. INSPECTION AND DISCOVERY OF RECORDS
The
Insurers shall have the right of inspection and discovery of the Insured's
records pertaining to all matters of whatsoever nature relating to the
property/risk insured under this Insurance.
7. CANCELLATION
This
insurance may be terminated at any time at the request of the Insured, in which
case the Company will retain the premium at customary short period
rate for the time the policy has been in force.
This insurance may also at any time be terminated at the
option of the Company, on 7 days notice to that effect being given to the Insured, in which case the Company shall be liable to repay on
demand a rateable proportion of the premium for the
unexpired term from the date of the cancellation.
8. DEDUCTIBLE
It
is agreed and understood that, until unless specified specifically, each claim
(including claims under the sue and labour clause)
shall be reported and adjusted separately and from the amount of each claim the
sum as stated in the Policy Schedule shall be deducted. For the purpose of this
clause each accident or occurrence shall be treated separately, but it is
agreed that a sequence of losses or damages arising from the same occurrence shall be treated as one occurrence for
each section.
ADDITIONAL CONDITIONS (Applicable to Section 1)
(1) SPECIAL CONDITIONS/ BLOWOUT PREVENTER WARRANTY This Section One does not cover any loss:
Occurring while the property described herein
is being operated by others than the Insured or the
Insured's
employees, unless otherwise agreed to by Insurers hereon by endorsement
attached hereto. Permission is granted for the
property insured to be operated by the well owner or operator as required in
the drilling contract.
(b) Occurring while oil, gas or air is being used as a drilling fluid but
this shall not exclude the use of
oil base mud, nor the use of oil for "drilling- in" nor the
use of oil for "washing-in" purposes.
(c) Unless a blowout preventer of standard makes properly installed and
tested in accordance with
the usual practice is being used. (Not applicable to cable tool rigs and
spudders).
Warranted
that blowout preventer(s) of standard make will be set in the surface casing,
such blowout preventer(s) to be installed and tested in accordance will the
usual practice.
(2) CO-INSURANCE
If the Property hereby insured shall, at the time of accident, has
greater value than the sum insured thereon,
then the Insured shall be considered as being his own
insurer for the difference and shall bear a rateable
proportion of the loss accordingly. The insured shall maintain sum insured equal
to the reinstatement value.
(3) CONSTRUCTIVE TOTAL LOSS
There
shall be no recovery for a Constructive Total Loss hereunder unless the expense
of recovering and repairing the property insured shall exceed
the actual insured value.
In
no case shall Insurers be liable for unrepaired damage in addition to a
subsequent Total Loss sustained during the period covered by this insurance.
(4) AUTOMATIC
ACQUISITIONS CLAUSE
Subject
to the terms, conditions and limitations of Section 1, the Insurers agree that
this Insurance automatically extends to cover:
A. Additional property
and/or interests of the type
described under the definition of
the property
insured within
Section 1 which
may be acquired or otherwise
become at the risk of the Insured during the Period
of Insurance, but
coverage in respect
of any such
additional property and/or interests will
cease 30 days
after the date
of acquisition or becoming at the risk of the Insured unless
such additional property and/or interests are reported to and accepted by the Insurers within that 30 day period (or the expiry date of the Policy if
sooner); and
B. any increases
in values of
property insured following
construction, renovation, installation,
erection
or assembly operations covered under Section One of this Policy in accordance
with “Minor Works”; and
The Named Insured agrees to pay additional premium within 30 days on agreed Rates from the date acquired or becoming at the Insured’s risk to expiration if required by the Insurers. All the coverage under this section shall cease if insured doesn’t pay premium within specified time
5) REMOVAL OF
WRECK/DEBRIS
The
insurance under this Section 1 is extended to indemnify the Insured for all
costs or expenses of, or
incidental to the actual or attempted raising, removal or
destruction of the wreck and/or debris of property
insured which results from loss of or damage to such
property insured as a result of a peril insured against,
including the provision and maintenance of lights,
markings, audible warnings and the like, when the incurring
of such costs and/or expenses is necessary for
reinstatement of the property, or
is compulsory by law or
ordinance,
or is by contractual obligation or when the Insured
may not or cannot, for practicability of
the
Insured's
operations at the
site in question,
abandon the wreckage
or debris, provided, however, that
from any such claim for costs or expenses shall be
deducted the value of property salvaged or recovered
inuring to the benefit of the Insured.
The
Insurers’ liability under this extension of coverage shall not exceed the sub-
limit stated in the Policy
Schedule.
(6) SUE AND LABOUR EXPENSE
It
is agreed that should the property insured under this Section 1 suffer loss or
damage (or in the event of
imminent loss or damage) covered under the terms of
this Insurance, it
shall be lawful
and necessary for
the Insured,
their factors, servants and
assigns, to sue,
labour and travel
for, in and
about the
defence, safeguard
and recovery of
the said property,
or any part
thereof, without prejudice to
this
Insurance,
and subject always
to the terms,
conditions, limitations and
exclusions of this Insurance,
the charges thereof shall be borne by the Insurers. It is
especially declared and agreed that no acts of the
Insurers or the Insured in recovering, saving or
preserving the property shall be considered as a waiver or
acceptance of abandonment.
The Insurers’ liability for Sue and Labour expenses shall not exceed
the sub-limit stated in the Policy Schedule.
(7) MINOR WORKS
Subject to the terms, conditions and limitations of this Section
1, it
is agreed and understood that
this Section
1
is extended to include physical loss of or physical damage to or caused by or
arising out of minor alterations and/or repairs
and/or construction and/or
re-construction and/or additions
and/or maintenance and/or fabrication and/or modifications and/or installation and/or erection
and/or similar work carried out on any of the property
insured for the amount specified in the policy schedule.
COMMON CONDITION FOR SPECIFIED SECTIONS:
1. EXTENDED EXPIRATION:
If
Sections 1, 2 and 3 expire or be cancelled while an Occurrence giving rise to a
loss recoverable under this Insurance is in progress, it is understood
and agreed that said loss, subject to all other terms and conditions and the limits of Insurers’ liability of this Insurance, will be covered
under these Sections as if the entire loss had occurred prior to the date of
expiration or cancellation.
2. DEFINITION OF “OCCURRENCE
The
term “Occurrence”, wherever used in Sections 1, 2 and 3, shall be defined as
one loss, disaster or casualty or series of losses, disasters or casualties
arising out of one event.
In addition:
A. As
respects windstorm, all tornadoes, cyclones, hurricanes, similar storms and
systems of winds
of
violent and destructive nature, arising out of the same atmospheric disturbance
within any period
of 72 consecutive hours commencing during the period of
this Insurance, shall be considered one
event.
B. Each
earthquake shock or volcanic eruption shall constitute one event hereunder,
provided that, if
more than one earthquake shock or volcanic
eruption shall occur within any period of 72 consecutive
hours commencing during the period of this Insurance, such earthquake shocks or
volcanic eruptions shall be deemed to be one event within
the meaning hereof.
C. In no event, except as provided for in the sue and
labour expense clause and removal of
wreck/debris
clause under Section 1, shall the Insurers' liability arising from any one
accident or occurrence exceed the amount insured hereunder as set forth in the
policy schedule in respect of the items subject to claim in such accident
or occurrence.
GENERAL EXCLUSIONS (Applicable to All the Sections).
These
exclusions are in addition to the exclusions mentioned anywhere in the policy.
It is agreed and understood that the policy shall not cover any claim on
account of:
A. War and Civil War Exclusion
There shall be no indemnity or liability, loss, damage or expense
resulting from:
i. war,
hostile or warlike action in time of peace or war, including action in
hindering, combating or
defending against an actual, impending or expected attack
a. by any government or
sovereign power (de jure or de facto) or by any other authority
maintaining
or using military, naval or air forces; or
b. by military, naval or air
forces; or
c. by any agent of any such
government, power, authority or forces; or
ii. any weapon(s) of war employing atomic fission or
radioactive force whether in time of peace or
war; or
iii. insurrection,
rebellion, revolution, civil war, usurped power, or action by governmental
authority in
hindering,
combating or defending against such an occurrence, seizure or destruction under
quarantine or customs regulations, confiscation by order
of government or public authority, or risks of contraband or illegal
transportation or trade.
B. Radioactive
Contamination Exclusion
This Clause shall be paramount and shall override anything contained in this Insurance inconsistent therewith In no case shall this Insurance cover loss, damage, liability or expense directly or indirectly caused by or contributed to by or arising from:
i. ionizing radiations from or contamination by radioactivity
from any nuclear fuel
or from
any nuclear waste
or from the combustion of nuclear fuel;
ii. the radioactive, toxic, explosive or other
hazardous or contaminating properties of any
nuclear installation, reactor or other nuclear assembly or nuclear
component thereof;
iii. any weapon of war
employing atomic or nuclear fission and/or fusion or other like reaction
or radioactive force or matter; or
iv. radioactive contamination however caused whenever
or wherever happening.
C. Terrorism Exclusion
There
shall be no liability under these Sections One, Two and Three for any claim
caused by, resulting from, or incurred as a consequence
of:
i. a. the
detonation of any explosive;
b. any weapon of war;
and caused by any person acting maliciously or from a political motive;
or
ii. any act for political or terrorist purposes of any
persons, and whether or not agents of a
sovereign
power, and whether the loss, damage or expense resulting therefrom is
accidental or
intentional.
D. Electronic Data Exclusion (NMA 2915)
Notwithstanding any provision
to the contrary
within these Sections One, Two
and Three or any endorsement thereto, it is understood and agreed as follows:
These
Policy shall not cover loss, damage, destruction, distortion, erasure,
corruption or alteration of ELECTRONIC DATA from any cause
whatsoever (including but not limited to COMPUTER
VIRUS) or loss of use, reduction in functionality, cost, expense of whatsoever nature resulting therefrom,
regardless of any other cause or event contributing concurrently or in any
other sequence to the loss.
ELECTRONIC DATA means facts, concepts and information converted to a form useable for communications, interpretation or processing by electronic and electromechanical data processing or electronically controlled equipment and includes
programmes, software and other coded instructions for the processing and manipulation of data or the direction and manipulation of such equipment.COMPUTER VIRUS means a set of corrupting, harmful or otherwise unauthorized instructions or code including a set of maliciously introduced unauthorized instructions or code, programmatic or otherwise, that propagate themselves through a computer system or network of whatsoever nature. COMPUTER VIRUS includes but is not limited to “Trojan Horses”, “worms” and “time or logic bombs”.
E. Toxic Mould Exclusion
These
Policy shall not cover loss, damage, cost or expense caused directly or
indirectly by, arising out of, resulting from, contributed to by, or related in
any way to “mould”. Loss, damage, cost or expense caused directly or indirectly by, arising out of, resulting from, contributed
to by, or related in any way to “mould” is excluded
regardless of any other cause or event that contributes concurrently, or in any
sequence with, the loss, damage, cost or expense.
For the purposes of this exclusion, the following definition is added
to these Sections One, Two and Three:
“Mould”
means any species of fungi including, but not limited to, mould, yeast, mildew,
spores, mould toxins, mycotoxins, mould metabolities, mould antigens, mould
allergens, smut, wet or dry rot, mould-
produced antibiotics, or dust or fumes containing any of
the foregoing, individually, or in any combination therewith or with another
substance.
OTHER CONDITIONS:
1. LIMITATION
OF ACTION
No
suit or action on this insurance for the recovery of any claims shall be
sustainable in any court of law
or equity unless
the Insured shall
have complied fully
with all the
requirements of this insurance,
and unless commenced
within twenty-four months
next after the
time a cause
of action for the loss
accrues.
2. LAW, PRACTICE
AND JURISDICTION AND SUIT AGAINST INSURERS This
insurance Policy is subject to Indian law and jurisdiction.
3. ARBITRATION
CLAUSE:
Any dispute related to claim arising out of or in relation to this
insurance policy shall be referred to and resolved by arbitration under the
Arbitration & Conciliation Act, 1996, enacted in India including
amendments thereto.
The arbitration proceedings shall be conducted in English under and in
accordance with the provisions of the said Arbitration
and Conciliation Act 1996.
The seat of arbitration shall be the place of issuance of this insurance
policy or any other place in India as agreed by the
parties and the parties shall bear costs of fees and expenses of arbitral
tribunal in equal proportion until unless otherwise
stated in arbitral or other order/award.
Section I. PROPERTY INSURANCE
A. OIL
AND GAS WELL DRILLING TOOLS FLOATER FORM (ALL RISKS)
1. PROPERTY INSURED
Except
as hereinafter excluded, this Section 1 insures onshore and offshore property
of any type or description
(except Platforms), office contents as scheduled and
agreed by Insurers, the property of the Insured or for
which the Insured may be legally liable, while at
locations and in transit anywhere in the world and/or storage
and/or down-hole.
2. PERILS
INSURED
This
Section 1 insures against all risks of direct physical loss of or physical
damage to the property insured from any external cause except as hereinafter
excluded.
3. PROPERTY NOT INSURED HEREUNDER
This Section 1 does not insure:
(a) i) motor vehicles, aircraft, railroad rolling stock;
ii) cement, mud, drilling compounds or chemicals, but
only whilst in use;
iii) casing and tubing installed in an oil or gas
well;
iv) blueprints, plans, specifications or records;
v) property of employees;
vi) watercraft or drilling barges
(b) loss or damage to any property while airborne;
(c) property insured situated below the surface of the
earth or water bottom, unless loss or damage
is caused by:
i) fire,
lightning, windstorm, earthquake, flood, explosion above the surface of the
ground, aircraft
or falling objects, strikes, riots, civil commotion, vandalism,
malicious mischief;
ii) blowout and cratering, as defined herein;
iii) raising, lowering, pull-in or
collapse of derrick or mast;
(d) drill stem left in the well through which an oil or gas well is
completed, or drill stem for which the
well owner or operator has assumed liability;
(e) property insured used to drill a relief well to control or to attempt
to control blow-out, crater or fire
in any oil or gas well, unless prior approval is obtained from the
Insurers;
(f) foam solutions or other fire extinguishing
materials lost, expended or destroyed in fire, lightning,
blowout or cratering, nor any other expense
incidental to fighting fire or controlling or attempting
to control blowout or
cratering, unless such property is stated in the schedule agreed by the Insurers
and/or their Reinsurers or unless the Insurers have specifically agreed to
insure such property by Endorsement to Section 1 of the
Policy.
4. PERILS NOT INSURED AGAINST
This Section 1 does not insure against loss, damage or expense caused
by or resulting from:
A. wear
and tear, mechanical or electrical breakdown or failure, inherent vice, latent
defect, gradual
deterioration, corrosion, rust, dampness of atmosphere, freezing or
extremes of temperature;
B. infidelity
or any dishonest act on the part of the Insured or other party or interest,
it’s or their
employees
or agents or any person or persons to whom the property may be entrusted
(carriers for hire excepted);
C. any alterations and/or repairs and/or
construction and/or re-construction and/or additions and/or
maintenance and/or fabrication and/or
modifications and/or installation and/or erection and/or
similar work, except where covered under
General Conditions to Section 1 Clause 10, “Minor
Works”;
D. unexplained loss, mysterious disappearance, nor
loss or shortage disclosed upon taking inventory;
E. loss of use or delay, loss of hole, loss of
contract or income or profits, or any loss of a consequential
nature;
F. the neglect of the Insured to use all reasonable
means to save and preserve the property at time
of
and after any disaster insured against and when the property is in danger by
fire in neighboring
premises;
G. explosion of steam engines, steam boilers, steam
slush pumps, steam pipe or connections, steam
water heaters, internal combustion engines,
power slush pumps, fly wheels, pulleys, abrasive
wheels or moving or rotating parts of
machines unless fire ensues, and then only for loss or damage
directly caused by ensuing fire.
5. DEFINITION OF BLOWOUT AND CRATERING
(a) The term “blowout”, as used in this Section 1, shall be defined as a
sudden, accidental,
uncontrolled
and continuous expulsion from the well above the earth’s surface of oil, gas,
water or drilling fluids resulting in complete loss of
control of the well.
(b) Term “crater”, as used in this Section 1, shall
be defined as a basin-like opening in the earth's
surface surrounding a well caused by the erosive action of gas, oil or
water flowing uncontrolled.
6. IN-HOLE SALVAGE EXPENSE
In
the event in hole salvage expense is incurred with respect to drill stem lost
or damaged as a result of a peril insured against,
this insurance shall cover that proportion of such expense that the value of
the drill stem below the earth's surface (at the time of
loss) bears to the aggregate cost of the hole at the attained depth (at the time of loss)
plus the value of the drill stem below the earth's surface (at the time of
loss).
However, this insurance shall not cover:
(a) Salvage
expense contractually assumed by or made the responsibility of the well owner
or
operator.
(b) For any amount in excess of the value of the drill stem below the
earth's surface (at the time of
loss) as respects salvage expense or loss or damage to drill stem or
both combined.
Any co-insurance penalty applicable to the insured unit involved in the loss shall be applied to any claim for in hole salvage expense and loss or damage to drill stem
B. LONDON
STANDARD DRILLING BARGE FORM :
1. Property Insured
Hereunder
This
insurance covers the hull and machinery of the drilling barge(s), as scheduled
herein, including all their
equipment, tools, machinery, caissons, lifting jacks,
materials, supplies, appurtenances,
drilling rigs and
equipment, derricks,
drill stem, casing and tubing while aboard the said drilling
barge(s) and/or on barges
and/or vessels moored alongside or in the vicinity
thereof and used in connection therewith (but not such
barges and/or vessels themselves), and
including drill stem
in the well
being drilled, and
all such
property as
scheduled herein owned by or in the care
custody or control of the Insured, except as hereinafter
excluded.
2. Navigation Limits
(a) Privilege is granted to be towed within the above
Navigation Limits. Also, to cover in port, while
going
on or off, and while in docks and graving docks and/or wharves, ways, gridirons
and pontoons, subject to the terms and conditions
of this insurance.
(b) This insurance covers up to 25% of the scheduled amount of insurance
hereunder on property
insured herein (as
described in clause 3 above), when separated from the property insured
hereunder whilst in temporary storage at, or in local
transit to or from, ports or drilling barges within
the Navigation Limits provided in Paragraph (a). It is
expressly understood and agreed, however,
that
this extended coverage is concluded within and shall not increase the total
amount of
insurance hereunder.
3. Coverage
Subject
to its terms, conditions and exclusions this Insurance is against all risks of
direct physical loss of or damage to the property insured, provided
such loss or damage has not resulted from want of due diligence by the Insured,
the Owners or Managers of the property insured, or any of them.
4. Collision Liability
And it is further agreed that:
a) if the Vessel shall come into collision with any
other ship or vessel, and the Insured or the Surety
in
consequence of the Vessel being at fault shall become liable to pay and shall
pay by way of damages to any other person or persons any
sum or sums in respect of such
collision, the Underwriters will pay
the Insured or
the Surety, whichever shall
have paid, such
proportion of
such sum or
sums so paid
as their respective subscriptions
hereto bear to the Agreed Value, provided always that their liability
in respect to any one such collision shall not exceed their proportionate part of the Agreed Value;
b) in
cases where, with the consent in writing of a majority (in amount) of Hull
Insurer, the liability of
also pay a like proportion of the costs which the Insured shall thereby incur or be compelled to
pay When both vessels are to blame, then, unless the liability of the owners or charterers of one or both such
vessels
becomes limited by
law, claims under
the Collision Liability clause shall be settled on the
principle
of Cross-Liabilities as if the owners or charterers of
each vessel had been compelled to pay to the owners or
charterers of the other of such vessels such
one-half or other
proportion of the
latter's damages as may
have been
properly allowed in
ascertaining the balance
or sum payable
by or to
the Insured in
consequence of such collision.
Provided
that this clause shall in no case extend to any sum which the Insured may
become liable to pay or shall pay in consequence of, or with respect
to:
a) removal or disposal of obstructions, wrecks or
their cargoes under statutory powers or otherwise
pursuant to law;
b) injury to real or personal property of every
description;
c) the discharge, spillage, emission or leakage of
oil, petroleum products, chemicals or other
substances of any kind or description
whatsoever;
d) cargo or other property on or the engagements of
the Vessel;
e) loss of life, personal injury or illness.
Provided
further that exclusions b) and c) above shall not apply to injury to any other
vessel with which the
Vessel is in collision or to property on such other
vessel except to the extent that such injury arises out of any
action taken to avoid, minimise or remove any discharge,
spillage, emission or leakage described in c).
5. Exclusions
Notwithstanding
anything to the contrary which may be contained in this insurance there shall
be no liability under this insurance in respect of:
a) Loss, damage or expense caused by or attributable
to earthquake or volcanic eruption, or fire and/or
explosion and/or tidal wave consequent upon earthquake or volcanic
eruption.
b) Loss,
damage or expense which arises solely from the intentional sinking of the barge
for operational
purposes;
such sinking shall not constitute a collision, stranding, sinking or grounding
within the meaning of this insurance.
c) Loss, damage or expense caused whilst or
resulting from drilling a relief well for the purpose of
controlling
or attempting to control fire blowout or cratering associated with another
drilling barge,
platform or unit unless immediate notice be given to
Insurer of said use and additional premium paid
if required.
d) Any
claim, be it a Sue and Labour Expense or otherwise, for moneys, materials or
property expended
or
sacrificed in controlling or attempting to control blowout or cratering or in
fighting fire associated with blowout.
e) Loss, damage or expense caused by or resulting
from delay detention of loss of use.
f) Wear and tear, gradual deterioration, metal fatigue, machinery breakdown, expansion or contraction due to change in temperature, corrosion, rusting, electrolytic action, error in design: nor does this
insurance
cover the cost of repairing or replacing any part which may be lost, damaged,
or condemned by reason of any latent defect
therein.
g) Loss of
or damage to dynamos, exciters, lamps, motors, switches and other electrical
appliances
and
devices, caused by electrical injury or disturbance, unless the loss or damage
be caused by a
peril not excluded hereunder originating outside the
electrical equipment specified in this clause.
Nevertheless, this clause shall not exclude claims for
physical loss or damage resulting from fire.
h) Liabilities
to third parties except as specifically covered under the terms of the
Collision Liability
Clause contained herein.
i) Claims
in connection with the removal of property, material, debris or obstruction,
whether such
removal be required by law, ordinance, statute, regulation or otherwise.
j) Loss
of or damage to drill stem located underground or underwater unless directly
resulting from
fire,
blowout, cratering, or total loss of the Drilling Barge caused by a peril
insured hereunder. There
shall be no liability in respect of drill stem left in
the well and through which an oil or gas well is
completed.
Blowout. The term "Blowout" shall mean a
sudden, accidental, uncontrolled and continuous expulsion
from a well and above the surface of the ground of the drilling fluid in an oil
or gas well, followed by continuous and uncontrolled flow
from a well and above the surface of the ground of oil, gas or water due to encountering subterranean pressures.
Cratering. The term
"Crater" shall be defined as a basin-like depression in the earth's
surface
surrounding a well caused by the erosion and eruptive
action of oil, gas or water flowing without
restriction.
k) Well(s) and/or hole(s) whilst being drilled or
otherwise.
l) Drilling mud cement chemicals and fuel actually
in use, and casing and tubing in the well.
m) Unrefined
oil or gas or other crude product.
n) Blueprints, plans, specifications or records,
personal effects of employees or others.
o) Scraping or painting the bottom of the hull of
the drilling barge.
6. Blowout Preventer Warranty
The
well and/or hole will be equipped with a minimum of three pressure operated
blowout preventers, which shall be installed and tested immediately after
installation.
7. Limit of Liability
In no event, except as provided for in the Sue
and Labour Expense Clause and Collision Liability Clause
herein, shall the Insurer'
liability arising from any one accident or occurrence exceed the amount insured
hereunder as set forth in
the policy in respect of the items subject to claim in such accident or
occurrence.
In
respect of the property insured hereunder Insurer shall not be liable for more
than their proportion of the
cost of
repairing or replacing
the property damaged
or lost with materials of
like kind and
quality to a condition equal to but not
superior to or more extensive than its
condition prior to
the loss; nevertheless in respect
of the hull
of the Drilling Barge covered
hereunder all costs of repair and replacement for which Insurer may be liable
shall be on the basis of new for old with no deduction for depreciation.
In no event shall
Insurer be liable for any increased cost of repair or reconstruction by reason
of law, ordinances, regulation, permit or
licence regulating construction or repair.
8. Constructive Total Loss
There
shall be no recovery for a Constructive Total Loss hereunder unless the expense
of recovering and repairing the insured property shall exceed
the actual insured value.
In
no case shall Insurer be liable for unrepaired damage in addition to a
subsequent Total Loss sustained during the period
covered by this insurance.
9. Sue and Labour
Expense
It
is further agreed that should the property insured hereunder suffer loss or
damage covered under the terms of this insurance, it shall be lawful and
necessary for the Insured, their Factors, Servants and Assigns, to sue, labour and travel for, in and about the Defence, Safeguard and Recovery
of the said property, or any part thereof, without
prejudice to this insurance, and subject always to the terms conditions
limitations and exclusions of this insurance, the charges
thereof shall be borne by the Insurer.
And it is especially declared and agreed that no
acts of the Insurer or Insured in recovering, saving or preserving the property
insured shall be considered as a waiver or acceptance of abandonment.
The Insurer' liability for Sue and Labour
Expenses shall not exceed ………% of the insured value of the item(s) in the
Defence, Safeguard or Recovery of which such expense is incurred.
10. Lay Up and Cancellation
To
return daily pro rata of rates to be agreed by Insurer for any period of 30 or
more consecutive days the vessel may be laid up in port unemployed.
Provided always that: -
a) the location shall be approved by surveyor
appointed by Lloyd's Agent or approved by Insurer.
b) there shall always be a watchman on board.
c) no return shall be allowed in the event of the
vessel becoming an actual or constructive or
compromised or arranged total loss during
the currency of this insurance.
d) there shall be no shifts during the lay-up
period.
e) there shall be no movement of legs or variation
in buoyancy during the lay-up period.
f) In the event of any amendment of the annual rate,
the rates of return shall be adjusted accordingly.
The return for a laid-up period of 30 or more consecutive days which fall on two policies effected for the same Insured shall be apportioned over both policies on a daily pro rata basis 11. Free of Capture and Seizure
Notwithstanding
anything to the contrary contained in this insurance, there shall be no
liability for any claim caused by, resulting from, or incurred as a consequence
of: -
a) Capture, seizure, arrest, restraint or
detainment, or any attempt threat; or
b) Any
taking by requisition or otherwise, whether in time of peace or war and whether
lawful or
otherwise; or
c) Any mine, bomb, torpedo or other engine of war;
or
d) Any
weapon of war employing atomic or nuclear fission and/or fusion or other like
reaction or
radioactive force or matter; or
e) Civil war, revolution,
rebellion, insurrection, or civil strife arising therefrom, or piracy; or
f) i) the detonation of an explosive
ii) any weapon of war
and caused by any person acting maliciously or from a political motive;
or
g) Any
act for political or terrorist purposes of any person or persons, whether or
not agents of a
Sovereign
Power, and whether the loss, damage or expense resulting therefrom is
accidental or intentional; or
h) Hostilities or warlike operations (whether there be a declaration of war or not) but this subparagraph h) not to exclude collision or contact with aircraft, rockets or similar missiles, or with any fixed or floating object, or stranding, heavy weather, fire or explosion unless caused directly by a hostile act by or against a belligerent power which act is independent of the nature of the voyage or operation which the vessel concerned, or in the case of a collision or contact, any other vessel involved therein, is performing. As used herein, 'power' includes any authority maintaining naval, military or air forces in association with a power.
C. LONDON
STANDARD PLATFORM FORM ALL RISKS
(Except as hereinafter excluded)
1. PROPERTY INSURED HEREUNDER
This
insurance covers platform installation(s) as scheduled and agreed by Insurers,
which includes the platform(s), catwalks and landing ramps,
(but excluding dolphins) and all property as scheduled and agreed by Insurers, owned by or in the care, custody or control of the Insured
located on the said platform installation(s) except as hereinafter
excluded.
Each deemed to be separately insured.
Any loss paid hereunder shall not reduce the
amount of the insurance except in the event of a Total Loss and/or Constructive and/or Agreed and/or Arranged Total Loss.
2. COVERAGE
Subject
to its terms, conditions and exclusions this insurance is against all risks of
direct physical loss of or physical damage to the insured property,
provided such loss or damage has not resulted from want of due diligence by the Insured, the owners or managers of the insured
property, or any of them.
3. EXCLUSIONS
Notwithstanding
anything to the contrary which may be contained in this insurance there shall
be no liability under this insurance in respect of: -
(a) Loss, damage or expense caused whilst or resulting from drilling a
relief well for the purpose of
controlling
or attempting to control fire blowout or cratering associated with another
platform or
unit unless immediate notice be given to Insurers of said
use and additional premium paid if
required.
(b) Any claim, be it a sue and labour expense or
otherwise, for monies, materials or property expended
or sacrificed in controlling or attempting
to control blowout or catering or in fighting fire associated
with blowout.
(c) Loss, damage or expense caused by or resulting
from delay detention or loss or use.
(d) Wear and tear, gradual deterioration, metal
fatigue, machinery breakdown, expansion or
contraction due to change in temperature,
corrosion, rusting, electrolytic action, error in design; nor does this insurance cover the cost of repairing or replacing any
part which may be lost, damaged, or condemned by reason of any
latent defect therein.
(e) Loss of or damage to dynamos, exciters, lamps, motors, switches and
other electrical appliances
and
devices, caused by electrical injury or disturbance, unless the loss or damage
be caused by
a peril not excluded hereunder originating outside the
electrical equipment specified in this clause.
Nevertheless, this clause shall not exclude claims for physical loss or
physical damage resulting from fire.
(f) Liabilities to third parties.
(g) Drilling and/or servicing
rig(s) including drill pipe and drill collars and all other components forming
part of a drilling or servicing rig(s).
(h) Well(s) and/or hole(s) whilst being drilled or
otherwise.
(i) Drilling mud, cement, chemicals and fuel actually
in use, and casing and tubing in the well.
(j) Unrefined oil or gas or other crude product.
(k) Blueprints, plans, specifications or records, personal effects of employees or others.