CONTENTS
(1) TIME RISKS................................................................................................................ 1
INSTITUTE TIME CLAUSES HULLS.............................................................................................................. 1
REPLACED CLAUSE FOR CLAUSE 8.............................................................................................................. 8
INSTITUTE TIME
CLAUSES-HULLS DISBURSEMENTS AND INCREASED VALUE (TOTAL LOSS
ONLY, INCLUDING EXCESS LIABILITIES).............................................................................................................. 9
REPLACED CLAUSE FOR CLAUSE 6.4.3............................................................................................................ 12
INSTITUTE TIME CLAUSES HULLS AMENDED FOR JAPANESE CLAUSES CLASS
NO.5 (4/90)............................................................................................................ 13
INSTITUTE TIME CLAUSES HULLS AMENDED FOR JAPANESE CLAUSES CLASS
NO.6 (4/93)............................................................................................................ 20
INSTITUTE TIME
CLAUSES－HULLS TOTAL LOSS ONLY
(INCLUDING SALVAGE, SALVAGE
CHARGES AND SUE AND LABOUR) AMENDED FOR JAPANESE CLAUSES CLASS
NO.2 (4/90)............................................................................................................ 28
COLLISION LIABILITY CLAUSES (4/90)............................................................................................................ 33
INSTITUTE TIME
CLAUSES-HULLS DISBURSEMENTS AND INCREASED VALUE (TOTAL LOSS
ONLY, INCLUDING
EXCESS LIABILITIES) AMENDED FOR JAPANESE CLAUSES CLASS NO.5
(4/90)............................................................................................................ 33
INSTITUTE TIME
CLAUSES-HULLS DISBURSEMENTS AND INCREASED VALUE (TOTAL LOSS
ONLY, INCLUDING
EXCESS LIABILITIES) AMENDED FOR JAPANESE CLAUSES CLASS NO.6
(4/90)............................................................................................................ 37
INSTITUTE PROTECTION AND INDEMNITY CLAUSES HULLS-TIME
AMENDED(1/06)............................................................................................................ 41
AMERICAN INSTITUTE HULL CLAUSES
(JUNE 2,1977)............................................................................................................ 45
AMERICAN
INSTITUTE INCREASED VALUE AND EXCESS LIABILITIES CLAUSES
(NOVEMBER 3,1977)............................................................................................................ 52
INSTITUTE
ADDITIONAL PERILS CLAUSES-HULLS (FOR USE ONLY WITH THE INSTITUTE
TIME CLAUSES-HULLS 1/10/83)............................................................................................................ 57
INSTITUTE
ADDITIONAL PERILS CLAUSES-HULLS AMENDED (4/93) (FOR USE ONLY WITH
THE INSTITUTE TIME CLAUSES-HULLS1/10/83＊)............................................................................................................ 57
VIOLENT THEFT,
PIRACY AND BARRATRY EXCLUSION - FOR USE WITH INSTITUTE TIME
CLAUSES HULLS 1/10/83............................................................................................................ 57
VIOLENT THEFT,
PIRACY AND BARRATRY EXCLUSION - FOR USE WITH INSTITUTE TIME
CLAUSES HULLS
DISBURSEMENTS AND INCREASED VALUE (TOTAL LOSS ONLY,
INCLUDING EXCESS LIABILITIES) 1/10/83............................................................................................................ 58
BERING SEA TRANSIT CLAUSE AMENDED............................................................................................................ 59
BERING SEA TRANSIT CLAUSES (FOR I.T.C. AMENDED)............................................................................................................ 59
INSTITUTE
MACHINERY DAMAGE ADDITIONAL DEDUCTIBLE CLAUSE (FOR USE ONLY
WITH THE INSTITUTE TIME CLAUSES-HULLS 1/10/83)............................................................................................................ 60
EXCESS COLLISION LIABILITY CLAUSE (A-2) (FOR 3/4THS COLLISION
LIABILITY)............................................................................................................ 60
EXCESS COLLISION LIABILITY CLAUSE (B-2) (FOR 3/4THS COLLISION
LIABILITY)............................................................................................................ 60
EXCESS COLLISION LIABILITY CLAUSE (A-2) (FOR 4/4THS COLLISION
LIABILITY)............................................................................................................ 61
EXCESS COLLISION LIABILITY CLAUSE (B-2) (FOR 4/4THS COLLISION
LIABILITY)............................................................................................................ 61
SMALL GENERAL AVERAGE CLAUSES............................................................................................................ 62
FISHING GEAR CLAUSES............................................................................................................ 62
G.A. ETC. CONTRIBUTION CLAUSE............................................................................................................ 62
SCRAP VOYAGE CLAUSES............................................................................................................ 62
SCRAP VOYAGE CLAUSES (FOR AMENDED NO.2)............................................................................................................ 63
SCRAP VOYAGE CLAUSES (FOR
USE WITH AMERICAN INSTITUTE HULL CLAUSES 2/6/77)............................................................................................................ 64
TERMINATION CLAUSE............................................................................................................ 64
DISBURSEMENTS WARRANTY CLAUSE (A)............................................................................................................ 65
DISBURSEMENTS WARRANTY CLAUSE (B)............................................................................................................ 65
LAID UP RETURN CLAUSES (HULLS)............................................................................................................ 65
LAID UP RETURN CLAUSES (DISBURSEMENTS)............................................................................................................ 66
ICE CLAUSE (A)............................................................................................................ 67
3/4THS COLLISION LIABILITY CLAUSE (A)............................................................................................................ 67
3/4THS COLLISION LIABILITY CLAUSE (B)............................................................................................................ 68
SPECIAL CLAUSE FOR SUBJECT-MATTER INSURED............................................................................................................ 68
NECESSARY REPAIR CLAUSE............................................................................................................ 68
FISHING VESSEL CLAUSE (NO.6)............................................................................................................ 68
EXPENSE OF SIGHTING THE BOTTOM CLAUSE............................................................................................................ 68
DEDUCTIBLE CLAUSES (A)............................................................................................................ 68
DEDUCTIBLE CLAUSES (B)............................................................................................................ 69
DEDUCTIBLE CLAUSES (C)............................................................................................................ 69
DEDUCTIBLE CLAUSES (D)............................................................................................................ 70
DEDUCTIBLE CLAUSES (A) (FOR 3/4THS COLLISION LIABILITY)............................................................................................................ 70
DEDUCTIBLE CLAUSES (C) (FOR 3/4THS COLLISION LIABILITY)............................................................................................................ 71
DEDUCTIBLE CLAUSES (FOR WORK BOAT ETC. AMENDED NO.5)............................................................................................................ 72
DEDUCTIBLE
CLAUSES (G) (FOR USE ONLY WITH THE INSTITUTE TIME CLAUSES-HULLS
AMENDED FOR JAPANESE CLAUSES CLASS NO.6 4/93)............................................................................................................ 72
DEDUCTIBLE
CLAUSES (G) (FOR USE ONLY WITH THE INSTITUTE TIME CLAUSES-HULLS
1/10/83)............................................................................................................ 72
DEDUCTIBLE
CLAUSES (H) (FOR USE ONLY WITH THE INSTITUTE TIME CLAUSES-HULLS
AMENDED FOR JAPANESE CLAUSES CLASS NO.5 4/90)............................................................................................................ 73
AMERICAN HULL
INSURANCE SYNDICATE LINER NEGLIGENCE CLAUSE FOR ATTACHMENT
TO AMERICAN INSTITUTE HULL CLAUSES (JANUARY 18, 1970)............................................................................................................ 73
LINER NEGLIGENCE CLAUSE (LONDON FORM)............................................................................................................ 74
MACHINERY DAMAGE
CO-INSURANCE CLAUSE FOR USE WITH AMERICAN INSTITUTE
HULL CLAUSES............................................................................................................ 74
MACHINERY DAMAGE
CO-INSURANCE CLAUSE FOR USE WITH AMERICAN INSTITUTE
HULL CLAUSES (AMENDMENT)............................................................................................................ 74
GENERAL AVERAGE EXTENDED COVERAGE............................................................................................................ 74
(2) LOSS OF TIME/HIRE................................................................................................................ 76
LOSS OF CHARTER HIRE INSURANCE INCLUDING WAR (ABS 1/10/83 WORDING)............................................................................................................ 76
LOSS OF CHARTER HIRE INSURANCE EXCLUDING WAR (ABS 1/10/83 WORDING)............................................................................................................ 78
FULL PREMIUM IF
CLAIM CLAUSES (FOR LOSS OF CHARTER HIRE
INSURANCE
INCLUDING WAR ABS 1/10/83 WORDING)............................................................................................................ 80
FULL PREMIUM IF
CLAIM CLAUSES (FOR LOSS OF CHARTER HIRE
INSURANCE
EXCLUDING WAR ABS 1/10/83 WORDING)............................................................................................................ 80
LAID UP RETURN CLAUSES (LOH)............................................................................................................ 80
(3) WAR AND STRIKES................................................................................................................ 82
INSTITUTE WAR AND STRIKES CLAUSES HULLS-TIME............................................................................................................ 82
INSTITUTE WAR AND
STRIKES CLAUSES HULLS-TIME (AMENDED TO COVER DISB’TS
INCLUDING EXCESS LIABILITIES)............................................................................................................ 83
INSTITUTE WAR AND STRIKES CLAUSES HULLS-TIME AMENDED (1/4/97)............................................................................................................ 85
INSTITUTE WAR AND
STRIKES CLAUSES HULLS-TIME AMENDED TO COVER
DISBURSEMENTS ETC. AGAINST T.L.O. (4/96)............................................................................................................ 87
WAR RISK PROTECTION AND INDEMNITY CLAUSES (HULLS)............................................................................................................ 88
WAR RISK
PROTECTION AND INDEMNITY CLAUSES (HULLS) (FOR USE WITH INSTITUTE
WAR AND STRIKES CLAUSES HULLS-TIME 1/10/83 AMENDED (4/93))............................................................................................................ 89
WAR
RISK PROTECTION AND INDEMNITY CLAUSES
(DISBURSEMENTS) ........................................................................................................... 90
WAR RISK PROTECTION AND INDEMNITY CLAUSES (DISBURSEMENTS) (FOR USE WITH
INSTITUTE WAR AND STRIKES CLAUSES HULLS-TIME 1/10/83 AMENDED
(4/93))............................................................................................................ 90
WAR RISK PROTECTION AND INDEMNITY CLAUSES (CREW LIABILITY)............................................................................................................ 90
BLOCKING AND TRAPPING ETC. WORDING (LOSS OF HIRE/LOSS OF TIME) (1/4/2013) 91
VIOLENT THEFT,
PIRACY AND BARRATRY EXTENSION-FOR USE WITH THE INSTITUTE WAR
& STRIKES CLAUSES HULLS-TIME 1/10/83............................................................................................................ 93
VIOLENT THEFT,
PIRACY AND BARRATRY EXTENSION-FOR USE WITH THE INSTITUTE WAR
& STRIKES
CLAUSES HULLS-TIME (AMENDED TO COVER DISBURSEMENTS INCLUDING
EXCESS LIABILITIES) 1/10/83............................................................................................................ 93
“WAR ETC.” P. AND I. CLAUSE............................................................................................................ 94
LONDON BLOCKING
AND TRAPPING ADDENDUM (FOR USE WITH INSTITUTE WAR AND
STRIKES CLAUSES HULLS (1/10/83))............................................................................................................ 94
LONDON BLOCKING
AND TRAPPING ADDENDUM (FOR USE WITH INSTITUTE WAR AND
STRIKES CLAUSES HULLS 1/10/83 AMENDED (1/4/97)............................................................................................................ 95
HULL WAR SPECIAL CLAUSE IN RESPECT OF FISHING OR REEFER BOAT............................................................................................................ 95
PREMIUM CLAUSES (ADDITIONAL PREMIUM FOR WAR RISKS DEVIATION)............................................................................................................ 95
INSTITUTE NOTICE
OF CANCELLATION AUTOMATIC TERMINATION OF COVER AND WAR
AND NUCLEAR EXCLUSIONS CLAUSE-HULLS, ETC. AMENDED............................................................................................................ 95
INSTITUTE NOTICE
OF CANCELLATION AUTOMATIC TERMINATION OF COVER AND WAR
AND NUCLEAR EXCLUSIONS CLAUSE-HULLS, ETC. (FOR I.W.S.C. AMENDED
ETC.)............................................................................................................ 96
INCORPORATION CLAUSE............................................................................................................ 97
PREMIUM PAYMENT CLAUSE (LSW3000 AMENDED)............................................................................................................ 98
(4) BUILDERS’ RISKS................................................................................................................ 99
INSTITUTE CLAUSES FOR BUILDERS’ RISKS AMENDED (4/96)............................................................................................................ 99
INSTITUTE CLAUSES
FOR BUILDERS’ RISKS AMENDED (4/96) (REPAIRING RISKS
INSURANCE).......................................................................................................... 106
INSTITUTE CLAUSES
FOR BUILDERS’ RISKS AMENDED (4/96) (SHIPREPAIRERS’ RISKS
INSURANCE)................................................................................................................ 113
INSTITUTE WAR CLAUSES BUILDERS’ RISKS AMENDED (4/2023).......................................................................................................... 120
INSTITUTE STRIKES CLAUSES BUILDERS’ RISKS AMENDED (4/96).......................................................................................................... 121
EARTHQUAKE RISKS CLAUSE.......................................................................................................... 122
PROCEEDING CLAUSE.......................................................................................................... 122
REPAIR CLAUSES (FOR I.B.C. AMENDED (4/2010)).......................................................................................................... 123
CONSTRUCTIVE TOTAL LOSS CLAUSE (FOR REPAIRING RISKS INSURANCE).......................................................................................................... 123
CONSTRUCTIVE TOTAL LOSS CLAUSE (FOR SHIPREPAIRERS’ RISKS
INSURANCE).......................................................................................................... 123
SUBJECT-MATTER INSURED CLAUSE (FOR BUILDERS’ RISKS INSURANCE).......................................................................................................... 124
SUBJECT-MATTER INSURED CLAUSE
(FOR REPAIRING RISKS INSURANCE).......................................................................................................... 124
SUBJECT-MATTER INSURED CLAUSE (FOR SHIPREPAIRERS’ RISKS INSURANCE).......................................................................................................... 124
INSURED VALUE CLAUSES (FOR BUILDERS’ RISKS
INSURANCE).......................................................................................................... 124
PERILS CLAUSE (EARTHQUAKE RISKS ONLY).......................................................................................................... 125
(5) OTHERS................................................................................................................ 126
PREMIUM CLAUSES (A-2).......................................................................................................... 126
PREMIUM CLAUSES (B-2).......................................................................................................... 126
PREMIUM CLAUSES (A-3).......................................................................................................... 127
PREMIUM CLAUSES (B-3).......................................................................................................... 128
FULL PREMIUM IF LOST CLAUSES.......................................................................................................... 130
CO-INSURERS CLAUSES.......................................................................................................... 130
INSTITUTE RADIOACTIVE CONTAMINATION, CHEMICAL, BIOLOGICAL, BIO-CHEMICAL
AND
ELECTROMAGNETIC WEAPONS EXCLUSION CLAUSE.......................................................................................................... 131
MARINE HULL COMPUTER AND SOFTWARE DATE RECOGNITION EXCLUSION
CLAUSE.......................................................................................................... 131
LAW AND PRACTICE CLAUSES.......................................................................................................... 132
DUTY OF ASSURED AND RIGHTS OF INSURER CLAUSES.......................................................................................................... 132
LIEN CLAUSES.......................................................................................................... 132
CANCELLATION AND PREMIUM RETURN CLAUSES.......................................................................................................... 133
JURISDICTION CLAUSE.......................................................................................................... 133
SANCTION LIMITATION AND EXCLUSION CLAUSE.......................................................................................................... 134
IRANIAN OIL EXCLUSION CLAUSE.......................................................................................................... 134
RUSSIAN OIL EXCLUSION CLAUSE (FOR OIL PRICE CAP EXCEPTION).......................................................................................................... 134
CLASSIFICATION CLAUSE.......................................................................................................... 134
MARINE CYBER ENDORSEMENT - LMA5403.......................................................................................................... 134
INSTITUTE CYBER ATTACK EXCLUSION CLAUSE - CL380.......................................................................................................... 135
LOSS PAYABLE CLAUSE (A).......................................................................................................... 135
LOSS PAYABLE CLAUSE (B).......................................................................................................... 135
ASSURED CLAUSE.......................................................................................................... 136
LEASED EQUIPMENT CLAUSE.......................................................................................................... 136
WAGES AND MAINTENANCE RECOVERABLE IN PARTICULAR AVERAGE.......................................................................................................... 136
FIRE AND POLLUTION HAZARD CLAUSES (A).......................................................................................................... 136
FIRE AND POLLUTION HAZARD CLAUSES (B).......................................................................................................... 137
TANK CLEANING AND/OR GAS-FREEING CLAUSE.......................................................................................................... 137
REPAIR CLAUSES.......................................................................................................... 138
RIGHTS AND DUTIES ON THE VESSEL CLAUSES.......................................................................................................... 138
RIGHT OF CLAIM FOR COMPENSATION AGAINST A THIRD PARTY CLAUSE.......................................................................................................... 139
SPECIAL NAVIGATION CLAUSE.......................................................................................................... 139
BOTTOM PAINTING CLAUSES (A).......................................................................................................... 139
BOTTOM PAINTING CLAUSES (B).......................................................................................................... 141
BOTTOM TREATMENT CLAUSE.......................................................................................................... 142
SPECIAL CLAUSE FOR YORK-ANTWERP RULES (FOR AMENDED CLAUSES).......................................................................................................... 143
JHC COMMUNICABLE DISEASE EXCLUSION.......................................................................................................... 143
(6) TRADING WARRANTIES................................................................................................................ 145
INSTITUTE WARRANTIES.......................................................................................................... 145
VOYAGE WARRANTY “WORLD WIDE”.......................................................................................................... 145
BREACH OF NAVIGATING LIMIT REQUIREMENTS CLAUSE.......................................................................................................... 146
AMERICAN INSTITUTE TRADE WARRANTIES.......................................................................................................... 147
AMENDMENT FOR AMERICAN INSTITUTE TRADE WARRANTIES.......................................................................................................... 147
(1) TIME RISKS
1/10/83
INSTITUTE TIME CLAUSES
HULLS
This insurance is subject to English law and practice
1 NAVIGATION
1.1 The Vessel is covered subject to the provisions of this insurance at
all times and has leave to sail or navigate with
or
without pilots, to go on trial trips and to assist and tow vessels or craft in
distress, but it is warranted that the
Vessel shall not be towed, except as is customary or to the first
safe port or place when in need of assistance, or
undertake towage or salvage services under a
contract previously arranged by the Assured and/or Owners and/or
Managers and/or Charterers. This Clause 1.1
shall not exclude customary towage in connection with loading and
discharging.
1.2 In the event of the
Vessel being employed in trading operations which entail cargo loading or
discharging at sea
from or into another vessel (not being a harbour or
inshore craft) no claim shall be recoverable under this insurance for loss of or damage to the Vessel
or liability to any other vessel arising from such loading or discharging operations, including whilst
approaching, lying alongside and leaving, unless previous notice that the
Vessel is to be employed in such operations has been given to the Underwriters
and any amended terms of cover and any additional
premium required by them have been agreed.
1.3 In the event of the Vessel sailing (with or
without cargo) with an intention of being (a) broken up, or (b) sold for
breaking
up, any claim for loss of or damage to the Vessel occurring subsequent to such
sailing shall be limited
to the market value of the Vessel as scrap at
the time when the loss or damage is sustained, unless previous notice
has been given to the Underwriters and any
amendments to the terms of cover, insured value and premium
required by them have been agreed. Nothing in this Clause 1.3
shall affect claims under Clauses 8 and/or 11.
2 CONTINUATION
Should the Vessel at the expiration of this insurance be
at sea or in distress or at a port of refuge or of call, she shall,
provided previous notice be given to the
Underwriters, be held covered at a pro rata monthly premium to her port of
destination.
3 BREACH OF
WARRANTY
Held
covered in case of any breach of warranty as to cargo, trade, locality, towage,
salvage services or date of sailing, provided notice be given to the
Underwriters immediately after receipt of advices and any amended terms of
cover and any additional premium required by them be agreed.
4 TERMINATION
This Clause 4 shall prevail notwithstanding any
provision whether written typed or printed in this insurance inconsistent
therewith.
Unless the Underwriters agree to the contrary in writing, this
insurance shall terminate automatically at the time of
4.1 change of the
Classification Society of the Vessel, or change, suspension, discontinuance,
withdrawal or expiry
of her Class therein, provided that if the Vessel is at
sea such automatic termination shall be deferred until arrival
at her next port. However where such change,
suspension, discontinuance or withdrawal of her Class has resulted
from loss or damage covered by Clause 6 of
this insurance or which would be covered by an insurance of the
Vessel
subject to current Institute War and Strikes Clauses Hulls-Time such automatic
termination shall only operate should the Vessel sail
from her next port without the prior approval of the Classification Society,
4.2 any change, voluntary or otherwise, in the
ownership or flag, transfer to new management, or charter on a
bareboat basis, or requisition for title or use of the
Vessel, provided that, if the Vessel has cargo on board and has
already sailed from her loading port or is at
sea in ballast, such automatic termination shall if required be
deferred, whilst the Vessel continues her planned voyage, until
arrival at final port of discharge if with cargo or
1
at port
of destination if in ballast. However, in the event of requisition for title or
use without the prior execution of a written agreement by the
Assured, such automatic termination shall occur fifteen days after such
requisition whether the Vessel is at sea or in port.
A pro rata daily net return of premium shall be made.
5 ASSIGNMENT
No assignment of or interest in this insurance or in any
moneys which may be or become payable thereunder is to be binding on or recognised by the Underwriters
unless a dated notice of such assignment or interest signed by the Assured, and by the assignor in the case of subsequent
assignment, is endorsed on the Policy and the Policy with such endorsement is produced before payment of any claim or return of
premium thereunder.
6 PERILS
6.1 This
insurance covers loss of or damage to the subject-matter insured caused by
6.1.1 perils
of the seas rivers lakes or other navigable waters
6.1.2 fire,
explosion
6.1.3 violent
theft by persons from outside the Vessel
6.1.4 jettison
6.1.5 piracy
6.1.6 breakdown
of or accident to nuclear installations or reactors
6.1.7 contact
with aircraft or similar objects, or objects falling therefrom, land
conveyance, dock or harbour
equipment or installation
6.1.8 earthquake
volcanic eruption or lightning.
6.2 This
insurance covers loss of or damage to the subject-matter insured caused by
6.2.1 accidents
in loading discharging or shifting cargo or fuel
6.2.2 bursting
of boilers breakage of shafts or any latent defect in the machinery or hull
6.2.3 negligence
of Master Officers Crew or Pilots
6.2.4 negligence
of repairers or charterers provided such repairers or charterers are not an
Assured hereunder
6.2.5 barratry
of Master Officers or Crew,
provided such loss or damage has not resulted from want of
due diligence by the Assured, Owners or
Managers.
6.3 Master Officers Crew or Pilots not to be considered
Owners within the meaning of this Clause 6 should they
hold shares in the Vessel.
7 POLLUTION HAZARD
This insurance covers loss of or damage to the Vessel
caused by any governmental authority acting under the powers
vested in it to prevent or mitigate a pollution hazard, or threat
thereof, resulting directly from damage to the Vessel for
which the Underwriters are liable under this
insurance, provided such act of governmental authority has not resulted
from want of due diligence by the Assured,
the Owners, or Managers of the Vessel or any of them to prevent or mitigate
such hazard or threat. Master, Officers,
Crew or Pilots not to be considered Owners within the meaning of this Clause
7 should they hold shares in the Vessel.
8 3/4THS COLLISION LIABILITY
8.1 The
Underwriters agree to indemnify the Assured for three-fourths of any sum or
sums paid by the Assured to
any other person or persons by reason of the Assured becoming
legally liable by way of damages for
8.1.1 loss
of or damage to any other vessel or property on any other vessel
8.1.2 delay
to or loss of use of any such other vessel or property thereon
8.1.3 general average of, salvage of, or salvage under
contract of, any such other vessel or property thereon, where
such
payment by the Assured is in consequence of the Vessel hereby insured coming
into collision with any other vessel.
2
8.2 The indemnity provided by this Clause 8 shall be
in addition to the indemnity provided by the other terms and
conditions of this insurance and shall be subject to the following
provisions:
8.2.1 Where the insured Vessel is in collision with
another vessel and both vessels are to blame then, unless the
liability
of one or both vessels becomes limited by law, the indemnity under this Clause
8 shall be calculated on the principle of cross-liabilities as if the
respective Owners had been compelled to pay to each other such proportion of each other’s damages as may have
been properly allowed in ascertaining the balance or sum payable by or
to the Assured in consequence of the collision.
8.2.2 In no case
shall the Underwriters’ total liability under Clauses 8.1 and 8.2 exceed their
proportionate part of
three-fourths of the insured value of the Vessel hereby insured in
respect of any one collision.
8.3 The Underwriters will also pay three-fourths of the
legal costs incurred by the Assured or which the Assured
may be compelled to pay in contesting liability or taking
proceedings to limit liability, with the prior written consent
of the Underwriters.
EXCLUSIONS
8.4 Provided always that this
Clause 8 shall in no case extend to any sum which the Assured shall pay for or
in
respect of
8.4.1 removal
or disposal of obstructions, wrecks, cargoes or any other thing whatsoever
8.4.2 any
real or personal property or thing whatsoever except other vessels or property
on other vessels
8.4.3 the
cargo or other property on, or the engagements of, the insured Vessel
8.4.4 loss
of life, personal injury or illness
8.4.5 pollution
or contamination of any real or personal property or thing whatsoever (except
other vessels with
which the insured Vessel is in collision or property on such other
vessels).
9 SISTERSHIP
Should the Vessel hereby insured come into collision with
or receive salvage services from another vessel belonging wholly or in part to the same Owners or
under the same management, the Assured shall have the same rights under this insurance as they would have were the other vessel entirely the
property of Owners not interested in the Vessel hereby insured; but in such
cases the liability for the collision or the amount payable for the services
rendered shall be referred to a sole
arbitrator to be agreed upon between the Underwriters and the Assured.
10 NOTICE OF CLAIM AND
TENDERS
10.1 In the event of accident whereby loss or damage
may result in a claim under this insurance, notice shall be given
to the Underwriters prior to survey and also, if the
Vessel is abroad, to the nearest Agent* so that a surveyor may be
appointed to represent the Underwriters should they so desire.
10.2 The Underwriters
shall be entitled to decide the port to which the Vessel shall proceed for
docking or repair (the
actual additional expense of the voyage arising from
compliance with the Underwriters’ requirements being refunded
to the Assured) and shall have a right of veto concerning a place of repair or
a repairing firm.
10.3 The Underwriters may also take tenders or may
require further tenders to be taken for the repair of the Vessel.
Where such a tender has been taken and a tender is
accepted with the approval of the Underwriters, an allowance shall be made at the rate of 30% per annum on
the insured value for time lost between the despatch of the invitations to tender required by Underwriters and the acceptance
of a tender to the extent that such time is lost solely as the result of tenders having been taken and provided that the
tender is accepted without delay after receipt of the Underwriters’
approval.
Due credit shall be given against the allowance as above for any
amounts recovered in respect of fuel and stores and wages and maintenance of the Master Officers and Crew or any member
thereof, including amounts allowed in general average, and for any
amounts recovered from third parties in respect of damages for detention and/or
loss of profit and/or running expenses, for the period covered by the tender
allowance or any part thereof.
Where a part of the cost of the repair of
damage other than a fixed deductible is not recoverable from the Underwriters the allowance shall be reduced by a similar
proportion.
10.4 In the event of failure to comply with the
conditions of this Clause 10 a deduction of 15% shall be made from
3
the amount of the ascertained claim.
11
GENERAL AVERAGE AND SALVAGE
11.1
This insurance covers the Vessel’s proportion of salvage, salvage
charges and/or general average, reduced in
respect of any under-insurance, but in case of
general average sacrifice of the Vessel the Assured may recover in
respect of the whole loss without first enforcing their right of
contribution from other parties.
11.2
Adjustment to be according to the law and practice obtaining at the
place where the adventure ends, as if the
contract of affreightment contained no special
terms upon the subject; but where the contract of affreightment
so provides the adjustment shall be according to the York-Antwerp
Rules.
11.3 When the Vessel sails
in ballast, not under charter, the provisions of the York-Antwerp Rules, 1974
(excluding
Rules XX and XXI)
shall be applicable, and the voyage for this purpose shall be deemed to
continue from the
port or
place of departure until the arrival of the Vessel at the first port or place
thereafter other than a port or
place of refuge or a port or place of call for bunkering only. If
at any such intermediate port or place there is an
abandonment of the adventure originally contemplated the voyage
shall thereupon be deemed to be terminated.
11.4 No claim
under this Clause 11 shall in any case be allowed where the loss was not
incurred to avoid or in
connection with
the avoidance of a peril insured against.
12
DEDUCTIBLE
12.1 No claim arising from a peril insured against shall
be payable under this insurance unless the aggregate of all
such claims arising out of each separate
accident or occurrence (including claims under Clauses 8, 11 and 13)
exceeds (as specified in the POLICY) in which case this sum shall be deducted.
Nevertheless the expense of sighting the bottom after
stranding, if reasonably incurred specially for that purpose, shall be paid even if no damage be found.
This Clause 12.1 shall not apply to a claim for total or constructive total loss of the Vessel or, in the event of such a claim, to any
associated claim under Clause 13 arising from the same accident or occurrence.
12.2 Claims for damage by
heavy weather occurring during a single sea passage between two successive
ports shall
be treated as being due to one accident. In the case of
such heavy weather extending over a period not wholly covered
by this insurance the deductible to be applied to the claim recoverable
hereunder shall be the proportion of the
above deductible that the number of days of such heavy weather falling within
the period of this insurance bears to the number of days of heavy
weather during the single sea passage. The expression “heavy weather” in this
Clause 12.2 shall be deemed to include contact with floating ice.
12.3 Excluding any
interest comprised therein, recoveries against any claim which is subject to
the above deductible
shall be credited to the Underwriters in full to the
extent of the sum by which the aggregate of the claim unreduced
by any recoveries exceeds the above deductible.
12.4 Interest comprised in recoveries shall be
apportioned between the Assured and the Underwriters, taking into
account
the sums paid by the Underwriters and the dates when such payments were made,
notwithstanding that by the addition of interest the Underwriters may receive a
larger sum than they have paid.
13 DUTY OF ASSURED(SUE
AND LABOUR)
13.1
In case of any loss or misfortune it is the duty of the Assured and
their servants and agents to take such measures
as may be reasonable for the purpose of averting
or minimising a loss which would be recoverable under this
insurance.
13.2
Subject to the provisions below and to Clause 12 the Underwriters will
contribute to charges properly and
reasonably incurred by the Assured their servants
or agents for such measures. General average, salvage charges
(except as provided for in Clause 13.5) and
collision defence or attack costs are not recoverable under this Clause
13.
13.3
Measures taken by the Assured or the Underwriters with the object of
saving, protecting or recovering the
subject-matter
insured shall not be considered as a waiver or acceptance of abandonment or
otherwise prejudice
the rights of either party.
13.4
When expenses are incurred pursuant to this Clause 13 the liability
under this insurance shall not exceed the
4
proportion of such expenses
that the amount insured hereunder bears to the value of the Vessel as stated
herein,
or to the sound value of the Vessel at the time of the occurrence
giving rise to the expenditure if the sound value
exceeds that value. Where the Underwriters
have admitted a claim for total loss and property insured by this
insurance is saved, the foregoing provisions
shall not apply unless the expenses of suing and labouring exceed
the value of such property saved and then
shall apply only to the amount of the expenses which is in excess of
such value.
13.5 When a claim for total loss of the Vessel is
admitted under this insurance and expenses have been reasonably
incurred in saving or attempting to save the Vessel and
other property and there are no proceeds, or the expenses
exceed the proceeds, then this insurance
shall bear its pro rata share of such proportion of the expenses, or of the
expenses in excess of the proceeds, as the case may be, as may
reasonably be regarded as having been incurred
in respect of the Vessel; but if the Vessel
be insured for less than its sound value at the time of the occurrence
giving rise to the expenditure, the amount
recoverable under this clause shall be reduced in proportion to the
under-insurance.
13.6 The sum recoverable under this Clause 13 shall be
in addition to the loss otherwise recoverable under this
insurance but shall in no circumstances exceed the amount insured
under this insurance in respect of the Vessel.
14
NEW FOR OLD
Claims payable without deduction new for old.
15 BOTTOM TREATMENT
In no case shall a claim be allowed in respect of
scraping gritblasting and/or other surface preparation or painting of the Vessel’s bottom except that
15.1
gritblasting and/or other surface preparation of new bottom plates
ashore and supplying and applying any “shop”
primer thereto,
15.2
gritblasting and/or other surface preparation of:
the butts or area of plating immediately adjacent to any
renewed or refitted plating damaged during the course
of welding and/or repairs, areas of plating damaged during the
course of fairing, either in place or ashore,
15.3
supplying and applying the first coat of primer/anti-corrosive to those
particular areas mentioned in 15.1 and
15.2 above,
shall be allowed as part of the reasonable cost of repairs in
respect of bottom plating damaged by an insured peril.
16 WAGES AND
MAINTENANCE
No claim shall be allowed, other than in general
average, for wages and maintenance of the Master, Officers and Crew, or any member thereof, except when incurred solely for the
necessary removal of the Vessel from one port to another for the repair of damage covered by the
Underwriters, or for trial trips for such repairs, and then only for such wages
and maintenance as are incurred whilst the Vessel is under way.
17 AGENCY COMMISSION
In no case shall any sum be allowed under this insurance
either by way of remuneration of the Assured for time and
trouble taken to obtain and supply
information or documents or in respect of the commission or charges of any
manager,
agent, managing or agency company or the
like, appointed by or on behalf of the Assured to perform such services.
18 UNREPAIRED DAMAGE
18.1 The measure of
indemnity in respect of claims for unrepaired damage shall be the reasonable
depreciation in the
market value of
the Vessel at the time this insurance terminates arising from such unrepaired
damage, but not
exceeding the reasonable cost of repairs.
18.2
In no case shall the Underwriters be liable for unrepaired damage in the
event of a subsequent total loss (whether
or not covered under this insurance) sustained
during the period covered by this insurance or any extension
thereof.
18.3 The Underwriters
shall not be liable in respect of unrepaired damage for more than the insured
value at the time
5
this insurance terminates.
19 CONSTRUCTIVE TOTAL
LOSS
19.1
In ascertaining whether the Vessel is a constructive total loss, the
insured value shall be taken as the repaired
value and nothing in respect of the damaged or
break-up value of the Vessel or wreck shall be taken into account.
19.2 No claim for
constructive total loss based upon the cost of recovery and/or repair of the
Vessel shall be
recoverable
hereunder unless such cost would exceed the insured value. In making this
determination, only the
cost
relating to a single accident or sequence of damages arising from the same
accident shall be taken into
account.
20 FREIGHT WAIVER
In the event of total or constructive total loss no claim
to be made by the Underwriters for freight whether notice of abandonment has been given or not.
21 DISBURSEMENTS
WARRANTY
21.1
Additional insurances as follows are permitted:
21.1.1 Disbursements, Managers’
Commissions, Profits or Excess or Increased Value of Hull and Machinery. A sum
not exceeding 25% of the value stated herein.
21.1.2 Freight, Chartered Freight or Anticipated Freight, insured for time. A sum not exceeding 25% of the value
as stated herein less any sum insured, however described, under
21.1.1.
21.1.3 Freight or Hire, under contracts for
voyage. A sum not exceeding
the gross freight or hire for the current
cargo passage and next succeeding cargo passage (such
insurance to include, if required, a preliminary and an intermediate ballast passage) plus the charges of
insurance. In the case of a voyage charter where payment is made on a time basis, the sum permitted for insurance shall be
calculated on the estimated duration of the voyage,
subject to the limitation of two cargo passages as laid down herein. Any sum
insured under 21.1.2 to be taken into account and only the excess thereof may
be insured, which excess shall be reduced as the freight or hire is advanced or
earned by the gross amount so advanced or earned.
21.1.4 Anticipated Freight if the Vessel sails in ballast and not under
Charter. A sum not exceeding the anticipated
gross freight on next cargo passage, such sum to be
reasonably estimated on the basis of the current rate of freight at time of insurance plus the charges
of insurance. Any sum insured under 21.1.2 to be taken into account and only the excess thereof may be insured.
21.1.5 Time Charter Hire or Charter Hire for Series of Voyages. A sum not exceeding 50% of the gross hire which
is to be earned under the charter in a period not
exceeding 18 months. Any sum insured under 21.1.2 to be
taken into account and only the excess
thereof may be insured, which excess shall be reduced as the hire is
advanced or earned under the charter by 50%
of the gross amount so advanced or earned but the sum insured
need not be reduced while the total of the sums insured under
21.1.2 and 21.1.5 does not exceed 50% of the
gross hire still to be earned under the
charter. An insurance under this Section may begin on the signing of
the charter.
21.1.6 Premiums. A sum not exceeding the actual premiums of
all interests insured for a period not exceeding 12
months
(excluding premiums insured under the foregoing sections but including, if
required, the premium or estimated calls on any Club or War etc. Risk
insurance) reducing pro rata monthly.
21.1.7 Returns of Premium. A sum not exceeding the actual returns which
are allowable under any insurance but
which would not be recoverable thereunder in the event
of a total loss of the Vessel whether by insured perils or otherwise.
21.1.8 Insurance irrespective of amount against:
Any risks excluded by Clauses 23, 24, 25 and 26 below.
21.2
Warranted that no insurance on any interests enumerated in the foregoing
21.1.1 to 21.1.7 in excess of the
amounts permitted therein and no other insurance
which includes total loss of the Vessel P.P.I., F.I.A., or subject
to any
other like term, is or shall be effected to operate during the currency of this
insurance by or for account
of the Assured, Owners, Managers or
Mortgagees. Provided always that a breach of this warranty shall not afford
6
the Underwriters any defence
to a claim by a Mortgagee who has accepted this insurance without knowledge of
such breach.
22
RETURNS FOR LAY-UP AND CANCELLATION
22.1
To return as follows:
22.1.1 Pro rata monthly
net for each uncommenced month if this insurance be cancelled by agreement.
22.1.2 For each period
of 30 consecutive days the Vessel may be laid up in a port or in a lay-up area
provided such
port or lay-up area is approved by the Underwriters (with special
liberties as hereinafter allowed)
(a) (as arranged) per cent net not under repair
(b) (as arranged) per cent net under repair.
If the Vessel is under repair during part only of a
period for which a return is claimable, the return shall be calculated pro rata to the number of days under (a) and (b)
respectively.
22.2
PROVIDED ALWAYS THAT
22.2.1 a total loss of
the Vessel, whether by insured perils or otherwise, has not occurred during the
period covered
by this insurance or any extension thereof
22.2.2 in no case shall a return be allowed when the
Vessel is lying in exposed or unprotected waters, or in a port or
lay-up
area not approved by the Underwriters but, provided the Underwriters agree that
such non-approved lay-up area is deemed to be
within the vicinity of the approved port or lay-up area, days during which the Vessel
is laid up in such non-approved lay-up area may be added to days in the
approved port or lay-up area to calculate a
period of 30 consecutive days and a return shall be allowed for the proportion
of such period during which the Vessel is actually laid up in the
approved port or lay-up area
22.2.3 loading or discharging operations or the presence
of cargo on board shall not debar returns but no return shall
be allowed for any period during which the Vessel is being used
for the storage of cargo or for lightering
purposes
22.2.4 in the event of
any amendment of the annual rate, the above rates of return shall be adjusted
accordingly
22.2.5 in the event of
any return recoverable under this Clause 22 being based on 30 consecutive days
which fall on
successive insurances effected for the same Assured, this
insurance shall only be liable for an amount calculated at pro rata of the period rates 22.1.2(a)
and/or (b) above for the number of days which come within the period of this insurance and to which a
return is actually applicable. Such overlapping period shall run, at the option of the Assured, either from
the first day on which the Vessel is laid up or the first day of a period of 30
consecutive days as provided under 22.1.2(a) or (b), or 22.2.2 above.
The following clauses shall be paramount and shall override
anything contained in this insurance inconsistent therewith.
23 WAR EXCLUSION
In no case shall this insurance cover loss damage liability or
expense caused by
23.1 war civil war
revolution rebellion insurrection, or civil strife arising therefrom, or any
hostile act by or against a
belligerent power
23.2 capture
seizure arrest restraint or detainment (barratry and piracy excepted), and the
consequences thereof or
any attempt
thereat
23.3 derelict mines
torpedoes bombs or other derelict weapons of war.
24
STRIKES EXCLUSION
In no case shall this insurance cover loss damage liability or
expense caused by
24.1 strikers, locked-out
workmen, or persons taking part in labour disturbances, riots or civil
commotions
24.2 any terrorist or any
person acting from a political motive.
25 MALICIOUS ACTS
EXCLUSION
In no case shall this insurance cover loss damage liability or
expense arising from
25.1
the detonation of an explosive
25.2
any weapon of war
7
and caused by any person acting maliciously or from a political
motive.
26
NUCLEAR EXCLUSION
In no case shall this insurance cover loss damage
liability or expense arising from any weapon of war employing atomic or nuclear
fission and/or fusion or other like reaction or radioactive force or matter.
* of the Company
1/10/83
REPLACED CLAUSE FOR CLAUSE 8
Clause 8 of the Institute Time Clauses-Hulls Time
1/10/83
shall be hereby deleted and
replaced by the following.
8 4/4THS COLLISION LIABILITY
8.1 The
Underwriters agree to indemnify the Assured for three-fourths*
of any sum or sums paid by the Assured to
any other person or persons by reason of the Assured becoming
legally liable by way of damages for
8.1.1 loss
of or damage to any other vessel or property on any other vessel
8.1.2 delay
to or loss of use of any such other vessel or property thereon
8.1.3 general
average of, salvage of, or salvage under contract of, any such other vessel or
property thereon.
where
such payment by the Assured is in consequence of the Vessel hereby insured
coming into collision with any other
vessel.
8.2 The indemnity provided by this Clause 8 shall be
in addition to the indemnity provided by the other terms and
conditions of this insurance and shall be subject to the following
provisions:
8.2.1 Where the insured Vessel is in collision with
another vessel and both vessels are to blame then, unless the
liability
of one or both vessels becomes limited by law, the indemnity under this Clause
8 shall be calculated on the principle of cross-liabilities as if the
respective Owners had been compelled to pay to each other such proportion of each other’s damages as may have
been properly allowed in ascertaining the balance or sum payable by or
to the Assured in consequence of the collision.
8.2.2 In no case
shall the Underwriters’ total liability under Clauses 8.1 and 8.2 exceed their
proportionate part of
three-fourths* of the insured value of the Vessel hereby insured in respect of
any one collision.
8.3 The Underwriters will also pay three-fourths*
of the legal costs incurred by the Assured or which the Assured
may be compelled to pay in contesting liability or taking
proceedings to limit liability, with the prior written consent
of the Underwriters.
EXCLUSIONS
8.4 Provided always that this
Clause 8 shall in no case extend to any sum which the Assured shall pay for or
in
respect of
8.4.1 removal
or disposal of obstructions, wrecks, cargoes or any other thing whatsoever
8.4.2 any
real or personal property or thing whatsoever except other vessels or property
on other vessels
8.4.3 the
cargo or other property on, or the engagements of, the insured Vessel
8.4.4 loss
of life, personal injury or illness
8.4.5 pollution
or contamination of any real or personal property or thing whatsoever (except
other vessels with
which the insured Vessel is in collision or property on such other
vessels).
* four-fourths
8
INSTITUTE TIME CLAUSES-HULLS
DISBURSEMENTS AND INCREASED
VALUE
(TOTAL LOSS ONLY, INCLUDING
EXCESS LIABILITIES)
This insurance is subject to English law and practice
1 NAVIGATION
1.1 The
subject-matter insured is covered subject to the provisions of this insurance
at all times and the Vessel has
leave to sail or navigate with or without pilots, to go
on trial trips and to assist and tow vessels or craft in distress, but it is
warranted that the Vessel shall not be towed, except as is customary or to the
first safe port or place when in need of
assistance, or undertake towage or salvage services under a contract previously
arranged by the Assured and/or
Owners and/or Managers and/or Charterers. This Clause 1.1 shall not exclude
customary towage in connection with loading and discharging.
1.2 In the event of the
Vessel being employed in trading operations which entail cargo loading or
discharging at sea
from or into another vessel (not being a harbour or
inshore craft) no claim shall be recoverable under this
insurance in respect of loss of or damage to the subject-matter
insured or for liability to any other vessel arising
from such loading or discharging operations, including whilst
approaching, lying alongside and leaving, unless
previous notice that the
Vessel is to be employed in such operations has been given to the Underwriters
and any amended terms of cover and any additional premium required by them have
been agreed.
1.3 In the event of the Vessel sailing (with or
without cargo) with an intention of being (a) broken up, or (b) sold for
breaking up, no claim shall be recoverable under this
insurance in respect of loss or damage to the Vessel occurring subsequent to such sailing unless previous
notice has been given to the Underwriters and any amendments
to the terms of cover, amount insured and premium required by them have been
agreed.
2 CONTINUATION
Should
the Vessel at the expiration of this insurance be at sea or in distress or at a
port of refuge or of call, the subject-
matter insured shall, provided previous notice
be given to the Underwriters, be held covered at a pro rata monthly premium to her port of destination.
3 BREACH OF
WARRANTY
Held
covered in case of any breach of warranty as to cargo, locality, trade, towage,
salvage services or date of sailing, provided notice be given to the
Underwriters immediately after receipt of advices and any amended terms of
cover and any additional premium required by them be agreed.
4 TERMINATION
This Clause 4 shall
prevail notwithstanding any provision whether written typed or printed in this
insurance inconsistent
therewith.
Unless the Underwriters agree to the contrary in writing, this
insurance shall terminate automatically at the time of
4.1 change of the
Classification Society of the Vessel, or change, suspension, discontinuance,
withdrawal or expiry
of her Class therein, provided that if the Vessel is at
sea such automatic termination shall be deferred until arrival
at her next port. However where such change,
suspension, discontinuance or withdrawal of her Class has resulted
from loss or damage which would be covered
by an insurance of the Vessel subject to current Institute Time
Clauses
Hulls or Institute War and Strikes Clauses Hulls-Time such automatic
termination shall only operate should the Vessel sail from
her next port without the prior approval of the Classification Society,
4.2 any change, voluntary or otherwise, in the
ownership or flag, transfer to new management, or charter on a
bareboat basis, or requisition for title or use of the
Vessel, provided that, if the Vessel has cargo on board and has
already sailed from her loading port or is at
sea in ballast, such automatic termination shall if required be
deferred, whilst the Vessel continues her planned voyage, until
arrival at final port of discharge if with cargo or
at port of destination if in ballast.
However, in the event of requisition for title or use without the prior
execution
of a written agreement by the Assured, such
automatic termination shall occur fifteen days after such requisition
9
whether the Vessel is at sea or in port.
A pro rata daily net return of premium shall be made.
5 ASSIGNMENT
No assignment of or interest in this insurance or in any
moneys which may be or become payable thereunder is to be binding on or recognised by the Underwriters
unless a dated notice of such assignment or interest signed by the Assured, and by the assignor in the case of subsequent
assignment, is endorsed on the Policy and the Policy with such endorsement is produced before payment of any claim or return of
premium thereunder.
6 PERILS
6.1 This
insurance covers total loss (actual or constructive) of the subject-matter
insured caused by
6.1.1 perils
of the seas rivers lakes or other navigable waters
6.1.2 fire,
explosion
6.1.3 violent
theft by persons from outside the Vessel
6.1.4 jettison
6.1.5 piracy
6.1.6 breakdown
of or accident to nuclear installations or reactors
6.1.7 contact
with aircraft or similar objects, or objects falling therefrom, land
conveyance, dock or harbour
equipment or installation
6.1.8 earthquake
volcanic eruption or lightning.
6.2 This
insurance covers total loss (actual or constructive) of the subject-matter
insured caused by
6.2.1 accidents
in loading discharging or shifting cargo or fuel
6.2.2 bursting
of boilers breakage of shafts or any latent defect in the machinery or hull
6.2.3 negligence
of Master Officers Crew or Pilots
6.2.4 negligence
of repairers or charterers provided such repairers or charterers are not an
Assured hereunder
6.2.5 barratry
of Master Officers or Crew,
provided such loss or damage has not resulted from want of due
diligence by the Assured, Owners or Managers.
6.3 Master Officers Crew or
Pilots not to be considered Owners within the meaning of this Clause 6 should
they
hold shares in the Vessel.
6.4 This insurance covers:
6.4.1 General Average, Salvage and Salvage Charges not recoverable in full under the insurances
on hull and
machinery by reason of the difference between the insured
value of the Vessel as stated therein (or any
reduced value arising from the deduction
therefrom in process of adjustment of any claim which law or
practice or the terms of the insurances covering hull and
machinery may have required) and the value of the
Vessel
adopted for the purpose of contribution to general average, salvage or salvage
charges, the liability
under this insurance being for such
proportion of the amount not recoverable as the amount insured hereunder
bears to the said difference or to the total
sum insured against excess liabilities if it exceed such difference.
6.4.2 Sue
and Labour Charges not
recoverable in full under the insurances on hull and machinery by reason of
the difference between the insured value of the Vessel as
stated therein and the value of the Vessel adopted
for the purpose of ascertaining the amount
recoverable under the insurances on hull and machinery, the
liability under this insurance being for such proportion of the
amount not recoverable as the amount insured
hereunder bears to the said difference or to
the total sum insured against excess liabilities if it exceed such
difference.
6.4.3 Collision Liability (three-fourths) not recoverable in full under the Institute 3/4ths Collision
Liability and
Sistership Clauses in the insurances on hull and
machinery by reason of such three-fourths liability exceeding three-fourths of
the insured value of the Vessel as stated therein, in which case the amount
recoverable under this insurance shall be such proportion of
the difference so arising as the amount insured hereunder bears to the total
sum insured against excess liabilities.
6.5 The Underwriters’
liability under 6.4.1, 6.4.2 and 6.4.3 separately, in respect of any one claim,
shall not exceed
the amount insured hereunder.
10
7 POLLUTION HAZARD
This insurance covers total loss (actual or constructive)
of the Vessel caused by any governmental authority acting
under the powers vested in it to prevent or
mitigate a pollution hazard, or threat thereof, resulting directly from damage
to the Vessel caused by a peril covered by this insurance,
provided such act of governmental authority has not resulted
from want of due diligence by the Assured,
the Owners, or Managers of the Vessel or any of them to prevent or mitigate
such hazard or threat. Master, Officers,
Crew or Pilots not to be considered Owners within the meaning of this Clause
7 should they hold shares in the Vessel.
8 NOTICE OF CLAIM
In the
event of accident whereby loss or damage may result in a claim under this
insurance, notice shall be given to the Underwriters
prior to survey and also, if the Vessel is abroad, to the nearest Agent*
so that a surveyor may be appointed to represent the Underwriters should they
so desire.
9 CONSTRUCTIVE
TOTAL LOSS
9.1 In ascertaining whether the Vessel is a constructive total loss, the
insured value in the insurances on hull and
machinery shall be taken as the repaired value and
nothing in respect of the damaged or break-up value of the Vessel or wreck shall be taken into account.
9.2 No claim for constructive total loss based upon the
cost of recovery and/or repair of the Vessel shall be
recoverable hereunder unless such cost would exceed the
insured value in the insurances on hull and machinery. In
making this determination, only the cost relating to a single accident or
sequence of damages arising from the same
accident shall be taken into account.
9.3 Provided that the
Constructive Total Loss Clause in the current Institute Time Clauses Hulls or a
clause having
a similar effect is contained in the insurances on hull
and machinery, the settlement of a claim for constructive total loss thereunder shall be accepted as proof of the
constructive total loss of the Vessel.
9.4 Should the Vessel be a constructive total loss but
the claim on the insurances on hull and machinery be settled
as a claim for partial loss, no payment shall be due under this
Clause 9.
10 COMPROMISED TOTAL
LOSS
In the
event of a claim for total loss or constructive total loss being settled on the
insurances on hull and machinery as a compromised total loss the amount payable
hereunder shall be the same percentage of the amount insured as is paid on the
said insurances.
11
RETURNS FOR LAY-UP AND CANCELLATION
11.1
To return as follows:
11.1.1 Pro rata monthly
net for each uncommenced month if this insurance be cancelled by agreement.
11.1.2 For each period
of 30 consecutive days the Vessel may be laid up in a port or in a lay-up area
provided such
port or lay-up area is approved by the Underwriters (with special
liberties as hereinafter allowed)
(a) (as arranged) per cent net not under repair
(b) (as arranged) per cent net under repair.
If the Vessel is under repair during part only of a
period for which a return is claimable, the return shall be calculated pro rata to the number of days under (a) and (b)
respectively.
11.2
PROVIDED ALWAYS THAT
11.2.1 a total loss of the Vessel, whether by
insured perils or otherwise, has not occurred during the period covered
by this insurance or any extension thereof
11.2.2 in no
case shall a return be allowed when the Vessel is lying in exposed or
unprotected waters, or in a port or
lay-up
area not approved by the Underwriters but, provided the Underwriters agree that
such non-approved lay-up area is deemed to be
within the vicinity of the approved port or lay-up area, days during which the Vessel
is laid up in such non-approved lay-up area may be added to days in the
approved port or lay-up area to calculate a
period of 30 consecutive days and a return shall be allowed for the proportion
of such period during which the Vessel is actually laid up in the
approved port or lay-up area
11
11.2.3 loading
or discharging operations or the presence of cargo on board shall not debar
returns but no return shall
be allowed for any period during which the Vessel is being
used for the storage of cargo or for lightering
purposes
11.2.4 in the event of any amendment of the
annual rate, the above rates of return shall be adjusted accordingly
11.2.5 in the event of
any return recoverable under this Clause 11 being based on 30 consecutive days
which fall on
successive insurances effected for the same Assured, this
insurance shall only be liable for an amount calculated at pro rata of the period rates 11.1.2 (a)
and/or (b) above for the number of days which come within the period of this insurance and to which a
return is actually applicable. Such overlapping period shall run, at the option of the Assured, either from
the first day on which the Vessel is laid up or the first day of a period of 30
consecutive days as provided under 11.1.2 (a) or (b), or 11.2.2 above.
The following clauses
shall be paramount and shall override anything contained in this insurance
inconsistent
therewith.
12 WAR EXCLUSION
In no case shall this insurance cover loss damage liability or
expense caused by
12.1 war civil war
revolution rebellion insurrection, or civil strife arising therefrom, or any
hostile act by or against a
belligerent power
12.2
capture seizure arrest restraint or detainment (barratry and piracy
excepted), and the consequences thereof or
any attempt
thereat
12.3 derelict mines
torpedoes bombs or other derelict weapons of war.
13
STRIKES EXCLUSION
In no case shall this insurance cover loss damage liability or
expense caused by
13.1 strikers, locked-out
workmen, or persons taking part in labour disturbances, riots or civil
commotions
13.2 any terrorist or any
person acting from a political motive.
14 MALICIOUS ACTS
EXCLUSION
In no case shall this insurance cover loss damage liability or
expense arising from
14.1
the detonation of an explosive
14.2
any weapon of war
and caused by any person acting maliciously or from a political
motive.
15
NUCLEAR EXCLUSION
In no case shall this insurance cover loss damage
liability or expense arising from any weapon of war employing atomic or nuclear
fission and/or fusion or other like reaction or radioactive force or matter.
* of the Company
REPLACED CLAUSE FOR CLAUSE 6.4.3
Clause 6.4.3
of the Institute Time Clauses-Hulls Disbursements and Increased Value (Total
Loss only, including Excess Liabilities) 1/10/83
shall be hereby deleted and replaced by the
following.
6.4.3 Collision
Liability (three-fourths*1)
not recoverable in full under the Institute 3/ 4ths*2
Collision Liability
and Sistership Clauses in the insurances on hull and
machinery by reason of such three-fourths*1 liability
exceeding three-fourths*1 of
the insured value of the Vessel as stated therein, in which case the amount
recoverable under this insurance shall be
such proportion of the difference so arising as the amount insured
12
hereunder bears to the total sum insured against excess
liabilities.
*1 four-fourths
*2 4/4ths
1/10/83
INSTITUTE TIME CLAUSES
HULLS
AMENDED FOR JAPANESE CLAUSES
CLASS NO.5 (4/90)
This insurance is subject to English law and practice
1 NAVIGATION
1.1 The Vessel is covered subject to the provisions of this insurance at
all times and has leave to sail or navigate with
or without pilots, to go on
trial trips and to assist and tow vessels or craft in distress, but it is
warranted that the
Vessel shall not be towed, except as is customary or to the first
safe port or place when in need of assistance, or
undertake towage or salvage services under a
contract previously arranged by the Assured and/or Owners and/or
Managers and/or Charterers. This Clause 1.1
shall not exclude customary towage in connection with loading and
discharging.
1.2 In the event of the
Vessel being employed in trading operations which entail cargo loading or
discharging at sea
from or into another vessel (not being a harbour or
inshore craft) no claim shall be recoverable under this insurance for loss of or damage to the Vessel
or liability to any other vessel arising from such loading or discharging operations, including whilst
approaching, lying alongside and leaving, unless previous notice that the
Vessel is to be employed in such operations has been given to the Underwriters
and any amended terms of cover and any additional
premium required by them have been agreed.
1.3 In the event of the Vessel sailing (with or
without cargo) with an intention of being (a) broken up, or (b) sold for
breaking
up, any claim for loss of or damage to the Vessel occurring subsequent to such
sailing shall be limited
to the market value of the Vessel as scrap at
the time when the loss or damage is sustained, unless previous notice
has been given to the Underwriters and any
amendments to the terms of cover, insured value and premium
required by them have been agreed. Nothing in this Clause 1.3
shall affect claims under Clauses 8 and/or 11.
2 CONTINUATION
Should the Vessel at the expiration of this insurance be
at sea or in distress or at a port of refuge or of call, she shall,
provided previous notice be given to the
Underwriters, be held covered at a pro rata monthly premium to her port of
destination.
3 BREACH OF
WARRANTY
Held
covered in case of any breach of warranty as to cargo, trade, locality, towage,
salvage services or date of sailing, provided notice be given to the
Underwriters immediately after receipt of advices and any amended terms of
cover and any additional premium required by them be agreed.
4 TERMINATION
This Clause 4 shall prevail notwithstanding any
provision whether written typed or printed in this insurance inconsistent
therewith.
Unless the Underwriters agree to the contrary in writing, this
insurance shall terminate automatically at the time of
4.1 change of the
Classification Society of the Vessel, or change, suspension, discontinuance,
withdrawal or expiry
of her Class therein, provided that if the Vessel is at
sea such automatic termination shall be deferred until arrival
at her next port. However where such change,
suspension, discontinuance or withdrawal of her Class has resulted
from loss or damage covered by Clause 6 of
this insurance or which would be covered by an insurance of the
13
Vessel
subject to current Institute War and Strikes Clauses Hulls-Time such automatic
termination shall only operate should the Vessel sail
from her next port without the prior approval of the Classification Society,
4.2 any change, voluntary or otherwise, in the
ownership or flag, transfer to new management, or charter on a
bareboat basis, or requisition for title or use of the
Vessel, provided that, if the Vessel has cargo on board and has already sailed from her loading port or is at
sea in ballast, such automatic termination shall if required be deferred, whilst the Vessel continues her planned voyage, until
arrival at final port of discharge if with cargo or at port of destination if in ballast. However, in the event of
requisition for title or use without the prior execution of a written
agreement by the Assured, such automatic termination shall occur fifteen days
after such requisition whether the Vessel is at sea or in port.
A pro rata daily net return of premium shall be made.
5 ASSIGNMENT
No assignment of or interest in this insurance or in any
moneys which may be or become payable thereunder is to be binding on or recognised by the Underwriters
unless a dated notice of such assignment or interest signed by the Assured, and by the assignor in the case of subsequent
assignment, is endorsed on the Policy and the Policy with such endorsement is produced before payment of any claim or return of
premium thereunder.
6 PERILS
6.1 This
insurance covers loss of or damage to the subject-matter insured caused by
6.1.1 perils
of the seas rivers lakes or other navigable waters
6.1.2 fire,
explosion
6.1.3 violent
theft by persons from outside the Vessel
6.1.4 jettison
6.1.5 piracy
6.1.6 breakdown
of or accident to nuclear installations or reactors
6.1.7 contact
with aircraft or similar objects, or objects falling therefrom, land
conveyance, dock or harbour
equipment or installation
6.1.8 earthquake
volcanic eruption or lightning.
6.2 This
insurance covers loss of or damage to the subject-matter insured caused by
6.2.1 accidents
in loading discharging or shifting cargo or fuel
6.2.2 bursting
of boilers breakage of shafts or any latent defect in the machinery or hull*1
6.2.3 negligence
of Master Officers Crew or Pilots
6.2.4 negligence
of repairers or charterers provided such repairers or charterers are not an
Assured hereunder
6.2.5 barratry
of Master Officers or Crew,
provided such loss or damage has not resulted from want of
due diligence by the Assured, Owners or
Managers.
6.3 Master Officers Crew or Pilots not to be considered
Owners within the meaning of this Clause 6 should they
hold shares in the Vessel.
*2 6.4
7 POLLUTION HAZARD
This insurance covers loss of or damage to the Vessel
caused by any governmental authority acting under the powers
vested in it to prevent or mitigate a pollution hazard, or threat
thereof, resulting directly from damage to the Vessel for
which the Underwriters are liable under this
insurance, provided such act of governmental authority has not resulted
from want of due diligence by the Assured,
the Owners, or Managers of the Vessel or any of them to prevent or mitigate
such hazard or threat. Master, Officers,
Crew or Pilots not to be considered Owners within the meaning of this Clause
7 should they hold shares in the Vessel.
14
8 3/4 THS*3 COLLISION
LIABILITY
8.1 The
Underwriters agree to indemnify the Assured for three-fourths*3
of any sum or sums paid by the Assured to
any other person or persons by reason of the Assured becoming
legally liable*4 by way of damages for
8.1.1 loss
of or damage to any other vessel or property on any other vessel
8.1.2 delay
to or loss of use of any such other vessel or property thereon
8.1.3 general average of, salvage of, or salvage under
contract of, any such other vessel or property thereon, where
such
payment by the Assured is in consequence of the Vessel hereby insured coming
into collision with any other vessel.
8.2 The indemnity provided by this Clause 8 shall be
in addition to the indemnity provided by the other terms and
conditions of this insurance and shall be subject to the following
provisions:
8.2.1 Where the insured Vessel is in collision with
another vessel and both vessels are to blame then, unless the
liability
of one or both vessels becomes limited by law, the indemnity under this Clause
8 shall be calculated on the principle of cross-liabilities as if the
respective Owners had been compelled to pay to each other such proportion of each other’s damages as may have
been properly allowed in ascertaining the balance or sum payable by or
to the Assured in consequence of the collision.
8.2.2 In no case
shall the Underwriters’ total liability under Clauses 8.1 and 8.2 exceed their
proportionate part of
three-fourths*3 of the insured value of the Vessel hereby insured in respect of
any one collision.
8.3 The Underwriters will also pay three-fourths*3
of the legal costs incurred by the Assured or which the Assured
may be compelled to pay in contesting liability or taking
proceedings to limit liability, with the prior written consent
of the Underwriters.
EXCLUSIONS
8.4 Provided always that this
Clause 8 shall in no case extend to any sum which the Assured shall pay for or
in
respect of
8.4.1 removal
or disposal of obstructions, wrecks, cargoes or any other thing whatsoever
8.4.2 any
real or personal property or thing whatsoever except other vessels or property
on other vessels
8.4.3 the
cargo or other property on, or the engagements of, the insured Vessel
8.4.4 loss
of life, personal injury or illness
8.4.5 pollution
or contamination of any real or personal property or thing whatsoever (except
other vessels with
which the insured Vessel is in collision or property on such other
vessels).
9 SISTERSHIP
Should the Vessel hereby insured come into collision with
or receive salvage services from another vessel belonging wholly or in part to the same Owners or
under the same management, the Assured shall have the same rights under this insurance as they would have were the other vessel entirely the
property of Owners not interested in the Vessel hereby insured; but in such
cases the liability for the collision or the amount payable for the services
rendered shall be referred to a sole
arbitrator to be agreed upon between the Underwriters and the Assured.
10 NOTICE OF CLAIM AND
TENDERS
10.1 In the event of
accident whereby loss or damage may result in a claim under this insurance,
notice shall be given
to the
Underwriters prior to survey and also, if the Vessel is abroad, to the nearest Lloyd’s
Agent*5 so that a
surveyor may be appointed to represent the Underwriters should
they so desire.
10.2 The Underwriters
shall be entitled to decide the port to which the Vessel shall proceed for
docking or repair (the
actual additional
expense of the voyage arising from compliance with the Underwriters’
requirements being
refunded to the Assured) and shall have a right of veto concerning
a place of repair or a repairing firm.
10.3
The Underwriters may also take tenders or may require further tenders to
be taken for the repair of the Vessel.
Where such a tender has been taken and a tender
is accepted with the approval of the Underwriters, an allowance
shall be made at the rate of 30% per annum on the insured
value for time lost between the despatch of the
invitations to tender required by Underwriters and the acceptance
of a tender to the extent that such time is lost
solely as the result of tenders having been taken and provided
that the tender is accepted without delay after
15
receipt of the Underwriters’ approval.
Due credit shall be given against the allowance as above for any
amounts recovered in respect of fuel and stores and wages and maintenance of the Master Officers and Crew or any member
thereof, including amounts allowed in general average, and for any
amounts recovered from third parties in respect of damages for detention and/or
loss of profit and/or running expenses, for the period covered by the tender
allowance or any part thereof.
Where a part of the cost of the repair of
damage other than a fixed deductible is not recoverable from the Underwriters the allowance shall be reduced by a similar
proportion.
10.4 In the event
of failure to comply with the conditions of this Clause 10 a deduction of 15%
shall be made from
the amount of
the ascertained claim.
11
GENERAL AVERAGE AND SALVAGE
11.1
This insurance covers the Vessel’s proportion of salvage, salvage
charges and/or general average, reduced in
respect of any under-insurance, but in case of general average sacrifice of the
Vessel the Assured may recover in
respect of the whole loss without first enforcing their right of
contribution from other parties.
11.2
Adjustment to be according to the law and practice obtaining at the
place where the adventure ends, as if the
contract of affreightment contained no special
terms upon the subject; but where the contract of affreightment
so provides the adjustment shall be according to the York-Antwerp
Rules.
11.3 When the Vessel sails
in ballast, not under charter, the provisions of the York-Antwerp Rules, 1974
(excluding
Rules XX and XXI)
shall be applicable, and the voyage for this purpose shall be deemed to
continue from the
port or
place of departure until the arrival of the Vessel at the first port or place
thereafter other than a port or
place of refuge or a port or place of call for bunkering only. If
at any such intermediate port or place there is an
abandonment of the adventure originally contemplated the voyage
shall thereupon be deemed to be terminated.
11.4 No claim
under this Clause 11 shall in any case be allowed where the loss was not
incurred to avoid or in
connection with
the avoidance of a peril insured against.
12
DEDUCTIBLE
12.1 No claim arising from a peril insured against shall
be payable under this insurance unless the aggregate of all
such claims arising out of each separate
accident or occurrence (including claims under Clauses 8, 11 and 13)
exceeds (as specified in the POLICY) in which case this sum shall be deducted.
Nevertheless the expense of sighting the bottom after
stranding, if reasonably incurred specially for that purpose, shall be paid even if no damage be found.
This Clause 12.1 shall not apply to a claim for total or constructive total loss of the Vessel or, in the event of such a claim, to any
associated claim under Clause 13 arising from the same accident or occurrence.
12.2 Claims for damage by
heavy weather occurring during a single sea passage between two successive
ports shall
be treated as being due to one accident. In the case of
such heavy weather extending over a period not wholly covered by this insurance the deductible to be applied to the
claim recoverable hereunder shall be the proportion of the above deductible that the number of days of such heavy weather
falling within the period of this insurance bears to the number of days
of heavy weather during the single sea passage. The expression “heavy weather”
in this Clause 12.2 shall be deemed to include contact with floating ice.
12.3 Excluding any
interest comprised therein, recoveries against any claim which is subject to
the above deductible
shall be credited to the Underwriters in full to the
extent of the sum by which the aggregate of the claim unreduced by any recoveries exceeds the above deductible.
12.4 Interest comprised in recoveries shall be
apportioned between the Assured and the Underwriters, taking into
account
the sums paid by the Underwriters and the dates when such payments were made,
notwithstanding that by the addition of interest the Underwriters may receive a
larger sum than they have paid.
13 DUTY OF ASSURED(SUE
AND LABOUR)
13.1
In case of any loss or misfortune it is the duty of the Assured and
their servants and agents to take such measures
as may be reasonable for the purpose of averting
or minimising a loss which would be recoverable under this
insurance.
16
13.2 Subject to the provisions below and to Clause 12
the Underwriters will contribute to charges properly and
reasonably incurred by the Assured their servants or
agents for such measures. General average, salvage charges
(except as provided for in Clause 13.5) and
collision defence or attack costs are not recoverable under this Clause
13.
13.3 Measures taken by the Assured or the Underwriters
with the object of saving, protecting or recovering the
subject-matter
insured shall not be considered as a waiver or acceptance of abandonment or
otherwise prejudice the rights of either party.
13.4 When expenses are incurred pursuant to this Clause
13 the liability under this insurance shall not exceed the
proportion
of such expenses that the amount insured hereunder bears to the value of the
Vessel as stated herein,
or to the sound value of the Vessel at the time of the occurrence
giving rise to the expenditure if the sound value
exceeds that value. Where the Underwriters have admitted a claim for total
loss and property insured by this
insurance is saved, the foregoing provisions
shall not apply unless the expenses of suing and labouring exceed
the value of such property saved and then
shall apply only to the amount of the expenses which is in excess of
such value.
13.5 When a claim for total loss of the Vessel is
admitted under this insurance and expenses have been reasonably
incurred in saving or attempting to save the Vessel and
other property and there are no proceeds, or the expenses
exceed the proceeds, then this insurance
shall bear its pro rata share of such proportion of the expenses, or of the
expenses in excess of the proceeds, as the case may be, as may
reasonably be regarded as having been incurred
in respect of the Vessel; but if the
Vessel be insured for less than its sound value at the time of the occurrence
giving rise to the expenditure, the amount
recoverable under this clause shall be reduced in proportion to the
under-insurance.
13.6 The sum recoverable under this Clause 13 shall be
in addition to the loss otherwise recoverable under this
insurance but shall in no circumstances exceed the amount insured
under this insurance in respect of the Vessel.
14
NEW FOR OLD
Claims payable without deduction new for old.
15 BOTTOM TREATMENT
In no case shall a claim be allowed in respect of
scraping gritblasting and/or other surface preparation or painting of the Vessel’s bottom except that
15.1
gritblasting and/or other surface preparation of new bottom plates
ashore and supplying and applying any “shop”
primer thereto,
15.2
gritblasting and/or other surface preparation of:
the butts or area of plating immediately adjacent to any
renewed or refitted plating damaged during the course
of welding and/or repairs, areas of plating damaged during the
course of fairing, either in place or ashore,
15.3
supplying and applying the first coat of primer/anti-corrosive to those
particular areas mentioned in 15.1 and
15.2 above,
shall be allowed as part of the reasonable cost of repairs in
respect of bottom plating damaged by an insured peril.
16 WAGES AND
MAINTENANCE
No claim shall be allowed, other than in general
average, for wages and maintenance of the Master, Officers and Crew, or any member thereof, except when incurred solely for the
necessary removal of the Vessel from one port to another for the repair of damage covered by the
Underwriters, or for trial trips for such repairs, and then only for such wages
and maintenance as are incurred whilst the Vessel is under way.
17 AGENCY COMMISSION
In no case shall any sum be allowed under this insurance
either by way of remuneration of the Assured for time and
trouble taken to obtain and supply
information or documents or in respect of the commission or charges of any
manager,
agent, managing or agency company or the
like, appointed by or on behalf of the Assured to perform such services.
17
18 UNREPAIRED DAMAGE
18.1 The measure of
indemnity in respect of claims for unrepaired damage shall be the reasonable
depreciation in the
market value of
the Vessel at the time this insurance terminates arising from such unrepaired
damage, but not
exceeding the reasonable cost of repairs.
18.2
In no case shall the Underwriters be liable for unrepaired damage in the
event of a subsequent total loss (whether
or not covered under this insurance) sustained
during the period covered by this insurance or any extension
thereof.
18.3 The Underwriters
shall not be liable in respect of unrepaired damage for more than the insured
value at the time
this insurance
terminates.
19 CONSTRUCTIVE TOTAL
LOSS
19.1
In ascertaining whether the Vessel is a constructive total loss, the
insured value shall be taken as the repaired
value and nothing in respect of the damaged or
break-up value of the Vessel or wreck shall be taken into account.
19.2 No claim for
constructive total loss based upon the cost of recovery and/or repair of the
Vessel shall be
recoverable
hereunder unless such cost would exceed the insured value. In making this
determination, only the
cost
relating to a single accident or sequence of damages arising from the same
accident shall be taken into
account.
20 FREIGHT WAIVER
In the event of total or constructive total loss no claim
to be made by the Underwriters for freight whether notice of abandonment has been given or not.
21 DISBURSEMENTS
WARRANTY
21.1
Additional insurances as follows are permitted:
21.1.1 Disbursements, Managers’
Commissions, Profits or Excess or Increased Value of Hull and Machinery. A sum
not exceeding 25% of the value stated herein.
21.1.2 Freight, Chartered Freight or Anticipated Freight, insured for time. A sum not exceeding 25% of the value
as stated herein less any sum insured, however described, under
21.1.1.
21.1.3 Freight or Hire, under contracts for
voyage. A sum not exceeding
the gross freight or hire for the current
cargo passage and next succeeding cargo passage (such
insurance to include, if required, a preliminary and an intermediate ballast passage) plus the
charges of insurance. In the case of a voyage charter where payment is made on a time basis, the sum permitted for insurance shall be
calculated on the estimated duration of the voyage,
subject to the limitation of two cargo passages as laid down herein. Any sum
insured under 21.1.2 to be taken into account and only the excess thereof may
be insured, which excess shall be reduced as the freight or hire is advanced or
earned by the gross amount so advanced or earned.
21.1.4 Anticipated Freight if the Vessel sails in ballast and not under
Charter. A sum not exceeding the anticipated
gross freight on next cargo passage, such sum to be
reasonably estimated on the basis of the current rate of freight at time of insurance plus the charges
of insurance. Any sum insured under 21.1.2 to be taken into account and only the excess thereof may be insured.
21.1.5 Time Charter Hire or Charter Hire for Series of Voyages. A sum not exceeding 50% of the gross hire which
is to be earned under the charter in a period not
exceeding 18 months. Any sum insured under 21.1.2 to be
taken into account and only the excess
thereof may be insured, which excess shall be reduced as the hire is
advanced or earned under the charter by 50%
of the gross amount so advanced or earned but the sum insured
need not be reduced while the total of the sums insured under
21.1.2 and 21.1.5 does not exceed 50% of the
gross hire still to be earned under the
charter. An insurance under this Section may begin on the signing of
the charter.
21.1.6 Premiums. A sum not exceeding the actual premiums of
all interests insured for a period not exceeding 12
months
(excluding premiums insured under the foregoing sections but including, if
required, the premium or estimated calls on any Club or War etc. Risk
insurance) reducing pro rata monthly.
21.1.7 Returns of Premium. A sum not exceeding the actual returns which
are allowable under any insurance but
18
which would not be recoverable thereunder in the event
of a total loss of the Vessel whether by insured perils or otherwise.
21.1.8 Insurance irrespective of amount against:
Any risks excluded by Clauses 23, 24, 25 and 26 below.
21.2
Warranted that no insurance on any interests enumerated in the foregoing
21.1.1 to 21.1.7 in excess of the
amounts permitted therein and no other insurance
which includes total loss of the Vessel P.P.I., F.I.A., or subject
to any
other like term, is or shall be effected to operate during the currency of this
insurance by or for account
of the Assured, Owners, Managers or
Mortgagees. Provided always that a breach of this warranty shall not afford
the Underwriters any defence to a claim by a Mortgagee who has
accepted this insurance without knowledge of
such breach.
22
RETURNS FOR LAY-UP AND CANCELLATION
22.1
To return as follows:
22.1.1 Pro rata monthly
net for each uncommenced month if this insurance be cancelled by agreement.
22.1.2 For each period
of 30 consecutive days the Vessel may be laid up in a port or in a lay-up area
provided such
port or lay-up area is approved by the Underwriters (with special
liberties as hereinafter allowed)
(a) (as arranged) per cent net not under repair
(b) (as arranged) per cent net under repair.
If the Vessel is under repair during part only of a
period for which a return is claimable, the return shall be calculated pro rata to the number of days under (a) and (b)
respectively.
22.2
PROVIDED ALWAYS THAT
22.2.1 a total loss of
the Vessel, whether by insured perils or otherwise, has not occurred during the
period covered
by this insurance or any extension thereof
22.2.2 in no case shall a return be allowed when the
Vessel is lying in exposed or unprotected waters, or in a port or
lay-up
area not approved by the Underwriters but, provided the Underwriters agree that
such non-approved lay-up area is deemed to be
within the vicinity of the approved port or lay-up area, days during which the Vessel
is laid up in such non-approved lay-up area may be added to days in the
approved port or lay-up area to calculate a
period of 30 consecutive days and a return shall be allowed for the proportion
of such period during which the Vessel is actually laid up in the
approved port or lay-up area
22.2.3 loading or discharging operations or the presence
of cargo on board shall not debar returns but no return shall
be allowed for any period during which the Vessel is being used
for the storage of cargo or for lightering
purposes
22.2.4 in the event of
any amendment of the annual rate, the above rates of return shall be adjusted
accordingly
22.2.5 in the event of
any return recoverable under this Clause 22 being based on 30 consecutive days
which fall on
successive insurances effected for the same Assured, this
insurance shall only be liable for an amount calculated at pro rata of the period rates 22.1.2(a)
and/or (b) above for the number of days which come within the period of this insurance and to which a
return is actually applicable. Such overlapping period shall run, at the option of the Assured, either from
the first day on which the Vessel is laid up or the first day of a period of 30
consecutive days as provided under 22.1.2(a) or (b), or 22.2.2 above.
The following clauses
shall be paramount and shall override anything contained in this insurance
inconsistent
therewith.
23 WAR EXCLUSION
In no case shall this insurance cover loss damage liability or
expense caused by
23.1 war civil war
revolution rebellion insurrection, or civil strife arising therefrom, or any
hostile act by or against a
belligerent power
23.2 capture
seizure arrest restraint or detainment (barratry and piracy excepted),
and the consequences thereof or
any attempt
thereat
23.3 derelict mines
torpedoes bombs or other derelict weapons of war
19
23.4*6
24
STRIKES EXCLUSION
In no case shall this insurance cover loss damage liability or
expense caused by
24.1 strikers, locked-out
workmen, or persons taking part in labour disturbances, riots or civil
commotions
24.2 any terrorist or any
person acting from a political motive.
25 MALICIOUS ACTS
EXCLUSION
In no case shall this insurance cover loss damage liability or
expense arising from
25.1
the detonation of an explosive
25.2
any weapon of war
and caused by any person acting maliciously or from a political
motive.
26
NUCLEAR EXCLUSION
In no case shall this insurance cover loss damage
liability or expense arising from any weapon of war employing atomic or nuclear
fission and/or fusion or other like reaction or radioactive force or matter.
*1 except any accident to
painting only including such accident arising from the cause mentioned in 6.2.4
below.
*2 Notwithstanding any provision
herein no claim under this Clause 6 shall in any case be allowed in respect of
particular
average unless caused by
the Vessel sinking, stranding, grounding, burning, being on fire, explosion or
in collision or
contact with any external substance other than water.
*3 four-fourths
*4 which the Assured become
legally liable to pay to any other person or persons
*5 of the Company
*6 23.4 violent theft
by persons from outside the Vessel or piracy.
1/10/83
INSTITUTE TIME CLAUSES
HULLS
AMENDED FOR JAPANESE CLAUSES
CLASS NO.6 (4/93)
This insurance is subject to English law and practice
1 NAVIGATION
1.1 The Vessel is covered subject to the provisions
of this insurance at all times and has leave to sail or navigate with
or
without pilots, to go on trial trips and to assist and tow vessels or craft in
distress, but it is warranted that the
Vessel shall not be towed, except as is customary or to the first
safe port or place when in need of assistance, or
undertake towage or salvage services under a
contract previously arranged by the Assured and/or Owners and/or
Managers and/or Charterers. This Clause 1.1
shall not exclude customary towage in connection with loading and
discharging.
1.2 In the event of the
Vessel being employed in trading operations which entail cargo loading or
discharging at sea
from or into another vessel (not being a harbour or
inshore craft) no claim shall be recoverable under this insurance for loss of or damage to the Vessel
or liability to any other vessel arising from such loading or discharging operations, including whilst
approaching, lying alongside and leaving, unless previous notice that the
Vessel is to be employed in such operations has been given to the Underwriters
and any amended terms of cover and any additional
premium required by them have been agreed.
1.3 In the event of the Vessel sailing (with or
without cargo) with an intention of being (a) broken up, or (b) sold for
breaking up, any claim for loss of or damage to the Vessel
occurring subsequent to such sailing shall be limited
20
to the
market value of the Vessel as scrap at the time when the loss or damage is
sustained, unless previous notice
has been given to the Underwriters and any
amendments to the terms of cover, insured value and premium
required by them have been agreed. Nothing in this Clause 1.3
shall affect claims under Clauses 8 and/or 11.
2 CONTINUATION
Should the Vessel at the expiration of this insurance be
at sea or in distress or at a port of refuge or of call, she shall,
provided previous notice be given to the
Underwriters, be held covered at a pro rata monthly premium to her port of
destination.
3 BREACH OF
WARRANTY
Held
covered in case of any breach of warranty as to cargo, trade, locality, towage,
salvage services or date of sailing, provided notice be given to the
Underwriters immediately after receipt of advices and any amended terms of
cover and any additional premium required by them be agreed.
4 TERMINATION
This Clause 4 shall prevail notwithstanding any
provision whether written typed or printed in this insurance inconsistent
therewith.
Unless the Underwriters agree to the contrary in writing, this
insurance shall terminate automatically at the time of
4.1 change of the
Classification Society of the Vessel, or change, suspension, discontinuance,
withdrawal or expiry
of her Class therein, provided that if the Vessel is at
sea such automatic termination shall be deferred until arrival
at her next port. However where such change,
suspension, discontinuance or withdrawal of her Class has resulted
from loss or damage covered by Clause 6 of
this insurance or which would be covered by an insurance of the
Vessel
subject to current Institute War and Strikes Clauses Hulls-Time such automatic
termination shall only operate should the Vessel sail
from her next port without the prior approval of the Classification Society,
4.2 any change, voluntary or otherwise, in the
ownership or flag, transfer to new management, or charter on a
bareboat basis, or requisition for title or use of the
Vessel, provided that, if the Vessel has cargo on board and has already sailed from her loading port or is at
sea in ballast, such automatic termination shall if required be deferred, whilst the Vessel continues her planned voyage, until
arrival at final port of discharge if with cargo or at port of destination if in ballast. However, in the event of
requisition for title or use without the prior execution of a written
agreement by the Assured, such automatic termination shall occur fifteen days
after such requisition whether the Vessel is at sea or in port.
A pro rata daily net
return of premium shall be made.
5 ASSIGNMENT
No assignment of or interest in this insurance or in any
moneys which may be or become payable thereunder is to be binding on or recognised by the Underwriters
unless a dated notice of such assignment or interest signed by the Assured, and by the assignor in the case of subsequent
assignment, is endorsed on the Policy and the Policy with such endorsement is produced before payment of any claim or return of
premium thereunder.
6 PERILS
6.1 This insurance covers loss of or damage to the subject-matter insured
caused by
6.1.1 perils of the seas rivers lakes or other navigable
waters
6.1.2 fire, explosion
6.1.3 violent theft by persons from outside the Vessel
6.1.4 jettison
6.1.5 piracy
6.1.6 breakdown of or accident to nuclear installations
or reactors
6.1.7 contact with aircraft or similar objects, or
objects falling therefrom, land conveyance, dock or harbour
equipment or installation
21
6.1.8 earthquake
volcanic eruption or lightning.
6.2 This insurance
covers loss of or damage to the subject-matter insured caused by
6.2.1 accidents in
loading discharging or shifting cargo or fuel
6.2.2 bursting of
boilers breakage of shafts or any latent defect in the machinery or hull*1
6.2.3 negligence of
Master Officers Crew or Pilots
6.2.4 negligence of
repairers or charterers provided such repairers or charterers are not an
Assured hereunder
6.2.5 barratry of
Master Officers or Crew,
provided such loss or damage has not resulted from want of due
diligence by the Assured, Owners or Managers.
6.3 Master Officers Crew or Pilots not to be considered
Owners within the meaning of this Clause 6 should they
hold shares in the Vessel.
7 POLLUTION HAZARD
This insurance covers loss of or damage to the Vessel
caused by any governmental authority acting under the powers
vested in it to prevent or mitigate a pollution hazard, or threat
thereof, resulting directly from damage to the Vessel for
which the Underwriters are liable under this
insurance, provided such act of governmental authority has not resulted
from want of due diligence by the Assured,
the Owners, or Managers of the Vessel or any of them to prevent or mitigate
such hazard or threat. Master, Officers,
Crew or Pilots not to be considered Owners within the meaning of this Clause
7 should they hold shares in the Vessel.
8 3/4 THS*2 COLLISION
LIABILITY
8.1 The
Underwriters agree to indemnify the Assured for three-fourths*2
of any sum or sums paid by the Assured to
any other person or persons by reason of the Assured becoming
legally liable*3 by way of damages for
8.1.1 loss
of or damage to any other vessel or property on any other vessel
8.1.2 delay
to or loss of use of any such other vessel or property thereon
8.1.3 general
average of, salvage of, or salvage under contract of, any such other vessel or
property thereon,
where such payment by the Assured is in consequence of
the Vessel hereby insured coming into collision with any other
vessel.
8.2 The indemnity provided by this Clause 8 shall be
in addition to the indemnity provided by the other terms and
conditions of this insurance and shall be subject to the following
provisions:
8.2.1 Where the insured Vessel is in collision with
another vessel and both vessels are to blame then, unless the
liability
of one or both vessels becomes limited by law, the indemnity under this Clause
8 shall be calculated on the principle of cross-liabilities as if the
respective Owners had been compelled to pay to each other such proportion of each other’s damages as may have
been properly allowed in ascertaining the balance or sum payable by or
to the Assured in consequence of the collision.
8.2.2 In no case
shall the Underwriters’ total liability under Clauses 8.1 and 8.2 exceed their
proportionate part of
three-fourths*2 of the insured value of the Vessel hereby insured in respect of
any one collision.
8.3 The Underwriters will also pay three-fourths*2
of the legal costs incurred by the Assured or which the Assured
may be compelled to pay in contesting liability or taking
proceedings to limit liability, with the prior written consent
of the Underwriters.
EXCLUSIONS
8.4 Provided always that this
Clause 8 shall in no case extend to any sum which the Assured shall pay for or
in
respect of
8.4.1 removal
or disposal of obstructions, wrecks, cargoes or any other thing whatsoever
8.4.2 any
real or personal property or thing whatsoever except other vessels or property
on other vessels
8.4.3 the
cargo or other property on, or the engagements of, the insured Vessel
8.4.4 loss
of life, personal injury or illness
8.4.5 pollution
or contamination of any real or personal property or thing whatsoever (except
other vessels with
22
which the insured Vessel is in collision or property on such other
vessels).
9 SISTERSHIP
Should the Vessel hereby insured come into collision with
or receive salvage services from another vessel belonging wholly or in part to the same Owners or
under the same management, the Assured shall have the same rights under this insurance as they would have were the other vessel entirely the
property of Owners not interested in the Vessel hereby insured; but in such
cases the liability for the collision or the amount payable for the services
rendered shall be referred to a sole
arbitrator to be agreed upon between the Underwriters and the Assured.
10 NOTICE OF CLAIM AND
TENDERS
10.1 In the event of accident whereby loss or damage
may result in a claim under this insurance, notice shall be given
to the Underwriters prior to survey and also, if the
Vessel is abroad, to the nearest Lloyd’s Agent*4 so that a surveyor may be appointed to represent the Underwriters should
they so desire.
10.2 The Underwriters
shall be entitled to decide the port to which the Vessel shall proceed for
docking or repair (the
actual additional expense of the voyage arising from
compliance with the Underwriters’ requirements being refunded
to the Assured) and shall have a right of veto concerning a place of repair or
a repairing firm.
10.3 The Underwriters may also take tenders or may
require further tenders to be taken for the repair of the Vessel.
Where such a tender has been taken and a tender is
accepted with the approval of the Underwriters, an allowance shall be made at the rate of 30% per annum on
the insured value for time lost between the despatch of the invitations to tender required by Underwriters and the acceptance
of a tender to the extent that such time is lost solely as the result of tenders having been taken and provided that the
tender is accepted without delay after receipt of the Underwriters’
approval.
Due credit shall be given against the allowance as above for any
amounts recovered in respect of fuel and stores and wages and maintenance of the Master Officers and Crew or any member
thereof, including amounts allowed in general average, and for any
amounts recovered from third parties in respect of damages for detention and/or
loss of profit and/or running expenses, for the period covered by the tender
allowance or any part thereof.
Where a part of the cost of the repair of
damage other than a fixed deductible is not recoverable from the Underwriters the allowance shall be reduced by a similar
proportion.
10.4 In the event of failure to comply with the
conditions of this Clause 10 a deduction of 15% shall be made from
the amount of the ascertained claim.
11
GENERAL AVERAGE AND SALVAGE
11.1
This insurance covers the Vessel’s proportion of salvage, salvage
charges and/or general average, reduced in
respect of any under-insurance, but in case of general average sacrifice of the
Vessel the Assured may recover in
respect of the whole loss without first enforcing their right of
contribution from other parties.
11.2
Adjustment to be according to the law and practice obtaining at the
place where the adventure ends, as if the
contract of affreightment contained no special
terms upon the subject; but where the contract of affreightment
so provides the adjustment shall be according to the York-Antwerp
Rules.
11.3 When the Vessel sails
in ballast, not under charter, the provisions of the York-Antwerp Rules, 1974
(excluding
Rules XX and XXI)
shall be applicable, and the voyage for this purpose shall be deemed to
continue from the
port or place of departure until the arrival of the
Vessel at the first port or place thereafter other than a port or
place of refuge or a port or place of call for bunkering only. If
at any such intermediate port or place there is an
abandonment of the adventure originally contemplated the voyage
shall thereupon be deemed to be terminated.
11.4
No claim under this Clause 11 shall in any case be allowed where the
loss was not incurred to avoid or in
connection with
the avoidance of a peril insured against.
12
DEDUCTIBLE
12.1
No claim arising from a peril insured against*5 shall
be payable under this insurance unless the aggregate of all
such claims arising out of each separate accident
or occurrence (including claims under Clauses 8, 11 and 13)
exceeds (the
amount specified in the POLICY) in
which case this sum shall be deducted.
23
Nevertheless
the expense of sighting the bottom after stranding*6, if
reasonably incurred specially for that purpose, shall be paid even if no damage
be found. This Clause 12.1 shall not apply to a claim for total or constructive total loss of the Vessel or, in
the event of such a claim, to any associated claim under Clause 13 arising from the same accident or occurrence.
12.2 Claims for damage by
heavy weather occurring during a single sea passage between two successive
ports shall
be treated as being due to one accident. In the case of
such heavy weather extending over a period not wholly covered
by this insurance the deductible to be applied to the claim recoverable
hereunder shall be the proportion of the
above deductible that the number of days of such heavy weather falling within
the period of this insurance bears to the number of days of heavy
weather during the single sea passage. The expression “heavy weather” in
this Clause 12.2 shall be deemed to include contact with floating ice.
12.3 Excluding any
interest comprised therein, recoveries against any claim which is subject to
the above deductible
shall be credited to the Underwriters in full to the
extent of the sum by which the aggregate of the claim unreduced by any recoveries exceeds the above deductible.
12.4 Interest comprised in recoveries shall be
apportioned between the Assured and the Underwriters, taking into
account
the sums paid by the Underwriters and the dates when such payments were made,
notwithstanding that by the addition of interest the Underwriters may receive a
larger sum than they have paid.
13 DUTY OF ASSURED(SUE
AND LABOUR)
13.1 In case of any loss or misfortune it is the duty
of the Assured and their servants and agents to take such measures
as may be reasonable for the purpose of averting or
minimising a loss which would be recoverable under this
insurance.
13.2 Subject to the provisions below and to Clause 12
the Underwriters will contribute to charges properly and
reasonably incurred by the Assured their servants or
agents for such measures. General average, salvage charges
(except as provided for in Clause 13.5) and
collision defence or attack costs are not recoverable under this Clause
13.
13.3 Measures taken by the Assured or the Underwriters
with the object of saving, protecting or recovering the
subject-matter
insured shall not be considered as a waiver or acceptance of abandonment or
otherwise prejudice the rights of either party.
13.4 When expenses are incurred pursuant to this Clause
13 the liability under this insurance shall not exceed the
proportion
of such expenses that the amount insured hereunder bears to the value of the
Vessel as stated herein,
or to the sound value of the Vessel at the time of the occurrence
giving rise to the expenditure if the sound value
exceeds that value. Where the Underwriters have admitted a claim
for total loss and property insured by this
insurance is saved, the foregoing provisions
shall not apply unless the expenses of suing and labouring exceed
the value of such property saved and then
shall apply only to the amount of the expenses which is in excess of
such value.
13.5 When a claim for total loss of the Vessel is
admitted under this insurance and expenses have been reasonably
incurred in saving or attempting to save the Vessel and
other property and there are no proceeds, or the expenses
exceed the proceeds, then this insurance
shall bear its pro rata share of such proportion of the expenses, or of the
expenses in excess of the proceeds, as the case may be, as may
reasonably be regarded as having been incurred
in respect of the Vessel; but if the
Vessel be insured for less than its sound value at the time of the occurrence
giving rise to the expenditure, the amount
recoverable under this clause shall be reduced in proportion to the
under-insurance.
13.6 The sum recoverable under this Clause 13 shall be
in addition to the loss otherwise recoverable under this
insurance but shall in no circumstances exceed the amount insured
under this insurance in respect of the Vessel.
14
NEW FOR OLD
Claims payable without deduction new for old.
24
15 BOTTOM TREATMENT
In no case shall a claim be allowed in respect of
scraping gritblasting and/or other surface preparation or painting of the Vessel’s bottom except that
15.1
gritblasting and/or other surface preparation of new bottom plates
ashore and supplying and applying any “shop”
primer thereto,
15.2
gritblasting and/or other surface preparation of:
the butts or area of plating immediately adjacent to any
renewed or refitted plating damaged during the course
of welding and/or repairs, areas of plating damaged during the
course of fairing, either in place or ashore,
15.3
supplying and applying the first coat of primer/anti-corrosive to those
particular areas mentioned in 15.1 and
15.2
above, shall be allowed as part of the reasonable cost of repairs in respect of
bottom plating damaged by an insured peril.
16 WAGES AND
MAINTENANCE
No claim shall be allowed, other than in general
average, for wages and maintenance of the Master, Officers and Crew, or any member thereof, except when incurred solely for the
necessary removal of the Vessel from one port to another for the repair of damage covered by the
Underwriters, or for trial trips for such repairs, and then only for such wages
and maintenance as are incurred whilst the Vessel is under way.
17 AGENCY COMMISSION
In no case shall any sum be allowed under this insurance
either by way of remuneration of the Assured for time and
trouble taken to obtain and supply
information or documents or in respect of the commission or charges of any
manager,
agent, managing or agency company or the
like, appointed by or on behalf of the Assured to perform such services.
18 UNREPAIRED DAMAGE
18.1 The measure of
indemnity in respect of claims for unrepaired damage shall be the reasonable
depreciation in the
market value of
the Vessel at the time this insurance terminates arising from such unrepaired
damage, but not
exceeding the reasonable cost of repairs.
18.2
In no case shall the Underwriters be liable for unrepaired damage in the
event of a subsequent total loss (whether
or not covered under this insurance) sustained
during the period covered by this insurance or any extension
thereof.
18.3 The Underwriters
shall not be liable in respect of unrepaired damage for more than the insured
value at the time
this insurance
terminates.
19 CONSTRUCTIVE TOTAL
LOSS
19.1
In ascertaining whether the Vessel is a constructive total loss, the
insured value shall be taken as the repaired
value and nothing in respect of the damaged or
break-up value of the Vessel or wreck shall be taken into account.
19.2 No claim for
constructive total loss based upon the cost of recovery and/or repair of the
Vessel shall be
recoverable
hereunder unless such cost would exceed the insured value. In making this
determination, only the
cost
relating to a single accident or sequence of damages arising from the same
accident shall be taken into
account.
20 FREIGHT WAIVER
In the event of total or constructive total loss no claim
to be made by the Underwriters for freight whether notice of abandonment has been given or not.
21 DISBURSEMENTS
WARRANTY
21.1
Additional insurances as follows are permitted:
21.1.1 Disbursements, Managers’
Commissions, Profits or Excess or Increased Value of Hull and Machinery. A sum
not exceeding 25% of the value stated herein.
21.1.2 Freight, Chartered Freight or Anticipated Freight, insured for time. A sum not exceeding 25% of the value
25
as stated herein less any sum insured, however described, under
21.1.1.
21.1.3 Freight or Hire, under contracts for
voyage. A sum not exceeding
the gross freight or hire for the current
cargo passage and next succeeding cargo passage (such
insurance to include, if required, a preliminary and an intermediate ballast passage) plus the
charges of insurance. In the case of a voyage charter where payment is made on a time basis, the sum permitted for insurance shall be
calculated on the estimated duration of the voyage,
subject to the limitation of two cargo passages as laid down herein. Any sum
insured under 21.1.2 to be taken into account and only the excess thereof may
be insured, which excess shall be reduced as the freight or hire is advanced or
earned by the gross amount so advanced or earned.
21.1.4 Anticipated Freight if the Vessel sails in ballast and not under
Charter. A sum not exceeding the anticipated
gross freight on next cargo passage, such sum to be
reasonably estimated on the basis of the current rate of freight at time of insurance plus the charges
of insurance. Any sum insured under 21.1.2 to be taken into account and only the excess thereof may be insured.
21.1.5 Time Charter Hire or Charter Hire for Series of Voyages. A sum not exceeding 50% of the gross hire which
is to be earned under the charter in a period not
exceeding 18 months. Any sum insured under 21.1.2 to be
taken into account and only the excess
thereof may be insured, which excess shall be reduced as the hire is
advanced or earned under the charter by 50%
of the gross amount so advanced or earned but the sum insured
need not be reduced while the total of the sums insured under
21.1.2 and 21.1.5 does not exceed 50% of the
gross hire still to be earned under the
charter. An insurance under this Section may begin on the signing of
the charter.
21.1.6 Premiums. A sum not exceeding the actual premiums of
all interests insured for a period not exceeding 12
months
(excluding premiums insured under the foregoing sections but including, if
required, the premium or estimated calls on any Club or War etc. Risk
insurance) reducing pro rata monthly.
21.1.7 Returns of Premium. A sum not exceeding the actual returns which
are allowable under any insurance but
which would not be recoverable thereunder in the event
of a total loss of the Vessel whether by insured perils or otherwise.
21.1.8 Insurance irrespective of amount against:
Any risks excluded by Clauses 23, 24, 25 and 26 below.
21.2
Warranted that no insurance on any interests enumerated in the foregoing
21.1.1 to 21.1.7 in excess of the
amounts permitted therein and no other insurance
which includes total loss of the Vessel P.P.I., F.I.A., or subject
to any
other like term, is or shall be effected to operate during the currency of this
insurance by or for account
of the Assured, Owners, Managers or
Mortgagees. Provided always that a breach of this warranty shall not afford
the Underwriters any defence to a claim by a Mortgagee who has
accepted this insurance without knowledge of
such breach.
22
RETURNS FOR LAY-UP AND CANCELLATION
22.1
To return as follows:
22.1.1 Pro rata monthly
net for each uncommenced month if this insurance be cancelled by agreement.
22.1.2 For each period
of 30 consecutive days the Vessel may be laid up in a port or in a lay-up area
provided such
port or lay-up area is approved by the Underwriters (with special
liberties as hereinafter allowed)
(a) (as arranged) per cent net not under repair
(b) (as arranged) per cent net under repair.
If the Vessel is under repair during part only of a
period for which a return is claimable, the return shall be calculated pro rata to the number of days under (a) and (b)
respectively.
22.2
PROVIDED ALWAYS THAT
22.2.1 a total loss of
the Vessel, whether by insured perils or otherwise, has not occurred during the
period covered
by this insurance or any extension thereof
22.2.2 in no case shall a return be allowed when the
Vessel is lying in exposed or unprotected waters, or in a port or
lay-up
area not approved by the Underwriters but, provided the Underwriters agree that
such non-approved
lay-up area is deemed to be within the vicinity of the approved
port or lay-up area, days during which the
26
Vessel
is laid up in such non-approved lay-up area may be added to days in the
approved port or lay-up area to calculate a
period of 30 consecutive days and a return shall be allowed for the proportion
of such period during which the Vessel is actually laid up in the
approved port or lay-up area
22.2.3 loading or discharging operations or the presence
of cargo on board shall not debar returns but no return shall
be allowed for any period during which the Vessel is being used
for the storage of cargo or for lightering
purposes
22.2.4 in the event of
any amendment of the annual rate, the above rates of return shall be adjusted
accordingly
22.2.5 in the event of
any return recoverable under this Clause 22 being based on 30 consecutive days
which fall on
successive insurances effected for the same Assured, this
insurance shall only be liable for an amount calculated at pro rata of the period rates 22.1.2(a)
and/or (b) above for the number of days which come within the period of this insurance and to which a
return is actually applicable. Such overlapping period shall run, at the option of the Assured, either from
the first day on which the Vessel is laid up or the first day of a period of 30
consecutive days as provided under 22.1.2(a) or (b), or 22.2.2 above.
The following clauses
shall be paramount and shall override anything contained in this insurance
inconsistent
therewith.
23 WAR EXCLUSION
In no case shall this insurance cover loss damage liability or
expense caused by
23.1 war civil war
revolution rebellion insurrection, or civil strife arising therefrom, or any
hostile act by or against a
belligerent power
23.2
capture seizure arrest restraint or detainment (barratry and piracy
excepted), and the consequences thereof or
any attempt
thereat
23.3 derelict mines
torpedoes bombs or other derelict weapons of war
23.4*7
24
STRIKES EXCLUSION
In no case shall this insurance cover loss damage liability or
expense caused by
24.1 strikers, locked-out
workmen, or persons taking part in labour disturbances, riots or civil
commotions
24.2 any terrorist or any
person acting from a political motive.
25 MALICIOUS ACTS
EXCLUSION
In no case shall this insurance cover loss damage liability or
expense arising from
25.1
the detonation of an explosive
25.2
any weapon of war
and caused by any person acting maliciously or from a political
motive.
26
NUCLEAR EXCLUSION
In no case shall this insurance cover loss damage
liability or expense arising from any weapon of war*8 employing atomic or nuclear fission and/or fusion or other like reaction or
radioactive force or matter.
*1 bursting of boilers breakage
of shafts or any latent defect in the machinery or hull except any accident to
painting
only(including such
accident arising from the cause mentioned in 6.2.4.below)
*2 four-fourths
*3 which the Assured become
legally liable to pay to any other person or persons
*4 of the Company
*5 for the cost of repairs arising from perils enumerated in Clause
6.1.6, 6.2.1, 6.2.2, 6.2.3, 6.2.4, 6.2.5 and heavy weather and perils
enumerated in the Institute Additional Perils Clauses-Hulls 1/10/83 Amended
(4/93)
*6 of the Vessel, with the
consent of the Company, immediately after her stranding, grounding, collision
or contact with
27
any external object other than water
*7 23.4 violent theft by persons from outside the
Vessel or piracy.
*8 war (including nuclear reactor
installed in war vessel)
1/10/83
INSTITUTE
TIME CLAUSES－HULLS
TOTAL LOSS ONLY
(INCLUDING
SALVAGE, SALVAGE CHARGES AND SUE AND LABOUR)
AMENDED FOR JAPANESE CLAUSES
CLASS NO.2 (4/90)
This insurance is subject to English law and practice
1 NAVIGATION
1.1 The Vessel is covered subject to the provisions of this insurance at
all times and has leave to sail or navigate with
or
without pilots, to go on trial trips and to assist and tow vessels or craft in
distress, but it is warranted that the
Vessel shall not be towed, except as is customary or to the first
safe port or place when in need of assistance, or
undertake towage or salvage services under a
contract previously arranged by the Assured and/or Owners and/or
Managers and/or Charterers. This Clause 1.1
shall not exclude customary towage in connection with loading and
discharging.
1.2 In the event of the
Vessel being employed in trading operations which entail cargo loading or
discharging at sea
from or into another vessel (not being a harbour or
inshore craft) no claim shall be recoverable under this insurance for loss of or damage to the Vessel
from such loading or discharging operations, including whilst approaching, lying alongside and leaving,
unless previous notice that the Vessel is to be employed in such operations has been given to the Underwriters
and any amended terms of cover and any additional premium required by them have been agreed.
1.3 In the event of the Vessel sailing (with or
without cargo) with an intention of being (a) broken up, or (b) sold for
breaking
up, any claim for loss of or damage to the Vessel occurring subsequent to such
sailing shall be limited to the market value
of the Vessel as scrap at the time when the loss or damage is sustained, unless
previous notice has been given to the
Underwriters and any amendments to the terms of cover, insured value and
premium required by them have been agreed. Nothing in this Clause 1.3
shall affect claims under Clause 9.
2 CONTINUATION
Should the Vessel at the expiration of this insurance be
at sea or in distress or at a port of refuge or of call, she shall,
provided previous notice be given to the
Underwriters, be held covered at a pro rata monthly premium to her port of
destination.
3 BREACH OF
WARRANTY
Held
covered in case of any breach of warranty as to cargo, trade, locality, towage,
salvage services or date of sailing, provided notice be given to the
Underwriters immediately after receipt of advices and any amended terms of
cover and any additional premium required by them be agreed.
4 TERMINATION
This Clause 4 shall prevail notwithstanding any
provision whether written typed or printed in this insurance inconsistent
therewith.
Unless the Underwriters agree to the contrary in writing, this
insurance shall terminate automatically at the time of
4.1 change of the
Classification Society of the Vessel, or change, suspension, discontinuance,
withdrawal or expiry
of her Class therein, provided that if the Vessel is at
sea such automatic termination shall be deferred until arrival
at her next port. However where such change,
suspension, discontinuance or withdrawal of her Class has resulted
from loss or damage which would be covered
by an insurance of the Vessel subject to current Institute Time
28
Clauses Hulls or Institute War and Strikes Clauses
Hulls-Time such automatic termination shall only operate should the Vessel sail from her next port without the prior
approval of the Classification Society.
4.2 any change, voluntary or otherwise, in the
ownership or flag, transfer to new management, or charter on a
bareboat basis, or requisition for title or use of the
Vessel, provided that, if the Vessel has cargo on board and has already sailed from her loading port or is at
sea in ballast, such automatic termination shall if required be deferred, whilst the Vessel continues her planned voyage, until
arrival at final port of discharge if with cargo or at port of destination if in ballast. However, in the event of
requisition for title or use without the prior execution of a written
agreement by the Assured, such automatic termination shall occur fifteen days
after such requisition whether the Vessel is at sea or in port.
A pro rata daily net return of premium shall be made.
5 ASSIGNMENT
No assignment of or interest in this insurance or in any
moneys which may be or become payable thereunder is to be binding on or recognised by the Underwriters
unless a dated notice of such assignment or interest signed by the Assured, and by the assignor in the case of subsequent
assignment, is endorsed on the Policy and the Policy with such endorsement is produced before payment of any claim or return of
premium thereunder.
6 PERILS
6.1 This
insurance covers total loss (actual or constructive) of the subject-matter
insured caused by
6.1.1 perils
of the seas rivers lakes or other navigable waters
6.1.2 fire,
explosion
6.1.3 violent
theft by persons from outside the Vessel
6.1.4 jettison
6.1.5 piracy
6.1.6 breakdown
of or accident to nuclear installations or reactors
6.1.7 contact
with aircraft or similar objects, or objects falling therefrom, land
conveyance, dock or harbour
equipment or installation
6.1.8 earthquake
volcanic eruption or lightning.
6.2 This
insurance covers total loss (actual or constructive) of the subject-matter
insured caused by
6.2.1 accidents
in loading discharging or shifting cargo or fuel
6.2.2 bursting
of boilers breakage of shafts or any latent defect in the machinery or hull
6.2.3 negligence
of Master Officers Crew or Pilots
6.2.4 negligence
of repairers or charterers provided such repairers or charterers are not an
Assured hereunder
6.2.5 barratry
of Master Officers or Crew.
provided such loss or damage has not resulted from want of
due diligence by the Assured, Owners or
Managers.
6.3 Master Officers Crew or Pilots not to be considered
Owners within the meaning of this Clause 6 should they
hold shares in the Vessel.
7 POLLUTION HAZARD
This insurance covers total loss (actual or constructive)
of the Vessel caused by any governmental authority acting
under the powers vested in it to prevent or
mitigate a pollution hazard, or threat thereof, resulting directly from damage
to the Vessel caused by a peril covered by this insurance,
provided such act of governmental authority has not resulted
from want of due diligence by the Assured,
the Owners, or Managers of the Vessel or any of them to prevent or mitigate
such hazard or threat. Master, Officers,
Crew or Pilots not to be considered Owners within the meaning of this Clause
7 should they hold shares in the Vessel.
8 NOTICE
OF CLAIM
8.1 In the event of accident whereby loss or damage may result in a claim
under this insurance, notice shall be given
to the Underwriters prior to survey and also,
if the Vessel is abroad, to the nearest Lloyd’s Agent*1 so
that a
29
surveyor may be appointed to represent the Underwriters should
they so desire.
9 SALVAGE
9.1 This insurance
covers the Vessel’s proportion of salvage and salvage charges, reduced in
respect of any under-
insurance.
9.2 No claim under this Clause 9 shall in any case be
allowed where the loss was not incurred to avoid or in
connection with the avoidance of a peril insured against.
10
SISTERSHIP
Should
the Vessel hereby insured receive salvage services from another vessel
belonging wholly or in part to the same Owners
or under the same management, the Assured shall have the same rights under this
insurance as they would have were the other vessel entirely the property
of Owners not interested in the Vessel hereby insured; but in such cases the amount payable for the services rendered shall be
referred to a sole arbitrator to be agreed upon between the Underwriters
and the Assured.
11 DUTY OF ASSURED
(SUE AND LABOUR)
11.1 In case
of any loss or misfortune it is the duty of the Assured and their servants and
agents to take such measures
as may be reasonable for the purpose of averting or
minimising a loss which would be recoverable under this
insurance.
11.2 Subject to the provisions below the
Underwriters will contribute to charges properly and reasonably incurred by
the
Assured their servants or agents for such measures. General average, salvage
charges and collision defence or attack costs are not recoverable under this
Clause 11.
11.3 Measures
taken by the Assured or the Underwriters with the object of saving, protecting
or recovering the
subject-matter
insured shall not be considered as a waiver or acceptance of abandonment or
otherwise prejudice the rights of either party.
11.4 When
expenses are incurred pursuant to this Clause 11 the liability under this
insurance shall not exceed the
proportion
of such expenses that the amount insured hereunder bears to the value of the
Vessel as stated herein,
or to the sound value of the Vessel at the time of the occurrence
giving rise to the expenditure if the sound value
exceeds that value. Where the Underwriters have admitted a claim
for total loss and property insured by this
insurance is saved, the foregoing provisions
shall not apply unless the expenses of suing and labouring exceed
the value of such property saved and then
shall apply only to the amount of the expenses which is in excess of
such value.
11.5 When a
claim for total loss of the Vessel is admitted under this insurance and
expenses have been reasonably
incurred in saving or attempting to save the Vessel and
other property and there are no proceeds, or the expenses
exceed the proceeds, then this insurance
shall bear its pro rata share of such proportion of the expenses, or of the
expenses in excess of the proceeds, as the case may be, as may
reasonably be regarded as having been incurred
in respect of the Vessel; but if the
Vessel be-insured for less than its sound value at the time of the occurrence
giving rise to the expenditure, the amount
recoverable under this clause shall be reduced in proportion to the
under insurance.
11.6 The sum
recoverable under this Clause 11 shall be in addition to the loss otherwise
recoverable under this
insurance but shall in no circumstances exceed the amount insured
under this insurance in respect of the Vessel.
12 CONSTRUCTIVE TOTAL
LOSS
12.1
In ascertaining whether the Vessel is a constructive total loss, the
insured value shall be taken as the repaired
value and nothing in respect of the damaged or
break-up value of the Vessel or wreck shall be taken into account.
12.2 No claim for
constructive total loss based upon the cost of recovery and/or repair of the
Vessel shall be
recoverable
hereunder unless such cost would exceed the insured value. In making this
determination, only the
cost
relating to a single accident or sequence of damages arising from the same
accident shall be taken into
account.
30
13 FREIGHT WAIVER
In the event of total or constructive total loss no claim
to be made by the Underwriters for freight whether notice of abandonment has been given or not.
14 DISBURSEMENTS
WARRANTY
14.1
Additional insurances as follows are permitted:
14.1.1 Disbursements, Managers’
Commissions, Profits or Excess or Increased Value of Hull and Machinery. A sum
not exceeding 25% of the value stated herein.
14.1.2 Freight, Chartered Freight or Anticipated Freight, insured for time. A sum not exceeding 25% of the value
as stated herein less any sum insured, however described, under
14.1.1.
14.1.3 Freight or Hire, under contracts for
voyage. A sum not exceeding
the gross freight or hire for the current
cargo passage and next succeeding cargo passage (such
insurance to include, if required, a preliminary and an intermediate ballast passage) plus the
charges of insurance. In the case of a voyage charter where payment is made on a time basis, the sum permitted for insurance shall be
calculated on the estimated duration of the voyage,
subject to the limitation of two cargo passages as laid down herein. Any sum
insured under 14.1.2 to be taken into account and only the excess thereof may
be insured, which excess shall be reduced as the freight or hire is advanced or
earned by the gross amount so advanced or earned.
14.1.4 Anticipated Freight if the Vessel sails in ballast and not under
Charter. A sum not exceeding the anticipated
gross freight on next cargo passage, such sum to be
reasonably estimated on the basis of the current rate of freight at time of insurance plus the charges
of insurance. Any sum insured under 14.1.2 to be taken into account and only the excess thereof may be insured.
14.1.5 Time Charter Hire or Charter Hire for Series of Voyages. A sum not exceeding 50% of the gross hire which
is to be earned under the charter in a period not
exceeding 18 months. Any sum insured under 14.1.2 to be
taken into account and only the excess
thereof may be insured, which excess shall be reduced as the hire is
advanced or earned under the charter by 50%
of the gross amount so advanced or earned but the sum insured
need not be reduced while the total of the sums insured under
14.1.2 and 14.1.5 does not exceed 50% of the
gross hire still to be earned under the
charter. An insurance under this Section may begin on the signing of
the charter.
14.1.6 Premiums. A sum not exceeding the actual premiums of
all interests insured for a period not exceeding 12
months
(excluding premiums insured under the foregoing sections but including, if
required, the premium or estimated calls on any Club or War etc. Risk
insurance) reducing pro rata monthly.
14.1.7 Returns of Premium. A sum not exceeding the actual returns which
are allowable under any insurance but
which would not be recoverable thereunder in the event
of a total loss of the Vessel whether by insured perils or otherwise.
14.1.8 Insurance irrespective of amount against:
Any risks excluded by Clauses 16, 17, 18 and 19 below.
14.2
Warranted that no insurance on any interests enumerated in the foregoing
14.1.1 to 14.1.7 in excess of the
amounts
permitted therein and no other insurance which includes total loss of the
Vessel P.P.I.,F.I.A., or subject
to any
other like term, is or shall be effected to operate during the currency of this
insurance by or for account
of the Assured, Owners, Managers or
Mortgagees. Provided always that a breach of this warranty shall not afford
the Underwriters any defence to a claim by a Mortgagee who has
accepted this insurance without knowledge of
such breach.
15
RETURNS FOR LAY-UP AND CANCELLATION
15.1
To return as follows:
15.1.1 Pro rata monthly
net for each uncommenced month if this insurance be cancelled by agreement.
15.1.2 For each period
of 30 consecutive days the Vessel may be laid up in a port or in a lay-up area
provided such
port or lay-up area is approved by the Underwriters (with special
liberties as hereinafter allowed)
(a) per
cent net not under repair
(b) per
cent net under repair.
31
If the Vessel is under repair during part only of a
period for which a return is claimable, the return shall be calculated pro rata to the number of days under (a) and (b) respectively.
15.2
PROVIDED ALWAYS THAT
15.2.1 a total loss of
the Vessel, whether by insured perils or otherwise, has not occurred during the
period covered
by this insurance or any extension thereof
15.2.2 in no case shall a return be allowed when the
Vessel is lying in exposed or unprotected waters, or in a port or
lay-up
area not approved by the Underwriters but, provided the Underwriters agree that
such non-approved lay-up area is deemed to be
within the vicinity of the approved port or lay-up area, days during which the Vessel
is laid up in such non-approved lay-up area may be added to days in the
approved port or lay-up area to calculate a
period of 30 consecutive days and a return shall be allowed for the proportion
of such period during which the Vessel is actually laid up in the
approved port or lay-up area
15.2.3 loading or discharging operations or the presence
of cargo on board shall not debar returns but no return shall
be allowed for any period during which the Vessel is being used
for the storage of cargo or for lightering
purposes
15.2.4 in the event of
any amendment of the annual rate, the above rates of return shall be adjusted
accordingly
15.2.5 in the event of
any return recoverable under this Clause 15 being based on 30 consecutive days
which fall on
successive insurances effected for the same Assured, this
insurance shall only be liable for an amount calculated at pro rata of the period rates 15.1.2 (a)
and/or (b) above for the number of days which come within the period of this insurance and to which a
return is actually applicable. Such overlapping period shall run, at the option of the Assured, either from
the first day on which the Vessel is laid up or the first day of a period of 30
consecutive days as provided under 15.1.2 (a) or (b),or 15.2.2 above.
The following clauses
shall be paramount and shall override anything contained in this insurance
inconsistent
therewith.
16 WAR EXCLUSION
In no case shall this insurance cover loss damage liability or
expense caused by
16.1 war civil war
revolution rebellion insurrection, or civil strife arising therefrom, or any
hostile act by or against a
belligerent power
16.2 capture
seizure arrest restraint or detainment (barratry and piracy excepted),
and the consequences thereof or
any attempt
thereat
16.3 derelict mines
torpedoes bombs or other derelict weapons of war.
17
STRIKES EXCLUSION*2
In no case shall this insurance cover loss damage liability or
expense caused by
17.1 strikers, locked-out
workmen, or persons taking part in labour disturbances, riots or civil
commotions
17.2 any terrorist or any
person acting from a political motive.
18 MALICIOUS ACTS
EXCLUSION
In no case shall this insurance cover loss damage liability or
expense arising from
18.1
the detonation of an explosive
18.2
any weapon of war
and caused by any person acting maliciously or from a political
motive.
19
NUCLEAR EXCLUSION
In no case shall this insurance cover loss damage
liability or expense arising from any weapon of war employing atomic or nuclear
fission and/or fusion or other like reaction or radioactive force or matter.
*1 of the Company
*2 violent theft by persons from
outside the Vessel or piracy
32
COLLISION LIABILITY CLAUSES (4/90)
1. Subject to the terms and
conditions of this insurance, the Company agrees to indemnify the Assured for
four-fourths of
any sum or sums which the Assured becomes legally liable
to pay to any other person or persons by way of damages
for
1.1 loss of or damage to
any other vessel or property on any other vessel
1.2 delay to or loss of
use of any such other vessel
1.3 general average of,
salvage of, or salvage under contract of, any such other vessel or property
thereon.
Where such payment by the Assured is in consequence of the
Vessel hereby insured coming into collision with any other
vessel.
2. The indemnity provided by these clauses shall be in addition to the
indemnity provided by the other terms and
conditions of this insurance and shall be subject to the following
provisions:
2.1 Where the insured Vessel is in collision with
another vessel and both vessels are to blame then, unless the liability
of one or both vessels becomes limited by law, the
indemnity under these clauses shall be calculated on the principle of cross-liabilities as if the
respective Owners had been compelled to pay to each other such proportion of each other’s damages as may have been properly allowed in
ascertaining the balance or sum payable by or to the Assured in consequence of
the collision.
2.2 In no case shall the Company’s total liability
under Clauses 1 and 2 exceed their proportionate part of four-
fourths of the insured value of the Vessel hereby insured in
respect of any one collision.
3. The Company will also pay four-fourths of the legal costs incurred by the
Assured or which the Assured may be
compelled to pay in contesting liability or taking
proceedings to limit liability, with the prior written consent of the
Company.
4. Should the Vessel hereby insured come into collision with another vessel
belonging wholly or in part to the same
Owners
or under the same management, the Assured shall have the same rights under
these clauses as they would have
were the other vessel entirely the property of Owners not
interested in the Vessel hereby insured; but in such cases the
liability for the collision shall be referred to a sole arbitrator
to be agreed upon between the Company and the Assured.
5. Provided always that
these clauses shall in no case extend to any sum which the Assured shall pay
for or in respect of
5.1 removal or disposal
of obstructions, wrecks, cargoes or any other thing whatsoever
5.2 any real or personal
property or thing whatsoever except other vessels or property on other vessels
5.3 the cargo or other
property on, or the engagements of, the insured Vessel
5.4 loss of life,
personal injury or illness
5.5 pollution or contamination of any real or
personal property or thing whatsoever (except other vessels with which
the insured Vessel is in collision or property on such other
vessels).
1/10/83
INSTITUTE TIME CLAUSES-HULLS
DISBURSEMENTS AND INCREASED
VALUE
(TOTAL LOSS ONLY, INCLUDING
EXCESS LIABILITIES)
AMENDED FOR JAPANESE CLAUSES
CLASS NO.5 (4/90)
This insurance is subject to English law and practice
1 NAVIGATION
1.1 The subject-matter
insured is covered subject to the provisions of this insurance at all times and
the Vessel has
leave to sail or navigate with or without pilots, to go
on trial trips and to assist and tow vessels or craft in distress,
but it is warranted that the Vessel shall
not be towed, except as is customary or to the first safe port or place when
33
in need of
assistance, or undertake towage or salvage services under a contract previously
arranged by the Assured and/or
Owners and/or Managers and/or Charterers. This Clause 1.1 shall not exclude
customary towage in connection with loading and discharging.
1.2 In the event of the
Vessel being employed in trading operations which entail cargo loading or
discharging at sea
from or into another vessel (not being a harbour or
inshore craft) no claim shall be recoverable under this
insurance in respect of loss of or damage to the subject-matter
insured or for liability to any other vessel arising
from such loading or discharging operations, including whilst
approaching, lying alongside and leaving, unless
previous notice that the
Vessel is to be employed in such operations has been given to the Underwriters
and any amended terms of cover and any additional premium required by them have
been agreed.
1.3 In the event of the Vessel sailing (with or
without cargo) with an intention of being (a) broken up, or (b) sold for
breaking up, no claim shall be recoverable under this
insurance in respect of loss or damage to the Vessel occurring subsequent to such sailing unless
previous notice has been given to the Underwriters and any amendments to the terms of cover, amount insured and premium
required by them have been agreed.
2 CONTINUATION
Should
the Vessel at the expiration of this insurance be at sea or in distress or at a
port of refuge or of call, the subject-
matter insured shall, provided previous notice
be given to the Underwriters, be held covered at a pro rata monthly premium to her port of destination.
3 BREACH OF
WARRANTY
Held
covered in case of any breach of warranty as to cargo, locality, trade, towage,
salvage services or date of sailing, provided notice be given to the
Underwriters immediately after receipt of advices and any amended terms of
cover and any additional premium required by them be agreed.
4 TERMINATION
This Clause 4 shall
prevail notwithstanding any provision whether written typed or printed in this
insurance inconsistent
therewith.
Unless the Underwriters agree to the contrary in writing, this
insurance shall terminate automatically at the time of
4.1 change of the
Classification Society of the Vessel, or change, suspension, discontinuance,
withdrawal or expiry
of her Class therein, provided that if the Vessel is at
sea such automatic termination shall be deferred until arrival
at her next port. However where such change,
suspension, discontinuance or withdrawal of her Class has resulted
from loss or damage which would be covered
by an insurance of the Vessel subject to current Institute Time
Clauses
Hulls or Institute War and Strikes Clauses Hulls-Time such automatic
termination shall only operate should the Vessel sail
from her next port without the prior approval of the Classification Society,
4.2 any change, voluntary or otherwise, in the
ownership or flag, transfer to new management, or charter on a
bareboat basis, or requisition for title or use of the
Vessel, provided that, if the Vessel has cargo on board and has already sailed from her loading port or is at
sea in ballast, such automatic termination shall if required be deferred, whilst the Vessel continues her planned voyage, until
arrival at final port of discharge if with cargo or at port of destination if in ballast. However, in the event of
requisition for title or use without the prior execution of a written
agreement by the Assured, such automatic termination shall occur fifteen days
after such requisition whether the Vessel is at sea or in port.
A pro rata daily net return of premium shall be made.
5 ASSIGNMENT
No assignment of or interest in this insurance or in any
moneys which may be or become payable thereunder is to be binding on or recognised by the Underwriters
unless a dated notice of such assignment or interest signed by the Assured, and by the assignor in the case of subsequent
assignment, is endorsed on the Policy and the Policy with such endorsement is produced before payment of any claim or return of
premium thereunder.
34
6 PERILS
6.1 This
insurance covers total loss (actual or constructive) of the subject-matter
insured caused by
6.1.1 perils
of the seas rivers lakes or other navigable waters
6.1.2 fire,
explosion
6.1.3 violent
theft by persons from outside the Vessel
6.1.4 jettison
6.1.5 piracy
6.1.6 breakdown
of or accident to nuclear installations or reactors
6.1.7 contact
with aircraft or similar objects, or objects falling therefrom, land
conveyance, dock or harbour
equipment or installation
6.1.8 earthquake
volcanic eruption or lightning.
6.2 This
insurance covers total loss (actual or constructive) of the subject-matter
insured caused by
6.2.1 accidents
in loading discharging or shifting cargo or fuel
6.2.2 bursting
of boilers breakage of shafts or any latent defect in the machinery or hull
6.2.3 negligence
of Master Officers Crew or Pilots
6.2.4 negligence
of repairers or charterers provided such repairers or charterers are not an
Assured hereunder
6.2.5 barratry
of Master Officers or Crew,
provided such loss or damage has not resulted from want of due
diligence by the Assured, Owners or Managers.
6.3 Master Officers Crew or
Pilots not to be considered Owners within the meaning of this Clause 6 should
they
hold shares in the Vessel.
6.4 This insurance covers:
6.4.1 General Average, Salvage and Salvage Charges not recoverable in full under the insurances
on hull and
machinery by reason of the difference between the insured
value of the Vessel as stated therein (or any
reduced value arising from the deduction
therefrom in process of adjustment of any claim which law or
practice or the terms of the insurances covering hull and
machinery may have required) and the value of the
Vessel adopted for the purpose of contribution to general
average, salvage or salvage charges, the liability
under this insurance being for such
proportion of the amount not recoverable as the amount insured hereunder
bears to the said difference or to the total
sum insured against excess liabilities if it exceed such difference.
6.4.2 Sue
and Labour Charges not
recoverable in full under the insurances on hull and machinery by reason of
the difference between the insured value of the Vessel as
stated therein and the value of the Vessel adopted
for the purpose of ascertaining the amount
recoverable under the insurances on hull and machinery, the
liability under this insurance being for such proportion of the
amount not recoverable as the amount insured
hereunder bears to the said difference or to
the total sum insured against excess liabilities if it exceed such
difference.
6.4.3 Collision
Liability (three-fourths*1)
not recoverable in full under the Institute 3/ 4ths*1
Collision Liability
and Sistership Clauses in the insurances on hull and
machinery by reason of such three-fourths*1 liability exceeding three-fourths*1 of
the insured value of the Vessel as stated therein, in which case the amount recoverable under this insurance shall be
such proportion of the difference so arising as the amount insured hereunder bears to the total sum insured against excess
liabilities.
6.5 The Underwriters’
liability under 6.4.1, 6.4.2 and 6.4.3 separately, in respect of any one claim,
shall not exceed
the amount insured hereunder.
7 POLLUTION HAZARD
This insurance covers total loss (actual or constructive)
of the Vessel caused by any governmental authority acting
under the powers vested in it to prevent or
mitigate a pollution hazard, or threat thereof, resulting directly from damage
to the Vessel caused by a peril covered by this insurance,
provided such act of governmental authority has not resulted
from want of due diligence by the Assured,
the Owners, or Managers of the Vessel or any of them to prevent or mitigate
such hazard or threat. Master, Officers,
Crew or Pilots not to be considered Owners within the meaning of this Clause
35
7 should they hold shares in the Vessel.
8 NOTICE OF CLAIM
In the
event of accident whereby loss or damage may result in a claim under this
insurance, notice shall be given to the Underwriters prior to survey and also,
if the Vessel is abroad, to the nearest Lloyd’s Agent*2 so
that a surveyor may be appointed to represent the Underwriters should they so
desire.
9 CONSTRUCTIVE
TOTAL LOSS
9.1 In ascertaining whether the Vessel is a constructive total loss, the
insured value in the insurances on hull and
machinery shall be taken as the repaired value and
nothing in respect of the damaged or break-up value of the Vessel or wreck shall be taken into account.
9.2 No claim for constructive total loss based upon the
cost of recovery and/or repair of the Vessel shall be
recoverable hereunder unless such cost would exceed the
insured value in the insurances on hull and machinery. In
making this determination, only the cost relating to a single accident or
sequence of damages arising from the same
accident shall be taken into account.
9.3 Provided that the
Constructive Total Loss Clause in the current Institute Time Clauses Hulls or a
clause having
a similar effect is contained in the insurances on hull
and machinery, the settlement of a claim for constructive total loss thereunder shall be accepted as proof of the
constructive total loss of the Vessel.
9.4 Should the Vessel be a constructive total loss but
the claim on the insurances on hull and machinery be settled
as a claim for partial loss, no payment shall be due under this
Clause 9.
10 COMPROMISED TOTAL
LOSS
In the
event of a claim for total loss or constructive total loss being settled on the
insurances on hull and machinery as a compromised total loss the amount payable
hereunder shall be the same percentage of the amount insured as is paid on the
said insurances.
11
RETURNS FOR LAY-UP AND CANCELLATION
11.1
To return as follows:
11.1.1 Pro rata monthly
net for each uncommenced month if this insurance be cancelled by agreement.
11.1.2 For each period
of 30 consecutive days the Vessel may be laid up in a port or in a lay-up area
provided such
port or lay-up area is approved by the Underwriters (with special
liberties as hereinafter allowed)
(a) (as arranged) per cent net not under repair
(b) (as arranged) per cent net under repair.
If the
Vessel is under repair during part only of a period for which a return is
claimable, the return shall be calculated pro rata to the number of days under
(a) and (b) respectively.
11.2
PROVIDED ALWAYS THAT
11.2.1 a total loss of the Vessel, whether by
insured perils or otherwise, has not occurred during the period covered
by this insurance or any extension thereof
11.2.2 in no
case shall a return be allowed when the Vessel is lying in exposed or
unprotected waters, or in a port or
lay-up
area not approved by the Underwriters but, provided the Underwriters agree that
such non-approved lay-up area is deemed to be
within the vicinity of the approved port or lay-up area, days during which the Vessel
is laid up in such non-approved lay-up area may be added to days in the
approved port or lay-up area to calculate a
period of 30 consecutive days and a return shall be allowed for the proportion
of such period during which the Vessel is actually laid up in the
approved port or lay-up area
11.2.3 loading or discharging operations or the presence
of cargo on board shall not debar returns but no return shall
be allowed for any period during which the Vessel is being used
for the storage of cargo or for lightering
purposes
11.2.4 in the event of
any amendment of the annual rate, the above rates of return shall be adjusted
accordingly
11.2.5 in the event of
any return recoverable under this Clause 11 being based on 30 consecutive days
which fall on
36
successive
insurances effected for the same Assured, this insurance shall only be liable
for an amount calculated
at pro rata of the period rates 11.1.2 (a) and/or (b) above for the number of
days which come within the
period of this insurance and to which a return is actually applicable. Such
overlapping period shall run, at
the option of the Assured, either from the first day on which the Vessel is
laid up or the first day of a period of 30 consecutive days as provided under
11.1.2 (a) or (b), or 11.2.2 above.
The following clauses
shall be paramount and shall override anything contained in this insurance
inconsistent
therewith.
12 WAR EXCLUSION
In no case shall this insurance cover loss damage liability or
expense caused by
12.1 war civil war
revolution rebellion insurrection, or civil strife arising therefrom, or any
hostile act by or against a
belligerent power
12.2 capture
seizure arrest restraint or detainment (barratry and piracy excepted),
and the consequences thereof or
any attempt
thereat
12.3 derelict mines
torpedoes bombs or other derelict weapons of war.
12.4*3
13
STRIKES EXCLUSION
In no case shall this insurance cover loss damage liability or
expense caused by
13.1 strikers, locked-out
workmen, or persons taking part in labour disturbances, riots or civil
commotions
13.2 any terrorist or any
person acting from a political motive.
14 MALICIOUS ACTS
EXCLUSION
In no case shall this insurance cover loss damage liability or
expense arising from
14.1
the detonation of an explosive
14.2
any weapon of war
and caused by any person acting maliciously or from a political
motive.
15
NUCLEAR EXCLUSION
In no case shall this insurance cover loss damage
liability or expense arising from any weapon of war employing atomic or nuclear
fission and/or fusion or other like reaction or radioactive force or matter.
*1 four-fourths
*2 of the Company
*3 12.4 violent theft
by persons from outside the Vessel or piracy
1/10/83
INSTITUTE TIME CLAUSES-HULLS
DISBURSEMENTS AND INCREASED
VALUE
(TOTAL LOSS ONLY, INCLUDING
EXCESS LIABILITIES)
AMENDED FOR JAPANESE CLAUSES
CLASS NO.6 (4/90)
This insurance is subject to English law and practice
1 NAVIGATION
1.1 The subject-matter
insured is covered subject to the provisions of this insurance at all times and
the Vessel has
leave to sail or navigate with or without pilots, to go
on trial trips and to assist and tow vessels or craft in distress,
but it is warranted that the Vessel shall
not be towed, except as is customary or to the first safe port or place when
37
in need of
assistance, or undertake towage or salvage services under a contract previously
arranged by the Assured and/or
Owners and/or Managers and/or Charterers. This Clause 1.1 shall not exclude
customary towage in connection with loading and discharging.
1.2 In the event of the
Vessel being employed in trading operations which entail cargo loading or
discharging at sea
from or into another vessel (not being a harbour or
inshore craft) no claim shall be recoverable under this
insurance in respect of loss of or damage to the subject-matter
insured or for liability to any other vessel arising
from such loading or discharging operations, including whilst
approaching, lying alongside and leaving, unless
previous notice that the
Vessel is to be employed in such operations has been given to the Underwriters
and any amended terms of cover and any additional premium required by them have
been agreed.
1.3 In the event of the Vessel sailing (with or
without cargo) with an intention of being (a) broken up, or (b) sold for
breaking up, no claim shall be recoverable under this
insurance in respect of loss or damage to the Vessel occurring subsequent to such sailing unless
previous notice has been given to the Underwriters and any amendments to the terms of cover, amount insured and premium
required by them have been agreed.
2 CONTINUATION
Should
the Vessel at the expiration of this insurance be at sea or in distress or at a
port of refuge or of call, the subject-
matter insured shall, provided previous notice
be given to the Underwriters, be held covered at a pro rata monthly premium to her port of destination.
3 BREACH OF
WARRANTY
Held
covered in case of any breach of warranty as to cargo, locality, trade, towage,
salvage services or date of sailing, provided notice be given to the
Underwriters immediately after receipt of advices and any amended terms of
cover and any additional premium required by them be agreed.
4 TERMINATION
This Clause 4 shall
prevail notwithstanding any provision whether written typed or printed in this
insurance inconsistent
therewith.
Unless the Underwriters agree to the contrary in writing, this
insurance shall terminate automatically at the time of
4.1 change of the
Classification Society of the Vessel, or change, suspension, discontinuance,
withdrawal or expiry
of her Class therein, provided that if the Vessel is at
sea such automatic termination shall be deferred until arrival
at her next port. However where such change,
suspension, discontinuance or withdrawal of her Class has resulted
from loss or damage which would be covered
by an insurance of the Vessel subject to current Institute Time
Clauses
Hulls or Institute War and Strikes Clauses Hulls-Time such automatic
termination shall only operate should the Vessel sail
from her next port without the prior approval of the Classification Society,
4.2 any change, voluntary or otherwise, in the
ownership or flag, transfer to new management, or charter on a
bareboat basis, or requisition for title or use of the
Vessel, provided that, if the Vessel has cargo on board and has already sailed from her loading port or is at
sea in ballast, such automatic termination shall if required be deferred, whilst the Vessel continues her planned voyage, until
arrival at final port of discharge if with cargo or at port of destination if in ballast. However, in the event of
requisition for title or use without the prior execution of a written
agreement by the Assured, such automatic termination shall occur fifteen days
after such requisition whether the Vessel is at sea or in port.
A pro rata daily net return of premium shall be made.
5 ASSIGNMENT
No assignment of or interest in this insurance or in any
moneys which may be or become payable thereunder is to be binding on or recognised by the Underwriters
unless a dated notice of such assignment or interest signed by the Assured, and by the assignor in the case of subsequent
assignment, is endorsed on the Policy and the Policy with such endorsement is produced before payment of any claim or return of
premium thereunder.
38
6 PERILS
6.1 This
insurance covers total loss (actual or constructive) of the subject-matter
insured caused by
6.1.1 perils
of the seas rivers lakes or other navigable waters
6.1.2 fire,
explosion
6.1.3 violent
theft by persons from outside the Vessel
6.1.4 jettison
6.1.5 piracy
6.1.6 breakdown
of or accident to nuclear installations or reactors
6.1.7 contact
with aircraft or similar objects, or objects falling therefrom, land
conveyance, dock or harbour
equipment or installation
6.1.8 earthquake
volcanic eruption or lightning.
6.2 This
insurance covers total loss (actual or constructive) of the subject-matter
insured caused by
6.2.1 accidents
in loading discharging or shifting cargo or fuel
6.2.2 bursting
of boilers breakage of shafts or any latent defect in the machinery or hull
6.2.3 negligence
of Master Officers Crew or Pilots
6.2.4 negligence
of repairers or charterers provided such repairers or charterers are not an
Assured hereunder
6.2.5 barratry
of Master Officers or Crew,
provided such loss or damage has not resulted from want of due
diligence by the Assured, Owners or Managers.
6.3 Master Officers Crew or
Pilots not to be considered Owners within the meaning of this Clause 6 should
they
hold shares in the Vessel.
6.4 This insurance covers:
6.4.1 General Average, Salvage and Salvage Charges not recoverable in full under the insurances
on hull and
machinery by reason of the difference between the insured
value of the Vessel as stated therein (or any
reduced value arising from the deduction
therefrom in process of adjustment of any claim which law or
practice or the terms of the insurances covering hull and
machinery may have required) and the value of the
Vessel adopted for the purpose of contribution to general
average, salvage or salvage charges, the liability
under this insurance being for such
proportion of the amount not recoverable as the amount insured hereunder
bears to the said difference or to the total
sum insured against excess liabilities if it exceed such difference.
6.4.2 Sue
and Labour Charges not
recoverable in full under the insurances on hull and machinery by reason of
the difference between the insured value of the Vessel as
stated therein and the value of the Vessel adopted
for the purpose of ascertaining the amount
recoverable under the insurances on hull and machinery, the
liability under this insurance being for such proportion of the
amount not recoverable as the amount insured
hereunder bears to the said difference or to
the total sum insured against excess liabilities if it exceed such
difference.
6.4.3 Collision
Liability (three-fourths*1)
not recoverable in full under the Institute 3/ 4ths*1
Collision Liability
and Sistership Clauses in the insurances on hull and
machinery by reason of such three-fourths*1 liability exceeding three-fourths*1 of
the insured value of the Vessel as stated therein, in which case the amount recoverable under this insurance shall be
such proportion of the difference so arising as the amount insured hereunder bears to the total sum insured against excess
liabilities.
6.5 The Underwriters’
liability under 6.4.1, 6.4.2 and 6.4.3 separately, in respect of any one claim,
shall not exceed
the amount insured hereunder.
7 POLLUTION HAZARD
This insurance covers total loss (actual or constructive)
of the Vessel caused by any governmental authority acting
under the powers vested in it to prevent or
mitigate a pollution hazard, or threat thereof, resulting directly from damage
to the Vessel caused by a peril covered by this insurance,
provided such act of governmental authority has not resulted
from want of due diligence by the Assured,
the Owners, or Managers of the Vessel or any of them to prevent or mitigate
such hazard or threat. Master, Officers,
Crew or Pilots not to be considered Owners within the meaning of this Clause
7 should they hold shares in the Vessel.
39
8 NOTICE OF CLAIM
In the
event of accident whereby loss or damage may result in a claim under this
insurance, notice shall be given to the Underwriters prior to survey and also,
if the Vessel is abroad, to the nearest Lloyd’s Agent*2 so
that a surveyor may be appointed to represent the Underwriters should they so
desire.
9 CONSTRUCTIVE
TOTAL LOSS
9.1 In ascertaining whether the Vessel is a constructive total loss, the
insured value in the insurances on hull and
machinery shall be taken as the repaired value and
nothing in respect of the damaged or break-up value of the Vessel or wreck shall be taken into account.
9.2 No claim for constructive total loss based upon the
cost of recovery and/or repair of the Vessel shall be
recoverable hereunder unless such cost would exceed the
insured value in the insurances on hull and machinery. In
making this determination, only the cost relating to a single accident or
sequence of damages arising from the same
accident shall be taken into account.
9.3 Provided that the
Constructive Total Loss Clause in the current Institute Time Clauses Hulls or a
clause having
a similar effect is contained in the insurances on hull
and machinery, the settlement of a claim for constructive total loss thereunder shall be accepted as proof of the
constructive total loss of the Vessel.
9.4 Should the Vessel be a constructive total loss but
the claim on the insurances on hull and machinery be settled
as a claim for partial loss, no payment shall be due under this
Clause 9.
10 COMPROMISED TOTAL
LOSS
In the
event of a claim for total loss or constructive total loss being settled on the
insurances on hull and machinery as a compromised total loss the amount payable
hereunder shall be the same percentage of the amount insured as is paid on the
said insurances.
11
RETURNS FOR LAY-UP AND CANCELLATION
11.1
To return as follows:
11.1.1 Pro rata monthly
net for each uncommenced month if this insurance be cancelled by agreement.
11.1.2 For each period
of 30 consecutive days the Vessel may be laid up in a port or in a lay-up area
provided such
port or lay-up area is approved by the Underwriters (with special
liberties as hereinafter allowed)
(a) (as arranged) per cent net not under repair
(b) (as arranged) per cent net under repair.
If the Vessel is under repair during part only of a
period for which a return is claimable, the return shall be calculated pro rata to the number of days under (a) and (b) respectively.
11.2
PROVIDED ALWAYS THAT
11.2.1 a total loss of the Vessel, whether by
insured perils or otherwise, has not occurred during the period covered
by this insurance or any extension thereof
11.2.2 in no
case shall a return be allowed when the Vessel is lying in exposed or
unprotected waters, or in a port or
lay-up
area not approved by the Underwriters but, provided the Underwriters agree that
such non-approved lay-up area is deemed to be
within the vicinity of the approved port or lay-up area, days during which the Vessel
is laid up in such non-approved lay-up area may be added to days in the
approved port or lay-up area to calculate a
period of 30 consecutive days and a return shall be allowed for the proportion
of such period during which the Vessel is actually laid up in the
approved port or lay-up area
11.2.3 loading or discharging operations or the presence
of cargo on board shall not debar returns but no return shall
be allowed for any period during which the Vessel is being used
for the storage of cargo or for lightering
purposes
11.2.4 in the event of
any amendment of the annual rate, the above rates of return shall be adjusted
accordingly
11.2.5 in the event of
any return recoverable under this Clause 11 being based on 30 consecutive days
which fall on
successive insurances effected for the same Assured, this
insurance shall only be liable for an amount
calculated at pro rata of the period rates
11.1.2 (a) and/or (b) above for the number of days which come within
the period of this insurance and to which a
return is actually applicable. Such overlapping period shall run,
40
at the option of the Assured, either from the first day
on which the Vessel is laid up or the first day of a period of 30 consecutive
days as provided under 11.1.2 (a) or (b), or 11.2.2 above.
The following clauses
shall be paramount and shall override anything contained in this insurance
inconsistent
therewith.
12 WAR EXCLUSION
In no case shall this insurance cover loss damage liability or
expense caused by
12.1 war civil war
revolution rebellion insurrection, or civil strife arising therefrom, or any
hostile act by or against a
belligerent power
12.2
capture seizure arrest restraint or detainment (barratry and piracy
excepted), and the consequences thereof or
any attempt
thereat
12.3 derelict mines
torpedoes bombs or other derelict weapons of war.
*3
12.4
13
STRIKES EXCLUSION
In no case shall this insurance cover loss damage liability or
expense caused by
13.1 strikers, locked-out
workmen, or persons taking part in labour disturbances, riots or civil
commotions
13.2 any terrorist or any
person acting from a political motive.
14 MALICIOUS ACTS
EXCLUSION
In no case shall this insurance cover loss damage liability or
expense arising from
14.1
the detonation of an explosive
14.2
any weapon of war
and caused by any person acting maliciously or from a political
motive.
15
NUCLEAR EXCLUSION
In no case shall this insurance cover loss damage
liability or expense arising from any weapon of war*4
employing atomic or nuclear fission and/or fusion or other like reaction or
radioactive force or matter.
*1 four-fourths
*2 of the Company
*3 12.4 violent theft
by persons from outside the Vessel or piracy
*4 war (including nuclear reactor
installed in war vessel)
INSTITUTE PROTECTION AND
INDEMNITY CLAUSES
HULLS-TIME AMENDED(1/06)
This insurance is subject to English law and practice
1.
PROTECTION AND INDEMNITY
1.1 The Underwriters
agree to indemnify the Assured for any sum or sums paid by the Assured to any
other person
or persons by reason of the Assured becoming legally
liable, as owner of the Vessel, for any claim, demand, damages and/or expenses, where such liability is in
consequence of any of the following matters or things and arises from an accident or occurrence during the period of this
insurance:
1.1.1 loss of or damage to any fixed or movable object
or property or other thing or interest whatsoever, other than
the
Vessel, arising from any cause whatsoever in so far as such loss or damage is
not covered by Clause 8 of the Institute Time Clauses Hulls 1/10/83 with 4/4ths
substituted for 3/4ths.
1.1.2 any attempted or actual raising, removal or
destruction of any fixed or movable object or property or other
41
thing, including the wreck of the Vessel, or any neglect or
failure to raise, remove or destroy the same
1.1.3 liability
assumed by the Assured under contracts*1 of customary towage for
the purpose of entering or leaving
port or manoeuvring within the port during
the ordinary course of trading
1.1.4 loss
of life, personal injury, illness or payments made for life salvage
1.1.5 liability
under Clause 1(a) of the current Lloyd’s Standard Form of Salvage Agreement in
respect of
unsuccessful, partially successful, or uncompleted
services if and to the extent that the salvor’s expenses plus the increment
exceed any amount otherwise recoverable under the Agreement.
*21.1.6
1.2 The Underwriters agree to indemnify the Assured
for any of the following arising from an accident or occurrence
during the period of this insurance:
1.2.1 the additional
cost of fuel, insurance, wages, stores, provisions and port charges reasonably
incurred solely
for the purpose of landing from the Vessel sick or injured persons
or stowaways, refugees, or persons saved
at sea
1.2.2 additional
expenses brought about by the outbreak of infectious disease on board the
Vessel or ashore
1.2.3 fines imposed on
the Vessel, on the Assured, or on any Master Officer crew member or agent of
the Vessel
who is
reimbursed by the Assured, for any act or neglect or breach of any statute or
regulation relating to the operation of the Vessel, provided that the
Underwriters shall not be liable to indemnify the Assured for any fines which result from any act neglect failure or
default of the Assured their agents or servants other than Master
Officer or crew member
1.2.4 the expenses of the removal of the wreck of the
Vessel*3 from any place owned, leased or occupied by the
Assured
1.2.5 legal costs
incurred by the Assured, or which the Assured may be compelled to pay, in
avoiding, minimising
or contesting liability with the prior written consent of the
Underwriters.
*41.2.6
*51.2.7
*61.2.8
EXCLUSIONS
1.3 Notwithstanding the
provisions of Clauses 1.1 and 1.2 this Clause 1 does not cover any liability
cost or expense
arising in respect of:
1.3.1 any direct or indirect payment by the Assured
under workmen’s compensation or employers’ liability acts
and any other statutory or common law, general maritime
law or other liability whatsoever in respect of accidents to or illness of workmen or any other persons
employed in any capacity whatsoever by the Assured or others in on or about or
in connection with the Vessel or her cargo materials or repairs
1.3.2 liability
assumed by the Assured under agreement expressed or implied in respect of death
or illness of or
injury to any persons employed under a contract of service or
apprenticeship by the other party to such
agreement
1.3.3 punitive or
exemplary damages, however described
1.3.4 cargo or other
property carried, to be carried or which has been carried on board the Vessel*7
but this Clause
1.3.4 shall not exclude any claim in respect
of*8 the extra cost of removing cargo from the wreck of the
Vessel
1.3.5 property, owned
by builders or repairers or for which they are responsible, which is on board
the Vessel
1.3.6 liability
arising under a contract or indemnity in respect of containers, equipment, fuel
or other property on
board the Vessel and which is owned or leased by the Assured
1.3.7 cash, negotiable instruments, precious metals or
stones, valuables or objects of a rare or precious nature,
belonging to persons on board the Vessel, or non-essential personal effects of any
Master, Officer or crew
member
1.3.8 fuel,
insurance, wages, stores, provisions and port charges arising from delay to the
Vessel while awaiting a
substitute for any Master, Officer or crew member
1.3.9 fines or
penalties arising from overloading or illegal fishing
42
1.3.10 pollution or contamination of any real or personal
property or thing whatsoever*9 (This Clause 1.3.10 shall
not exclude any amount recoverable under Clause 1.1.5)
1.3.11 general
average, sue and labour and salvage charges, salvage, and/or collision
liability to any extent that they
are not recoverable by reason of the agreed value and/or
the amount insured in respect of the Vessel being
inadequate
1.3.12 earthquake or
volcanic eruption.
*10 1.3.13
*11 1.3.14
*12 1.3.15
*13 1.3.16
1.4 PROVIDED ALWAYS THAT
1.4.1 prompt notice must be given to the Underwriters of
every casualty event or claim upon the Assured which
may give rise to a claim hereunder and of
every event or matter which may cause the Assured to incur liability
costs or expense for which he may be insured
hereunder.
1.4.2 the
Assured shall not admit liability for or settle any claim for which he may be
insured hereunder without
the prior written consent of the Underwriters.
2. LIMITS
2.1 Where the Assured or the Underwriters may or could have limited their
liability the indemnity under this
insurance in respect of such liability shall not exceed
Underwriters’ proportionate part of the amount of such
limitation.
2.2 In no case shall the
Underwriters’ liability under this insurance exceed their proportionate part of
the amount
insured hereunder in respect of each
separate accident or occurrence or series of accidents arising out of the same
event.
3. DEDUCTIBLE
3.1 Notwithstanding the
provisions of Clause 1 no claim shall be payable under this insurance unless
such claim, or
the aggregate of all such claims arising out of each separate
accident or occurrence, exceeds
the amount specified in
the Schedule
in which case this sum shall be deducted.
3.2 Excluding any
interest comprised therein, recoveries against any claim which is subject to
the above deductible
shall be credited to the Underwriters in full to the
extent of the sum by which the aggregate of the claim unreduced
by any recoveries exceeds the above deductible.
3.3 Interest in recoveries shall be apportioned
between the Assured and the Underwriters, taking into account the
sums paid by the Underwriters and the dates when such
payments were made, notwithstanding that by the addition
of interest the Underwriters may receive a larger sum than they have paid.
4. NAVIGATION
The Vessel has leave to dock and undock, to go into
graving dock, to sail or navigate with or without pilots, to go on
trial trips and to assist and tow vessels or craft in distress,
but it is warranted that the Vessel shall not be towed, except
as is customary or when in need of assistance,
or undertake towage or salvage services under a contract previously
arranged by the Assured and/or Owners and/or Managers and/or
Charterers without the prior written agreement to the
Underwriters. This Clause 4 shall not exclude customary towage in
connection with loading and discharging.
5. TERMINATION
This Clause 5 shall
prevail notwithstanding any provision whether written typed or printed in this
insurance inconsistent
therewith.
Unless Underwriters agree to the contrary in writing, this
insurance shall terminate automatically at the time of
5.1 change of the
Classification Society of the Vessel, or change, suspension, discontinuance,
withdrawal or expiry
of her Class therein. However where such
change, suspension, discontinuance or withdrawal of her Class has
43
resulted
from loss or damage covered by Clause 6 of the Institute Time Clauses-Hulls
1/10/83 or which would be covered by an insurance of the Vessel subject to
current Institute War and Strikes Clauses Hulls-Time such automatic termination shall not operate.
5.2 any change, voluntary or otherwise, in the
ownership or flag, transfer to new management, or charter on a
bareboat basis, or requisition for title or use of the
Vessel. However, in the event of requisition for title or use without the prior execution of a written
agreement by the Assured, such automatic termination shall occur fifteen days
after such requisition whether the Vessel is in port or at sea.
6. BREACH OF
WARRANTY
Held
covered in case of any breach of warranty as to cargo, trade, locality, towage,
salvage services or date of sailing, provided notice be given to the
Underwriters immediately after receipt of advices and any amended terms of
cover and any additional premium required by them be agreed.
7. ASSIGNMENT
No assignment of or interest in this insurance or in any
moneys which may be or become payable thereunder is to be binding on or recognised by the Underwriters
unless a dated notice of such assignment or interest signed by the Assured, and by the assignor in case of subsequent assignment, is endorsed
on the Policy and the Policy with such endorsement is produced before payment
of any claim or return of premium thereunder.
8. DUTY OF
ASSURED
It is a condition of this insurance that the Assured and
their servants and agents take such measures as may be reasonable for the
purpose of averting or minimising a loss which would be recoverable under this
insurance.
9. RETURNS FOR CANCELLATION
To
return pro rata monthly net for each uncommenced month if this insurance be
cancelled either by agreement or by the
operation of Clause 5 provided that a total loss of the Vessel, whether by
insured perils or otherwise, has not occurred during the period of this
insurance or any extension thereof.
10.
WAR, STRIKES, MALICIOUS ACTS AND NUCLEAR RISKS PARAMOUNT EXCLUSION
In no case shall this insurance cover liability cost or
expense arising as a result of the operation of one or more of the following perils:
10.1 war civil war revolution rebellion
insurrection, or civil strife arising therefrom, or any hostile act by or
against a
belligerent power
10.2 capture
seizure arrest restraint or detainment (barratry and piracy excepted), and the
consequences thereof or
any attempt
thereat
10.3 derelict mines
torpedoes bombs or other derelict weapons of war
10.4 strikers, locked-out
workmen, or persons taking part in labour disturbances, riots or civil
commotions
10.5 any terrorist or any
person acting from a political motive
10.6
the use of any weapon of war, or the detonation of an explosive, by any
person acting maliciously or from a
political motive
10.7 any weapon of war employing atomic or
nuclear fission and/or fusion or other like reaction or radioactive force
or matter.
*1 for the customary towage of
the Vessel
*2 1.1.6 liabilities, costs and
expense incurred by the other Vessel as set out in Clause 1.2.7 and/or 1.2.8
*3 or her cargo
*41.2.6 reasonable costs
incurred by the Assured in respect of saving of the life
*51.2.7 liability of the Assured
to pay special compensation to a salvor of the Vessel in respect of work done
or
measures taken to prevent or minimize damage to the environment,
but only to the extent that such liability is
44
imposed
on the Assured pursuant to Article 14 of the International Convention on
Salvage, 1989 or the equivalent terms of a standard form of Salvage Agreement
approved by the Underwriters
*61.2.8 liability of the Assured
to pay special compensation to a salvor of the Vessel under the terms of the
Special
Compensation
P&I Clubs Clause(SCOPIC) of Lloyd’s Standard Form of Salvage Agreement or
the similar
terms of a standard form of Salvage Agreement approved by the
Underwriters
*7 or property in the care,
custody or control of the Assured or as to which the Assured is for any purpose
exercising
physical control
*8 the expenses of the removal of
the wreck of the cargo
*9 (This Clause 1.3.10 shall not
exclude any amount recoverable under Clause 1.1.6, 1.2.7 and 1.2.8)
*10
1.3.13 passenger on board the Vessel
*11 1.3.14 when
the Vessel is towing another vessel or object, liability for losses to any
other person or persons caused
by such vessel or object
*12
1.3.15 liability assumed by the
Assured under any contract or agreement excluding the case in Clause 1.1.3
*131.3.16 any direct or
indirect payment by the Assured under the Workmen’s Accident Compensation
Insurance
Law, the Seamen’s Insurance Law and other ordinance of
Japan or any other country, in respect of accident to or
illness of workmen or any other persons employed in any capacity whatsoever by
the Assured in on or about or in connection with the Vessel or her cargo
materials or repairs
AMERICAN INSTITUTE HULL CLAUSES
(JUNE 2,1977)
*
To be attached to and form a part of Policy No. of the
The terms and
conditions of the following clauses are to be regarded as substituted for those
of the policy form
to which they are
attached, the latter being hereby waived, except provisions required by law to
be inserted in the
Policy.
All captions are inserted only for purposes of reference and shall not be used
to interpret the clauses to which
they
apply.
ASSURED
This Policy insures* hereinafter
referred to as the Assured.
If claim is made
under this Policy by anyone other than the Owner of the Vessel, such person
shall not be entitled to
recover to a greater extent than would the Owner, had claim been
made by the Owner as an Assured named in this Policy.
Underwriters waive any right of subrogation against affiliated subsidiary
or interrelated companies of the Assured, provided that such waiver shall not
apply in the event of a collision between the Vessel and any vessel owned,
demise chartered or otherwise
controlled by any of the aforesaid companies, or with respect to any loss,
damage or expense against which such companies are insured.
LOSS
PAYEE
Loss, if any, payable to* or order.
Provided, however, Underwriters shall pay claims to others as set
forth in the Collision Liability clause and may make direct payment to persons
providing security for the release of the Vessel in Salvage cases.
VESSEL
The Subject Matter of this insurance is the
Vessel called the*or by whatsoever name or names the said Vessel is
or shall be called, which for purposes of this
insurance shall consist of and be limited to her hull, launches, lifeboats,
rafts, furniture, bunkers, stores,
supplies, tackle, fittings, equipment, apparatus, machinery, boilers,
refrigerating machinery, insulation, motor generators and
other electrical machinery.
45
In the event any equipment or apparatus not
owned by the Assured is installed for use on board the Vessel and the Assured has assumed responsibility therefor, it shall also be
considered part of the Subject Matter and the aggregate value thereof shall be
included in the Agreed Value.
Notwithstanding the foregoing, cargo
containers, barges and lighters shall not be considered a part of the Subject
Matter of this insurance.
DURATION
OF RISK
From the day of 20* time
to the day of 20 time.
Should the Vessel at the expiration of this
Policy be at sea, or in distress, or at a port of refuge or of call, she shall,
provided previous notice be given to the
Underwriters, be held covered at a pro rata monthly premium to her port of
destination.
In the event of payment by the Underwriters
for Total Loss of the Vessel this Policy shall thereupon automatically
terminate.
AGREED
VALUE
The Vessel, for so much as concerns the
Assured, by agreement between the Assured and the Underwriters in this Policy, is and shall be valued at
*
AMOUNT INSURED HEREUNDER
*
DEDUCTIBLE
Dollars.
Dollars.
Notwithstanding anything in this Policy to the
contrary, there shall be deducted from the aggregate of all claims
(including claims under the Sue and Labor
clause and claims under the Collision Liability clause) arising out of each
separate accident, the sum of $ as specified in the policy, unless
the accident results in a Total Loss of the Vessel in which
case this clause shall not apply. A recovery
from other interests, however, shall not operate to exclude claims under this
Policy provided the aggregate of such claims
arising out of one separate accident if unreduced by such recovery exceeds
that sum. For the purpose of this clause each
accident shall be treated separately, but it is agreed that (a) a sequence of
damages arising from the same accident shall
be treated as due to that accident and (b); all heavy weather damage, or
damage caused by contact with floating ice, which occurs during a
single sea passage between two successive ports shall
be treated as though due to one accident.
PREMIUM
*
The
Underwriters to be paid in consideration of this insurance Dollars being at
the annual rate of
per cent., which premium shall be due on attachment if the Vessel
is insured under this Policy for a period of less than one year at pro rata of the annual rate, full annual premium shall be
considered earned and immediately due and payable in the event of Total Loss of the Vessel.
RETURNS OF PREMIUM
Premium returnable as follows:
Pro rata daily net in the event of termination-under the Change of
Ownership clause;
Pro rata monthly net for each uncommenced month if it be mutually
agreed to cancel this Policy;
For each period of 30 consecutive days the Vessel may be laid up
in port for account of the Assured,
(as arranged)
cents
per cent. net not under repair, or cents per cent. net under repair;
provided always that:
(a) a Total Loss of the
Vessel has not occurred during the currency of this Policy;
46
(b) in no case
shall a return for lay-up be allowed when the Vessel is lying in exposed or
unprotected waters or in
any location not
approved by the Underwriters;
(c) in the event of any
amendment of the annual rate, the above rates of return shall be adjusted
accordingly;
(d) in no case shall a
return be allowed when the Vessel is used as a storage ship or for lightering
purposes.
If the Vessel is laid up for a period of 30
consecutive days, a part only of which attaches under this Policy, the Underwriters shall pay such proportion of the
return due in respect of a full period of 30 days as the number of days attaching hereto bears to 30. Should the
lay-up period exceed 30 consecutive days, the Assured shall have the option to elect the period of 30 consecutive days for which a return is
recoverable.
NON
PAYMENT OF PREMIUM
In event of non-payment of premium 30 days
after attachment, or of any additional premium when due, this Policy may be cancelled by the Underwriters upon 10 days written or
telegraphic notice sent to the Assured at his last known address or in care of the broker who negotiated this
Policy. Such proportion of the premium, however, as shall have been earned up
to the time of cancellation shall be payable. In the event of Total Loss of the
Vessel occurring prior to any cancellation or termination of this Policy full
annual premium shall be considered earned.
ADVENTURE
Beginning the adventure upon the Vessel, as
above, and so shall continue and endure during the period aforesaid as
employment may offer, in port or at sea, in docks and graving
docks, and on ways, gridirons and pontoons, at all times, in
all places, and on all occasions, services and trades; with leave
to sail or navigate with or without pilots, to go on trial trips
and to assist and tow vessels or craft in distress, but the Vessel
may not be towed, except as is customary or when in need
of assistance, not shall the Vessel render
assistance nor undertake towage or salvage services under contract previously
arranged by the Assured, the Owners, the Managers or the
Charterers of the Vessel, nor shall the Vessel, in the course of
trading operations, engage in loading or discharging cargo at sea,
from or into another vessel other than a barge lighter or
similar craft used principally in harbors or inland waters. The
phrase “engage in loading or discharging cargo at sea” shall
include while approaching, leaving or alongside, or while another
vessel is approaching, leaving or alongside the Vessel.
The
Vessel is held covered in case of any breach of conditions as to cargo trade
locality, towage or salvage activities, or
date of sailing, or loading or discharging cargo at sea, provided (a) notice is
given to the Underwriters immediately following receipt of knowledge
thereof by the Assured, and (b) any amended terms of cover and any additional
premium required by the Underwriters are agreed to by the Assured.
PERILS
Touching the Adventures and Perils which the Underwriters are
contented to bear and take upon themselves, they are
of the Seas, Men-of-War, Fire, Lightning,
Earthquake, Enemies, Pirates, Rovers, Assailing Thieves, Jettisons, Letters of
Mart and Counter-Mart, Surprisals, Takings at Sea, Arrests,
Restraints and Detainments of all Kings, Princes and Peoples,
of what nation, condition or quality soever,
Barratry of the Master and Mariners and of all other like Perils, Losses and
Misfortunes that have or shall come to the
Hurt, Detriment or Damage of the Vessel or any part thereof, excepting,
however,
such of the foregoing perils as may be
excluded by provisions elsewhere in the Policy or by endorsement thereon.
ADDITIONAL PERILS
(INCHMAREE)
Subject to the conditions of this Policy,
this insurance also covers loss of or damage to the Vessel directly caused by the following:
Accidents in loading, discharging or handling cargo, or in
bunkering;
Accidents
in going on or off, or while on drydocks, graving docks, ways, gridirons or
pontoons; Explosions on shipboard or elsewhere;
Breakdown of motor generators
or other electrical machinery and electrical connections thereto, bursting of
boilers, breakage of shafts, or any latent
defect in the machinery or hull, (excluding the cost and expense of replacing
or repairing the defective part);
Breakdown
of or accidents to nuclear installations or reactors not on board the insured
Vessel; Contact with aircraft, rockets or similar missiles, or with any land
conveyance;
47
Negligence
of Charterers and/or Repairers, provided such Charterers and/or Repairers are
not an Assured hereunder; Negligence of Masters, Officers, Crew or Pilots;
provided such loss or damage
has not resulted from want of due diligence by the Assured, the Owners or
Managers of the Vessel, or any of them.
Masters,
Officers, Crew or Pilots are not to be considered Owners within the meaning of
this clause should they hold shares in the Vessel.
DELIBERATE DAMAGE
(POLLUTION HAZARD)
Subject to the conditions of this Policy,
this insurance also covers loss of or damage to the Vessel directly caused by governmental authorities acting for the
public welfare to prevent or mitigate a pollution hazard, or threat there of,
resulting directly from damage
to the Vessel for which the Underwriters are liable under this Policy, provided
such act of governmental
authorities has not resulted from want of due diligence by the Assured, the
Owners, or Managers of the Vessel
or any of them to prevent or mitigate such hazard or threat. Masters, Officers,
Crew or Pilots are not to be considered Owners within the meaning of this
clause should they hold shares in the Vessel.
CLAIMS (GENERAL
PROVISIONS)
In the event of any accident or occurrence
which could give rise to a claim under this Policy, prompt notice thereof shall be given to the Underwriters, and;
(a) where practicable, the Underwriters shall be
advised prior to survey, so that they may appoint their own surveyor,
if they so desire;
(b) the Underwriters shall be entitled to decide
where the Vessel shall proceed for docking and/or repair (allowance to
be made to the
Assured for the actual additional expense of the voyage arising from compliance
with the
Underwriters’ requirement);
(c) the Underwriters shall
have the right of veto in connection with any repair firm proposed;
(d)
the Underwriters may take tenders, or may require in writing that
tenders be taken for the repair of the Vessel, in
which event, upon acceptance of a tender with the
approval of the Underwriters, an allowance shall be made at the
rate of 30
per cent. per annum on the amount insured, for each day or pro rata for part of
a day, for time lost between
the issuance of invitations to tender and the acceptance of a tender, to the
extent that such time is lost solely as the result of
tenders having been taken and provided the tender is accepted without delay
after receipt of the Underwriters’ approval.
Due credit shall be given against the allowances in (b) and (d)
above for any amount recovered:
(1) in
respect of fuel, stores, and wages and maintenance of the Master, Officers or
Crew allowed in General or
Particular Average;
(2) from third parties in
respect of damages for detention and/or loss of profit and/or running expenses;
for the period covered by the allowances or any part thereof.
No claim shall be allowed in Particular Average for wages
and maintenance of the Master, Officers or Crew, except
when incurred solely for the necessary removal of the Vessel from
one port to another for average repairs or for trial trips
to test average repairs, in which cases wages
and maintenance will be allowed only while the Vessel is under way. This
exclusion shall not apply to overtime or
similar extraordinary payments to the Master, Officers or Crew incurred in
shifting
the Vessel for tank cleaning or repairs or
while specifically engaged in these activities, either in port or at sea.
General and Particular Average shall be payable without deduction,
new for old.
The expense of sighting the bottom after
stranding shall be paid, if reasonably incurred especially for that purpose, even if no damage be found.
No claim shall in any case be allowed in respect of scraping or
painting the Vessel’s bottom.
In the event of loss or damage to equipment
or apparatus not owned by the Assured but installed for use on board the Vessel and for which the Assured has assumed
responsibility, claim shall not exceed (1) the amount the Underwriters would
pay if the Assured were owner of such equipment or apparatus, or (2) the
contractual responsibility assumed by the Assured to the owners or lessors thereof, whichever shall be
less.
No claim for unrepaired damages shall be allowed, except
to the extent that the aggregate damage caused by perils
insured against during the period of the Policy and left
unrepaired at the expiration of the Policy shall be demonstrated by
48
the Assured to have diminished the actual market value of the
Vessel on that date if undamaged by such perils.
GENERAL
AVERAGE AND SALVAGE
General Average and Salvage shall be payable as provided in the
contract of affreightment, or failing such provision or
there be no contract of affreightment, payable
at the Assured’s election either in accordance with York-Antwerp Rules
1950 or 1974 or with the Laws and Usages of the Port of New York.
Provided always that when an adjustment according
to the laws and usages of the port of destination is properly
demanded by the owners of the cargo, General Average shall
be paid accordingly.
In the event of salvage, towage or other assistance being
rendered to the Vessel by any vessel belonging in part or in
whole to the same Owners or Charterers, the
value of such services (without regard to the common ownership or control
of the vessels) shall be ascertained by
arbitration in the manner provided for under the Collision Liability clause in
this
Policy, and the amount so awarded so far as
applicable to the interest hereby insured shall constitute a charge under this
Policy.
When
the contributory value of the Vessel is greater than the Agreed Value herein,
the liability of the Underwriters for General
Average contribution (except in respect to amounts made good to the Vessel), or
Salvage, shall not exceed that proportion
of the total contribution due from the Vessel which the amount insured
hereunder bears to the contributory value,
and if, because of damage for which the Underwriters are liable as Particular
Average, the value of the Vessel has been
reduced for the purpose of contribution, the amount of such Particular Average
damage recoverable under this Policy shall first be deducted from the amount
insured hereunder, and the Underwriters shall then be liable only for the
proportion which such net amount bears to the contributory value.
TOTAL
LOSS
In ascertaining
whether the Vessel is a constructive Total Loss the Agreed Value shall be taken
as the repaired value
and nothing in respect of the damaged or break-up value of the
Vessel or wreck shall be taken into account.
There shall be no
recovery for a constructive Total Loss hereunder unless the expense of
recovering and repairing the Vessel would exceed the Agreed Value. In making
this determination, only expenses incurred or to be incurred by reason of a single accident or a sequence of damages
arising from the same accident shall be taken into account, but expenses
incurred prior to tender of abandonment shall not be considered if such are to
be claimed separately under the Sue and Labor clause.
In the
event of Total Loss (actual or constructive), no claim to be made by the
Underwriters for freight, whether notice of abandonment has been given or not.
In no case shall the Underwriters be liable for unrepaired
damage in addition to a subsequent Total Loss sustained during the period covered by this Policy.
SUE
AND LABOR
And in case of any Loss or Misfortune, it
shall be lawful and necessary for the Assured, their Factors, Servants and Assigns, to sue, labor and travel for, in,
and about the defense, safeguard and recovery of the Vessel, or any part
thereof, without prejudice to this insurance, to the charges where of the
Underwriters will contribute their proportion as provided below. And it is expressly declared and agreed that
no acts of the Underwriters or Assured in recovering, saving or preserving
the Vessel shall be considered as a waiver or acceptance of abandonment.
In the event of expenditure under the Sue and Labor
clause, the Underwriters shall pay the proportion of such expenses that the amount insured hereunder bears to
the Agreed Value, or that the amount insured hereunder (less loss and/or damage
payable under this Policy) bears to the
actual value of the salved property, whichever proportion shall be less;
provided always that their liability for such expenses shall not exceed
their proportionate part of the Agreed Value.
If claim for Total Loss is admitted under this Policy
and sue and labor expenses have been reasonably incurred in excess
of any proceeds realized or value recovered,
the amount payable under this Policy will be the proportion of such excess
that the amount insured hereunder (without deduction for loss or
damage) bears to the Agreed Value or to the sound value
of the Vessel at the time of the accident,
whichever value was greater; provided always that Underwriters’ liability for
such
expenses shall not exceed their proportionate
part of the Agreed Value. The foregoing shall also apply to expenses
reasonably incurred in salving or attempting
to salve the Vessel and other property to the extent that such expenses shall
49
be regarded as having been incurred in respect of the Vessel.
COLLISION LIABILITY
And it is further agreed that:
(a) if the Vessel shall
come into collision with any other ship or vessel, and the Assured 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
Assured 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 Underwriters, the
liability of the
Vessel has been
contested, or proceedings have been taken to limit liability, the Underwriters
will also pay a like
proportion of the costs which the Assured 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
Assured in consequence of such collision.
The principles involved in this clause shall apply to
the case where both vessels are the property, in part or in whole, of
the same owners or charterers, all questions of responsibility and
amount of liability as between the two vessels being left
to the decision of a single Arbitrator, if the
parties can agree upon a single Arbitrator, or failing such agreement, to the
decision of Arbitrators, one to be appointed
by the Assured and one to be appointed by the majority (in amount) of Hull
Underwriters interested; the two Arbitrators
chosen to choose a third Arbitrator before entering upon the reference, and the
decision of such single Arbitrator, or of
any two of such three Arbitrators, appointed as above, to be final and binding.
Provided always that this clause shall in no case extend
to any sum which the Assured or the Surety 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 other vessels or property thereon except to the extent that such
injury arises out of any action taken to avoid, minimize or remove any
discharge, spillage, emission or leakage described in (c) above.
PILOTAGE
AND TOWAGE
This insurance shall not be prejudiced by reason of any contract
limiting in whole or in part the liability of pilots, tugs, towboats, or their owners when the Assured or the
agent of the Assured accepts such contract in accordance with established
local practice.
Where in accordance with such practice, pilotage or
towage services are provided under contracts requiring the Assured or the agent
of the Assured:
(a) to assume
liability for damage resulting from collision of the Vessel insured with any
other ship or vessel, including
the towing vessel, or
(b) to indemnify those
providing the pilotage or towage services against loss or liability for any
such damages,
it is agreed that amounts paid by the Assured or Surety
pursuant to such assumed obligations shall be deemed payments
“by way of damages to any other person or persons” and to have
been paid “in consequence of the Vessel being at fault”
within the meaning of the Collision Liability
clause in this Policy to the extent that such payments would have been covered
if the Vessel had been legally responsible in
the absence of any agreement. Provided always that in no event shall the
aggregate amount of liability of the
Underwriters under the Collision Liability clause, including this clause, be
greater than
50
the amount of any statutory limitation of liability to
which owners are entitled or would be entitled if liability under any
contractual obligation referred to in this clause were included
among the liabilities subject to such statutory limitations.
CHANGE OF OWNERSHIP
In the event of any change, voluntary or
otherwise, in the ownership or flag of the Vessel, or if the Vessel be placed under new management, or be chartered on a bareboat basis or
requisitioned on that basis, or if the Classification Society of the Vessel or her class therein be changed,
cancelled or withdrawn, then, unless the Underwriters agree thereto in writing,
this Policy shall automatically
terminate at the time of such change of ownership, flag, management, charter,
requisition or classification; provided, however, that:
(a) if the
Vessel has cargo on board and has already sailed from her loading port, or is
at sea in ballast, such automatic
termination shall, if required, be deferred until
arrival at final port of discharge if with cargo, or at port of
destination if in ballast;
(b) in
the event of an involuntary temporary transfer by requisition or otherwise,
without the prior execution of a
written agreement by
the Assured, such automatic termination shall occur fifteen days after such
transfer.
This insurance shall not inure to the benefit of any transferee or
charterer of the Vessel and, if a loss payable hereunder
should occur between the time of change or
transfer and any deferred automatic termination, the Underwriters shall be
subrogated to all of the rights of the
Assured against the transferee or charterer in respect of all or part of such
loss as is
recoverable from the transferee or
charterer, and in the proportion which the amount insured hereunder bears to
the Agreed
Value.
The term “new management” as used above refers only to the
transfer of the management of the Vessel from one firm or corporation to
another, and it shall not apply to any internal changes within the offices of
the Assured.
ADDITIONAL INSURANCES
It is a condition of this Policy that no additional insurance
against the risk of Total Loss of the Vessel shall be effected
to operate during the currency of this
Policy by or for account of the Assured, Owners, Managers, Operators or
Mortgagees
except on the interests and up to the amounts
enumerated in the following Sections (a) to (g), inclusive, and no such
insurance shall be subject to P.P.I., F.I.A.
or other like term on any interests whatever excepting those enumerated in
Section
(a);
provided always and notwithstanding the limitation on recovery in the Assured
clause a breach of this condition shall
not afford the Underwriters any defense to a
claim by a Mortgagee who has accepted this Policy without knowledge of
such breach:
(a) DISBURSEMENTS, MANAGERS’ COMMISSIONS, PROFITS OR EXCESS OR INCREASED
VALUE OF
HULL AND MACHINERY, AND/OR SIMILAR INTERESTS HOWEVER
DESCRIBED, AND FREIGHT (INCLUDING
CHARTERED FREIGHT OR ANTICIPATED FREIGHT) INSURED FOR TIME. An amount not
exceeding in the aggregate 25% of the Agreed Value.
(b) FREIGHT OR HIRE, UNDER CONTRACTS FOR VOYAGE. An amount not exceeding
the gross freight or hire
for the current cargo passage and next succeeding cargo
passage (such insurance to include, if required, a preliminary and an intermediate ballast passage) plus the
charges of insurance. In the case of a voyage charter where payment is made on a time basis, the amount shall
be calculated on the estimated duration of the voyage, subject to the limitation of two cargo passages as laid
down herein. Any amount permitted under this Section shall be reduced, as the freight or hire is earned, by the gross amount
so earned. Any freight or hire to be earned under the form of Charters described in (d) below shall not be permitted under
this Section (b) if any part thereof is insured as permitted under said
Section (d).
(c) ANTICIPATED FREIGHT IF THE VESSEL SAILS IN BALLAST AND NOT UNDER
CHARTER. An amount
not
exceeding the anticipated gross freight on next cargo passage, such amount to
be reasonably estimated on the basis of the current rate of freight at time of
insurance, plus the charges of insurance. Provided, however, that no insurance
shall be permitted by this Section if any insurance is effected as permitted
under Section (b).
(d) TIME CHARTER HIRE OR
CHARTER HIRE FOR SERIES OF VOYAGES. An amount not exceeding 50% of
the
gross hire which is to be earned under the charter in a period not exceeding 18
months. Any amount permitted
under this Section shall be reduced as the
hire is earned under the charter by 50% of the gross amount so earned
but, where the charter is for a period
exceeding 18 months, the amount insured need not be reduced while it does
51
not
exceed 50% of the gross hire still to be earned under the charter. An insurance
permitted by this Section may begin on the signing of the charter.
(e) PREMIUMS. An amount not exceeding the actual
premiums of all interest insured for a period not exceeding 12
months (excluding
premiums insured as permitted under the foregoing Sections but including, if
required, the
premium
or estimated calls on any Protection and Indemnity or War Risks and Strikes
insurance) reducing pro rata
monthly.
(f) RETURNS OF
PREMIUM. An amount not exceeding the actual returns which are recoverable
subject to “and
arrival” or
equivalent provision under any policy of insurance.
(g) INSURANCE IRRESPECTIVE
OF AMOUNT AGAINST:-Risks
excluded by War,
Strikes and Related
Exclusions clause; risks enumerated in the
American Institute War Risks and Strikes Clauses; and General Average
and Salvage Disbursements.
WAR
STRIKES AND RELATED EXCLUSIONS
The
following conditions shall be paramount and shall supersede and nullify any
contrary provisions of the Policy.
This Policy does not cover any loss, damage or expense caused by,
resulting from, or incurred as a consequence of:
(a) Capture, seizure,
arrest, restraint or detainment, or any attempt thereat; or
(b) Any taking of the Vessel, by requisition or otherwise, whether in time of
peace or war and whether lawful or
otherwise; or
(c) Any mine, bomb or
torpedo not carried as cargo on board the Vessel; 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) Strikes, lockouts,
political or labor disturbances, civil commotions, riots, martial law, military
or usurped power;
or
(g) Malicious acts or
vandalism, unless committed by the Master or Mariners and not excluded
elsewhere under this
War Strikes and Related Exclusions clause; 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 service which the Vessel concerned or, in the case of a collision, 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.
If war risks or other risks excluded by this clause are
hereafter insured by endorsement on this Policy, such endorsement shall supersede the above conditions only to the extent that the
terms of such endorsement are inconsistent therewith and only while such
endorsement remains in force.
* as specified in the policy
AMERICAN INSTITUTE
INCREASED VALUE AND EXCESS LIABILITIES CLAUSES
(NOVEMBER
3,1977)
*
To be attached to and form a part of Policy No. of the
The terms and
conditions of the following clauses are to be regarded as substituted for those
of the policy form
to which they are
attached, the latter being hereby waived, except provisions required by law to
be inserted in the
Policy.
All captions are inserted only for purposes at reference and shall net be used
to interpret the clauses to which
52
they
apply.
ASSURED
This Policy insures *
hereinafter referred to as the Assured.
If claim is made
under this Policy by anyone other than the Owner of the Vessel, such person
shall not be entitled to
recover to a greater extent than would the Owner, had claim been
made by the Owner as an Assured named in this Policy.
Underwriters waive any right of subrogation against affiliated,
subsidiary or interrelated companies of the Assured, provided that such waiver
shall not apply in the event of a collision between the Vessel and any vessel
owned, demise chartered or otherwise
controlled by any of the aforesaid companies, or with respect to any loss,
damage or expense against which such companies are insured.
This insurance shall not be prejudiced by reason of any contract
limiting in whole or in part the liability of pilots, tugs, towboats, or their owners when the Assured or the
Agent of the Assured accepts such contract in accordance with established
local practice.
LOSS
PAYEE
*
Loss, if any, payable to
or order.
Provided, however, Underwriters shall pay
claims to others as set forth in the Collision Liability clause and may make
direct payment to persons providing security for the release of the Vessel in
Salvage cases.
On
INCREASED VALUE AND EXCESS LIABILITIES of the Vessel called the
(or by whatsoever name or names the said
Vessel is or shall be called).
AMOUNT INSURED
HEREUNDER
*Dollars.
DURATION
OF RISK
*
from the day of 20
*
to the day
of 20
time
time.
Should the Vessel at the expiration of this
Policy be at sea, or in distress, or at a port of refuge or of call, she shall,
provided previous notice be given to the
Underwriters, be held covered at a pro rata monthly premium to her port of
destination.
In the event of payment by the Underwriters
for Total Loss of the Vessel this Policy shall thereupon automatically
terminate.
PREMIUM
*
The Underwriters to be paid in consideration of this insurance
Dollars being at the annual rate of per
cent, which
premium
shall be due on attachment. If Vessel is insured under this Policy for a period
of less than one year at pro rate of the
annual rate, full annual premium shall be considered earned and immediately due
and payable in the event of Total Loss
of the Vessel.
RETURNS OF PREMIUMS
Premium returnable as follows:
Pro rata daily net in the event of termination under the Change of
Ownership clause;
Pro rata monthly net for each uncommenced month if it be mutually
agreed to cancel this Policy;
For each period of 30 consecutive days the Vessel may be laid up
in port for account of the Assured,
(as arranged)
cents
per cent, net not under repair, or cents per cent, net under repair;
provided always that:
(a) A Total Loss of the
Vessel has not occurred during the currency of this Policy;
(b) In no case shall a
return for lay-up be allowed when the Vessel is lying in exposed or unprotected
waters or in any
53
location not approved by the Underwriters;
(c) In the event of any
amendment of the annual rate, the above rates of return shall be adjusted
accordingly;
(d) In no case shall a
return be allowed when the Vessel is used as a storage ship or for lightering
purposes.
If the Vessel is laid up for a period of 30
consecutive days, a part only of which attaches under this Policy, the Underwriters shall pay such proportion of the
return due in respect of a full period of 30 days as the number of days attaching hereto bears to 30. Should the
lay-up period exceed 30 consecutive days, the Assured shall have the option to elect the period of 30 consecutive days for which a return is
recoverable.
NON-PAYMENT
OF PREMIUM
In event of non-payment of premium 50 days
after attachment, or of any additional premium when due, this Policy may be cancelled by the Underwriters upon 10 days written or
telegraphic notice sent to the Assured at his last known address or in care of the broker who negotiated this
Policy. Such proportion of the premium, however, as shall have been earned up
to the time of cancellation shall be payable. In the event of Total Loss of the
Vessel occurring prior to any cancellation or termination of this Policy full
annual premium shall be considered earned.
ADVENTURE
Beginning the adventure upon the Vessel, as
above, and so shall continue and endure during the period aforesaid, as
employment may offer, in port or at sea, in docks and graving
docks, and on ways, gridirons and pontoons, at all times, in
all places, and on all occasions, services and trades; with leave
to sail or navigate with or without pilots to go on trial trips
and to assist and tow vessels or craft in distress, but the Vessel
may not be towed, except as is customary or when in need
of assistance, nor shall the Vessel render
assistance or undertake towage or salvage services under contract previously
arranged by the Assured, the Owners, the Managers or the
Charterers of the Vessel, nor shall the Vessel, in the course of
trading operations, engage in loading or discharging cargo at sea,
from or into another vessel other than a barge, lighter or
similar craft used principally in harbors or inland waters. The
phrase “engage in loading or discharging cargo at sea” shall
include white approaching, leaving or alongside, or while another
vessel is approaching, leaving or alongside the Vessel.
The
Vessel is held covered in case of any breach of conditions as to cargo, trade,
locality, towage or salvage activities, date
of sailing or loading or discharging cargo at sea, provided (a) notice is given
to the Underwriters immediately following receipt of knowledge thereof
by the Assured, and (b) any amended terms of cover and any additional premium
required by the Underwriters are agreed to by the Assured.
COVERAGE
This insurance covers only;
(1) TOTAL LOSS (ACTUAL OR CONSTRUCTIVE) OF THE
VESSEL directly caused by Perils of the Seas,
Men-of-War, Fire, Lightning, Earthquake, Enemies, Pirates, Rovers, Assailing
Thieves, Jettisons, Letters of Mart and Counter-Mart,
Surprisals, Takings at Sea, Arrests, Restraints and Detainments of all Kings,
Princes and Peoples, of what nation,
condition or quality soever, Barratry of the Master and Mariners and of all
other like Perils, Losses and Misfortunes that have or shall come to the
Hurt, Detriment or Damage of the Vessel, or any part thereof, excepting,
however, such of the foregoing perils as may
be excluded by provisions elsewhere in the Policy or by endorsement thereon. It
shall also cover Total Loss (actual or constructive) directly caused by
the following:-
Accidents in loading, discharging or handling cargo, or in
bunkering;
Accidents
in going on or off, or while on drydocks, graving docks, ways, gridirons or
pontoons; Explosions on shipboard or elsewhere;
Breakdown of motor generators or other electrical
machinery and electrical connections thereto, bursting of boilers, breakage of shafts, or any latent defect in
the machinery or hull, (excluding the cost and expense of replacing or
repairing the defective part);
Breakdown
of or accidents to nuclear installations or reactors not on board the insured
Vessel; Contact with aircraft, rockets or similar missiles, or with any land
conveyance;
Negligence
of Charterers and/or Repairers, provided such Charterers and/or Repairers are
not an Assured hereunder; Negligence of Masters, Officers, Crew or Pilots;
provided such loss or damage has not resulted from want of due
diligence by the Assured, the Owners or Managers of the
54
Vessel,
or any of them. Masters, Officers, Crew or Pilots are not to be considered
Owners within the meaning of this clause should they hold shares in the Vessel.
Subject to the conditions of this Policy, this insurance
also covers Total Loss (actual or constructive) of the Vessel
directly caused by governmental authorities
acting for the public welfare to prevent or mitigate a pollution hazard, or
threat thereof, resulting directly from damage
to the Vessel for which the Underwriters are liable under this Policy,
provided such act of governmental authorities has not resulted
from want of due diligence by the Assured, the Owners,
or Managers of the Vessel or any of them to prevent or mitigate
such hazard or threat. Masters, Officers, Crew or Pilots
are not to be considered Owners within the meaning of this clause
should they hold shares in the Vessel.
In ascertaining whether the Vessel is a constructive
Total Loss the Agreed Value in the policies on Hull and Machinery shall be taken as the repaired value and
nothing in respect of the damaged or break-up value of the Vessel or wreck
shall be taken into account.
There
shall be no recovery for a constructive Total Loss hereunder unless the expense
of recovering and repairing the Vessel would exceed the Agreed Value in
policies on Hull and Machinery. In making this determination, only expenses
incurred or to be incurred by reason of a single accident or a sequence of
damages arising from the same accident shall be
taken into account, but expenses incurred prior to tender of abandonment shall
not be considered if such are to be claimed separately under the Sue and
Labor clause in said policies.
Provided that the policies on Hull and Machinery contain
the above clauses with respect to the method of ascertaining whether the Vessel is a constructive Total
Loss (or clauses having a similar effect), the settlement of a claim for Total Loss under the policies on Hull and Machinery
shall be accepted as proof of the Total Loss of the Vessel under this Policy; and in the event of a claim for Total
Loss being settled under the policies on Hull and Machinery as a compromised total loss, the amount payable hereunder shall be the
same percentage of the amount hereby insured as the percentage paid on the
amount insured under said policies.
Should the Vessel be a constructive Total Loss but the
claim on the policies on Hull and Machinery be settled as a claim for partial loss, no payment shall be due under this Section
(1).
Full interest admitted; the Policy being deemed sufficient proof
of interest.
In the event of Total Loss, the Underwriters
waive interest in any proceeds from the sale or other disposition of the Vessel or wreck.
(2) GENERAL AVERAGE AND SALVAGE not recoverable in full under the policies on
Hull and Machinery by
reason of the difference between the Agreed
Value of the Vessel as stated therein (or any reduced value arising from the
deduction therefrom in process of adjustment of any claim which
law or practice or the terms of the policies covering Hull
and Machinery may have required) and the
value of the Vessel adopted for the purpose of contribution to General Average
of Salvage, the liability under this Policy being
for such proportion of the amount not recoverable as the amount insured
hereunder bears to the said difference or to the total amount
insured against excess liabilities if it exceed such difference.
(3) SUE AND LABOR CHARGES not recoverable in full under the policies on Hull and Machinery
by reason of the
difference between the Agreed Value of the
Vessel as stated therein (or any reduced value arising from the deduction
therefrom of any claim which the terms of the policies covering
Hull and Machinery may have required) and the value of
the Vessel adopted for the purpose of ascertaining the amount
recoverable under the policies on Hull and Machinery, the
liability under this Policy being for such proportion of the
amount not recoverable as the amount insured hereunder bears
to the said difference or to the total amount insured against
excess liabilities if it exceed such difference.
(4) COLLISION LIABRLIITY (including Costs) not recoverable in full under the
Collision Liability clause
(including the Pilotage and Towage
extension) in the policies on Hull and Machinery by reason of such liability
exceeding
the Agreed Value of the Vessel as stated
therein, in which case the amount recoverable under this Policy shall be such
proportion of the difference so arising as the
amount hereby insured bears to the total amount insured against excess
liabilities.
Underwriters’ liability under (1),(2),(3) and (4) is
separate and shall not exceed the amount insured hereunder in any one section in respect of any one claim.
When it becomes evident that any accident or occurrence
could give rise to a claim under this Policy prompt notice thereof shall be given to the Underwriters.
55
CHANGE OF OWNERSHIP
In the event of any change, voluntary or
otherwise, in the ownership or flag of the Vessel, or if the Vessel be placed under new management, or be chartered on a bareboat basis or
requisitioned on that basis, or if the Classfiication Society of the Vessel or her class therein be changed,
cancelled or withdrawn, then, unless the Underwriters agree thereto in writing,
this Policy shall automatically
terminate at the time of such change of ownership, flag, management, charter,
requisition or classification, provided however, that:
(a) if the Vessel has cargo on board and has
already sailed from her loading port, or is at sea in ballast, such automatic
termination shall, if required, be deferred
until arrival at final port of discharge if with cargo, or at port of
destination if
in ballast;
(b) in the event of an involuntary temporary transfer by
requisition or otherwise, without the prior execution of a written agreement by the Assured, such automatic termination shall
occur fifteen days after such transfer.
This
insurance shall not inure to the benefit of any transferee or charterer of the
Vessel and, if a loss payable hereunder
should occur between the time of change or
transfer and any deferred automatic termination, the Underwriters shall be
subrogated to all of the rights of the
Assured against the transferee or charterer in respect of all or part of such
loss as is
recoverable from the transferee or
charterer, and in the proportion which the amount insured hereunder bears to
the Agreed
Value.
The
term “new management” as used above refers only to the transfer of the
management of the Vessel from one firm or corporation to another, and it shall
not apply to any internal changes within the offices of the Assured.
WAR,
STRIKES AND RELATED EXCLUSIONS
The
following conditions shall be paramount and shall supersede and nullify any
contrary provisions of the Policy.
This Policy does not cover any loss, damage or expense caused by,
resulting from, or incurred as a consequence of:
(a) Capture, seizure,
arrest, restraint or detainment, or any attempt thereat; or
(b) Any taking of the Vessel, by requisition or otherwise, whether in time of
peace or war and whether lawful or
otherwise; or
(c) Any mine, bomb or
torpedo not carried as cargo on board the Vessel; 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) Strikes, lockouts,
political or labor disturbances, civil commotions, riots, martial law, military
or usurped power;
or
(g) Malicious acts or
vandalism, unless committed by the Master or Mariners and not excluded
elsewhere under this
War Strikes and Related Exclusions clause; 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, rocket 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 service which the Vessel concerned or, in the case of a collision, 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.
If war risks or other risks excluded by this clause are
hereafter insured by endorsement on this Policy, such endorsement shall supersede the above conditions only to the extent that the
terms of such endorsement are inconsistent therewith and only while such
endorsement remains in force.
* as specified in the policy
56
INSTITUTE ADDITIONAL PERILS
CLAUSES-HULLS
(FOR USE ONLY WITH THE INSTITUTE
TIME CLAUSES-HULLS 1/10/83)
1. In consideration of an
additional premium this insurance is extended to cover
1.1 The cost of repairing or
replacing
1.1.1 any
boiler which bursts or shaft which breaks
1.1.2 any
defective part which has caused loss or damage to the Vessel covered by Clause
6.2.2 of the Institute
Time Clauses-Hulls 1/10/83.
1.2 loss of or damage to
the Vessel caused by any accident or by negligence, incompetence or error of
judgement of
any person whatsoever.
2. Except as provided in 1.1.1 and 1.1.2, nothing in these Additional
Perils Clauses shall allow any claim for the cost of
repairing or replacing any part found to be defective as
a result of a fault or error in design or construction and which has not caused loss of or damage to the Vessel.
3. The cover provided in
Clause 1 is subject to all other terms, conditions and exclusions contained in
this insurance and
subject to the proviso that the loss or damage has not
resulted from want of due diligence by the Assured, Owners or Managers, Master Officers Crew or Pilots not to be considered
Owners within the meaning of this Clause should they hold shares in the Vessel.
1/4/93
INSTITUTE ADDITIONAL PERILS
CLAUSES-HULLS AMENDED (4/93)
(FOR USE ONLY WITH THE INSTITUTE TIME CLAUSES-HULLS1/10/83＊)
1. In consideration of an
additional premium this insurance is extended to cover
1.1 the cost of repairing or
replacing
1.1.1 any
boiler which bursts or shaft, machinery which breaks
1.1.2 any
defective part which has caused loss or damage to the Vessel covered by Clause
6.2.2 of the Institute
Time Clauses-Hulls
1/10/83＊
1.2 loss of or damage to
the Vessel caused by any accident or by negligence, incompetence or error of
judgement of
any person whatsoever.
2. Except as provided in 1.1.1 and 1.1.2, nothing in these Additional
Perils Clauses shall allow any claim for the cost of
repairing or replacing any part found to be defective as
a result of a fault or error in design or construction and which has not caused loss of or damage to the Vessel.
3. The cover provided in
Clause 1 is subject to all other terms, conditions and exclusions contained in
this insurance and
subject to the proviso that the loss or damage has not
resulted from want of due diligence by the Assured, Owners or Managers, Master Officers Crew or Pilots not to be considered
Owners within the meaning of this Clause should they hold shares in the Vessel.
* Amended for Japanese Clauses Class No.6
(4/93)
1/4/2009
VIOLENT THEFT, PIRACY AND
BARRATRY EXCLUSION
- FOR USE WITH INSTITUTE TIME CLAUSES HULLS 1/10/83
Where the hull and machinery insurance of the vessel is
written on terms which include the Institute Time Clauses Hulls 1/10/83, the
said clauses are hereby amended as follows:
57
1 Clause 4.1 shall be
deleted and replaced by the following:
“change
of the Classification Society of the vessel, or change, suspension,
discontinuance, withdrawal or expiry of
her Class therein, provided that if the vessel is at sea such automatic
termination shall be deferred until arrival at her next
port.
However where such
change, suspension, discontinuance, withdrawal or expiry of her Class has
resulted from
loss or damage covered by Clause 6 of this insurance or which
would be covered by an insurance of the vessel
subject to current Institute War &
Strikes Clauses Hulls-Time 1/10/83 as amended by “Violent Theft, Piracy and
Barratry Extension-for use with the Institute
War & Strikes Clauses Hulls-Time 1/10/83 (1/4/09)” such
automatic termination shall only operate should the vessel sail
from her next port without the prior approval of
the Classification Society.”
2 Clause 6.1.3 shall be deleted
3 Clause 6.1.5 shall be deleted
4 Clause 6.2.5 shall be deleted
5 “23(a)”, shall be inserted between “23” and “24” in Clause 21.1.8
6 The words “(barratry and piracy excepted)” shall be deleted from Clause 23.2
7 A new Clause 23(a) shall
be inserted after Clause 23 and before Clause 24 as follows:
“23(a) VIOLENT THEFT, PIRACY AND BARRATRY EXCLUSION
In no case shall
this insurance cover loss damage liability or expense caused by 23(a).1 violent theft by persons from outside the
Vessel
23(a).2
piracy
23(a).3
barratry of Master Officers or Crew”
1/4/2009
VIOLENT THEFT, PIRACY AND
BARRATRY EXCLUSION
- FOR USE WITH INSTITUTE TIME
CLAUSES HULLS DISBURSEMENTS AND INCREASED
VALUE
(TOTAL LOSS ONLY, INCLUDING
EXCESS LIABILITIES) 1/10/83
Where the disbursements insurance of the vessel is written
on terms which include the Institute Time Clauses Hulls Disbursements and Increased Value (Total Loss
only, including Excess Liabilities) 1/10/83, the said clauses are hereby amended as follows:
1 Clause 4.1 shall be
deleted and replaced by the following:
“change
of the Classification Society of the vessel, or change, suspension,
discontinuance, withdrawal or expiry of
her Class therein, provided that if the vessel is at sea such automatic
termination shall be deferred until arrival at her next
port.
However where such
change, suspension, discontinuance, withdrawal or expiry of her Class has
resulted from loss or damage covered by Clause 6 of this insurance or which
would be covered by an insurance of the vessel subject to current Institute War & Strikes Clauses Hulls-Time 1/10/83
(amended to cover Disbursements including
Excess Liabilities) as amended by “Violent Theft, Piracy and Barratry
Extension-for use with the Institute War & Strikes Clauses Hulls-Time
(Amended to cover Disbursements including Excess Liabilities) 1/10/83 (1/4/09)” such automatic termination shall
only operate should the vessel sail from her next port without the prior
approval of the Classification Society.”
2 Clause 6.1.3 shall be
deleted
3 Clause 6.1.5 shall be
deleted
4 Clause 6.2.5 shall be
deleted
5 The words “(barratry and
piracy excepted)” shall be deleted from Clause 12.2
6 A new Clause 12(a) shall
be inserted after Clause 12 and before Clause 13 as follows:
“12(a) VIOLENT THEFT, PIRACY AND BARRATRY EXCLUSION
58
In no case shall
this insurance cover loss damage liability or expense caused by 12(a).1 violent theft by persons from outside the
Vessel
12(a).2
piracy
12(a).3
barratry of Master Officers or Crew”
1/4/2022
BERING SEA TRANSIT CLAUSE AMENDED
Notwithstanding
anything contained in this Insurance to the contrary, it is hereby agreed that
when on through voyages to or from the Far East, the insured Vessel may
navigate the Bering Sea provided that
1) the Vessel has on board the appropriate
hydrographic charts corrected up to date,
2) entry is made through the Unimak Pass and
exit west of Buldir Island or Vice Versa, or the Vessel may enter or leave
through the Amchitka, Amuktra or Attu Passes
3) the
vessel is equipped and properly fitted with at least one global positioning
system receiver (such as US GPS,
Russian GLONASS,
European Galileo, Chinese Compass),
and
4) a radio transceiver and GMDSS, a weather
facsimile recorder (or alternative equipment for the receipt of weather and
routeing information)
and a gyrocompass,
in each case to be fully operational and manned by qualified
personnel.
1/4/2022
BERING SEA TRANSIT CLAUSES (FOR
I.T.C. AMENDED)
1 Notwithstanding the provision of the Trading Warranty contained in the
Policy, it is hereby agreed that when on through
voyages to or from the Far East, the insured Vessel may navigate
the Bering Sea provided that
(1) the Vessel has on board the appropriate hydrographic charts
corrected up to date,
(2) the Vessel shall pass the following waters :
(a) Unimak Pass
(b) Amukta Pass
(c) Amchitka Pass
(e) between Buldir Island and Agattu Island
(f) between Agattu Island and Attu Island
(g) west of Attu Island
and
(3) the Vessel is properly equipped and fitted
with the followings, all fully operational and manned by qualified
personnel.
(a) at least one global positioning system receiver (such as US
GPS, Russian
GLONASS, European
Galileo, Chinese Compass)
(b) a radio transceiver and GMDSS
(c) a weather facsimile recorder or alternative equipment for the
receipt of weather and routeing information
(d) gyrocompass
2 In the event of a breach of whole or a part of the conditions stated in
the above, the Company shall not be liable to
indemnify the Assured for any loss or damage occurring
thereafter, except when the Company’s written consent has been obtained.
59
1/10/83
INSTITUTE MACHINERY DAMAGE ADDITIONAL DEDUCTIBLE
CLAUSE
(FOR USE ONLY WITH THE INSTITUTE TIME CLAUSES-HULLS
1/10/83)
Notwithstanding any provision to the contrary
in this insurance a claim for loss or damage to any machinery, shaft,
electrical equipment or wiring, boiler condenser heating coil or associated
pipework, arising from any of the perils enumerated
in Clauses 6.2.2 to 6.2.5 inclusive of the Institute Time Clauses-Hulls 1/10/83
or from fire or explosion when either has
originated in a machinery space, shall be subject to a deductible of ............................................................................................................................... Any
balance remaining, after application of
this deductible, with any other claim arising from the same accident or
occurrence, shall then be subject to the deductible in Clause 12.1 of the
Institute Time Clauses-Hulls 1/10/83.
The provisions of Clauses 12.3
and 12.4 of the Institute Time Clauses-Hulls 1/10/83 shall apply to recoveries
and interest comprised in recoveries against any claim which is subject to this
Clause.
This Clause shall not apply to a claim for total or constructive
total loss of the Vessel.
13/05/2004
EXCESS COLLISION LIABILITY CLAUSE (A-2)
(FOR 3/4THS COLLISION LIABILITY)
Article 1.
This insurance is extended to cover three-fourths of
collision liability not recoverable in full under Clause 8 and 9 of the
Institute Time Clauses-Hulls 1/10/83 by reason of the fact that
the sum of such liability exceeds the insured value on hull
and machinery.
In no
case shall the Company’s total liability under this clause and Clause 8 and 9
of the Institute Time Clauses-Hulls 1/10/83
exceed the three-fourths of the sum defined in Article 3-1-(b) of “Protocol of
1996 to Amend the Convention on Limitation of Liability for Maritime Claims
1976” in respect of any one claim.
Article 2.
Even
if the Assured shall fail to take the appropriate action to limit his
liabilities in the circumstances where he would be entitled to do so under the relevant laws, the liability of the Company
shall be restricted to the amount to which the Assured’s liability could
have limited under such relevant laws.
Article 3.
The provision of Article 1 shall be also applied to the
vessel which “Protocol of 1996 to Amend the Convention on limitation of Liability for Maritime Claims 1976” shall not be
applied.
13/05/2004
EXCESS COLLISION LIABILITY CLAUSE (B-2)
(FOR 3/4THS COLLISION LIABILITY)
Article 1.
This insurance is extended to cover three-fourths of
collision liability not recoverable in full under Clause 8 and 9 of the
Institute Time Clauses-Hulls 1/10/83 and Clause 6.4.3 of the Institute Time
Clauses-Hulls Disbursements and Increased Value (Total Loss only, including
Excess Liabilities) 1/10/83 by reason of the fact that the sum of such
liability exceeds the insured value on hull and machinery.
In no
case shall the Company’s total liability under this clause and Clause 8 and 9
of the Institute Time Clauses-Hulls 1/10/83
and Clause 6.4.3 of the Institute Time Clause-Hulls Disbursements and Increased
Value (Total Loss only, including Excess
Liabilities) 1/10/83 exceed the three-fourths of sum defined in Article 3-l-(b)
of “Protocol of 1996 to Amend the Convention on
Limitation of Liability for Maritime Claims 1976” in respect of any one claim.
60
Article 2.
Even
if the Assured shall fail to take the appropriate action to limit his
liabilities in the circumstances where he would be entitled to do so under the relevant laws, the liability of the Company
shall be restricted to the amount to which the Assured’s liability could
have limited under such relevant laws.
Article 3.
The
provision of Article 1 shall be also applied to the vessel which “Protocol of
1996 to Amend the Convention on limitation of Liability for
Maritime Claims 1976” shall not be applied.
13/05/2004
EXCESS COLLISION LIABILITY CLAUSE (A-2)
(FOR 4/4THS COLLISION LIABILITY)
Article 1.
This
insurance is extended to cover collision liability (four-fourths) not
recoverable in full under Replaced Clause for Clause 8 and Clause 9 of the
Institute Time Clauses-Hulls 1/10/83 by reason of the fact that the sum of such
liability exceeds the insured value on hull and machinery.
In no case
shall the Company’s total liability under this clause and Replaced Clause for
Clause 8 and Clause 9 of the Institute
Time Clauses-Hulls 1/10/83 exceed the sum defined in Article 3-l-(b) of
“Protocol of 1996 to Amend the Convention on Limitation of
Liability for Maritime Claims 1976” in respect of any one claim.
Article 2.
Even if the Assured shall fail
to take the appropriate action to limit his liabilities in the circumstances
where he would be entitled to do so under the
relevant laws, the liability of the Company shall be restricted to the amount
to which the Assured’s liability could have limited under such relevant
laws.
Article 3.
The
provision of Article 1 shall be also applied to the vessel which “Protocol of
1996 to Amend the Convention on limitation of Liability for
Maritime Claims 1976” shall not be applied.
13/05/2004
EXCESS COLLISION LIABILITY CLAUSE (B-2)
(FOR 4/4THS COLLISION LIABILITY)
Article 1.
This insurance is extended to cover collision liability
(four-fourths) not recoverable in full under Replaced Clause for Clause 8 and Clause 9 of the Institute Time
Clauses-Hulls 1/10/83 and Replaced Clause for Clause 6.4.3 of the Institute Time Clauses-Hulls Disbursements and Increased Value (Total Loss
only, including Excess Liabilities) 1/10/83 by reason of the fact that the sum
of such liability exceeds the insured value on hull and machinery.
In no case
shall the Company’s total liability under this clause and Replaced Clause for
Clause 8 and Clause 9 of the
Institute Time Clauses-Hulls 1/10/83 and
Replaced Clause for Clause 6.4.3 of the Institute Time Clauses-Hulls
Disbursements and Increased Value (Total Loss
only, including Excess Liabilities) 1/10/83 exceed the sum defined in
Article 3-l-(b) of “Protocol of 1996 to Amend
the Convention on Limitation of Liability for Maritime Claims 1976” in
respect of any one claim.
Article 2.
Even
if the Assured shall fail to take the appropriate action to limit his
liabilities in the circumstances where he would be entitled to do so under the relevant laws, the liability of the Company
shall be restricted to the amount to which the Assured’s liability could
have limited under such relevant laws.
Article 3.
The provision of Article 1 shall be also
applied to the vessel which “Protocol of 1996 to Amend the Convention on
61
limitation of Liability for Maritime Claims 1976” shall not be
applied.
1/4/2017
SMALL GENERAL AVERAGE CLAUSES
Article 1.
Notwithstanding
Clause 11of the Institute Time Clauses-Hulls 1/10/83, the Company shall
indemnify the Assured for the whole amount
(commission and interest excluded) which is allowable as general average within
the limit of the amount specified in
the Policy, provided that the Person effecting the insurance or the Assured do
not enforce their right of contribution from other parties.
Article 2.
In
addition to the preceding Article 1., where the contract of affreightment
provides the adjustment shall be according
to the York-Antwerp Rules, 2004, or to the
York-Antwerp Rules, 2016, whichever applicable, the Company shall also
indemnify the Assured for the salvage charges
which shall be deemed to be allowable as general average, in spite of the
Rule VI(Salvage Remuneration)(a) of the
York-Antwerp Rules, 2004, or Rule VI(Salvage Remuneration)(b)(iv) of the
York-Antwerp Rules, 2016, provided that the
salvage charges are paid wholly by the Assured without being contributed
by other parties.
Article 3.
Where the Company has indemnified the Assured under
Article １．of these clauses, Clause 11 of the Institute
Time Clauses-Hulls 1/10/83 shall not apply to such
general average, however, these Clauses shall never prejudice the right of the Assured to recover the cost of repairs for
the damage to the Vessel in consequence of a general average act but not allowable as general average.
FISHING GEAR CLAUSES
1. No claim to attach hereto for loss of or damage to fishing gear
during and as a result of fishing operations.
2. Fishing Gear are all the equipments, such
as Fishing Net or Rope, which are used for fishing operation and are not fixed
to the insured Vessel.
G.A. ETC. CONTRIBUTION CLAUSE
Notwithstanding anything herein contained to the contrary
it is understood and agreed that the vessel hereunder shall be
considered fully insured for the purpose of
contribution to General Average, Salvage, Salvage Charges and Sue and Labour
expenses.
1/4/93
SCRAP VOYAGE CLAUSES
Article 1.
1. In the event of the Vessel sailing (with or
without cargo) with an intention of being (a) broken up, or (b) sold for
breaking up, the total
sum recoverable under this insurance on hull and machinery and also including
disbursements if
any
(hereinafter called “this insurance” subject to any express stipulation in
these clauses) in respect of a claim for total
loss (actual or constructive) occurring
subsequent to such sailing shall in no case exceed the least of the following:
(1) the price of the Vessel
as being broken up stated in the contract of sale (hereinafter called “the
price”), or
(2)
such proportion of the price as the insured amount of this insurance
bears to the total sum of the insured amount
62
of this
insurance and that of any other insurance on hull and machinery and also
including disbursements of the Vessel if
any, or
(3)
the insured amount of this insurance.
2. The expenditure for the voyage may be
included in the price with the consent of the Company prior to the Vessel
sailing.
3. Nothing in this Article 1 shall affect
claims under Clauses 8 and/or 13 of the Institute Time Clauses-Hulls 1/10/83
Amended for Japanese Clauses Class No.5 (4/90) or No.6 (4/93) and
Clauses 6.4.2 and/or 6.4.3 of the Institute Time
Clauses-Hulls
Disbursements and Increased Value (Total Loss only, including Excess
Liabilities) 1/10/83 Amended for Japanese Clauses Class No.5
(4/90) or No.6 (4/90) if attached to this Policy.
Article 2.
In case of Article 1, the following provisions shall apply
in place of Clause 19 of the Institute Time Clauses-Hulls 1/10/83 Amended for Japanese Clauses Class No.5 (4/90) or No.6
(4/93) and Clauses 9.1 and 9.2 of the Institute Time Clauses-Hulls Disbursements and Increased Value (Total Loss only,
including Excess Liabilities) 1/10/83 Amended for Japanese Clauses Class No.5
(4/90) or No.6 (4/90) if attached to this Policy.
(1) In
ascertaining whether the Vessel is a constructive total loss, the price or the
insured value of this insurance on
hull and machinery, whichever is the lesser shall
be taken as the repaired value and nothing in respect of the
damaged or break-up value of the Vessel or wreck shall be taken
into account.
(2) No
claim for constructive total loss based upon the reasonably necessary cost of
recovery and/or repair of the
Vessel as being broken up shall be recoverable
hereunder unless such cost would exceed the price or the insured
value
of this insurance on hull and machinery, whichever is the lesser. In making
this determination only the cost
relating to a single accident or sequence of damages arising from
the same accident shall be taken into account.
Article 3.
In case previous notice of the Vessel sailing has been
given to the Company and the limitation of the Company’s liability has been recognized a return of premium for as arranged shall be allowed at the
termination of this insurance provided that no claim arising from accident
subsequent to such sailing is made under this insurance.
1/4/93
SCRAP VOYAGE CLAUSES (FOR
AMENDED NO.2)
Article 1.
1. In the event of the Vessel sailing (with or without
cargo) with an intention of being (a) broken up, or (b) sold for
breaking up, the total
sum recoverable under this insurance on hull and machinery (hereinafter called
“this insurance”
subject to any express
stipulation in these clauses) in respect of a claim for total loss (actual or
constructive) occurring subsequent to such sailing shall in no case exceed the
least of the following:
(1) the price of the Vessel
as being broken up stated in the contract of sale (hereinafter called “the
price”), or
(2)
such proportion of price as the insured amount of this insurance bears
to the total sum of the insured amount of
this insurance and
that of any other insurance on hull and machinery of the Vessel if any, or
(3)
the insured amount of this insurance.
2. The expenditure for the voyage may be
included in the price with the consent of the Company prior to the Vessel
sailing.
3. Nothing in this Article 1 shall affect claims under Clause 1 1
of the Institute Time Clause-Hulls Amended for Japanese
Clauses Class No.2
(4/90) and the Collision Liability Clauses (4/90) if attached to this Policy.
Article 2.
In case of this Article 1, the
following provisions shall apply in place of Clause 12 of the Institute Time
Clauses-Hulls Amended for Japanese Clauses Class No.2 (4/90).
(1) In
ascertaining whether the Vessel is a constructive total loss, the price or the
insured value of this insurance on
hull and machinery, whichever is the lesser shall
be taken as the repaired value and nothing in respect of the
damaged or break-up value of the Vessel or wreck shall be taken
into account.
(2) No
claim for constructive total loss based upon the reasonably necessary cost of
recovery and/or repair of the
Vessel as being broken up shall be recoverable
hereunder unless such cost would exceed the price or the insured
63
value of this insurance on
hull and machinery, whichever is the lesser. In making this determination only
the cost
relating to a single accident or sequence of damages arising from
the same accident shall be taken into account.
Article 3.
In case previous notice of the Vessel sailing has been
given to the Company and the limitation of the Company’s liability has been recognized a return of premium for
(as arranged) shall be allowed at the termination of this insurance provided
that no claim arising from accident subsequent to such sailing is made under
this insurance.
1/4/2002
SCRAP VOYAGE CLAUSES
(FOR USE WITH AMERICAN INSTITUTE HULL CLAUSES 2/6/77)
Article 1.
1. In the event of the Vessel sailing (with or without
cargo) with an intention of being (a) broken up, or (b) sold for breaking
up, the total sum recoverable under this insurance on hull and machinery
and also including disbursements if any
(hereinafter
called “this
insurance”subject
to any express stipulation in these clauses) in respect of a claim for total
loss (actual or constructive) occurring subsequent to such sailing
shall in no case exceed the least of the following :
(1) the price of the Vessel as being broken
up stated in the contract of sale (hereinafter called“the price”), or
(2) such proportion of the price as the insured amount of this
insurance bears to the total sum of the insured amount of
this insurance and that of any other insurance on
hull and machinery and also including disbursements of the Vessel
if any, or
(3) the insured amount of this insurance.
2. The expenditure for the voyage may be
included in the price with the consent of the Company prior to the Vessel
sailing.
3. Nothing in this Article 1 shall affect
claims under Clause COLLISION LIABILITY and/or SUE AND LABOR of the
“American Institute
Hull Clauses”if
attached to this Policy.
Article 2.
In case of Article 1, the
following provisions shall apply in place of Clause TOTAL LOSS of the“American Institute Hull Clauses”if attached to this Policy.
(1) In ascertaining whether the Vessel is a constructive
total loss, the price or the insured value of this insurance on hull
and machinery, whichever is the lesser shall be
taken as the repaired value and nothing in respect of the damaged
or break-up value of the Vessel or wreck shall be taken into
account.
(2) No claim for constructive total loss
based upon the reasonably necessary cost of recovery and/or repair of the
Vessel
as being broken up shall be recoverable hereunder
unless such cost would exceed the price or the insured value of
this insurance on hull and
machinery, whichever is the lesser. In making this determination only the cost
relating to a single accident or sequence of damages arising from the same
accident shall be taken into account.
Article 3.
In case previous notice of the
Vessel sailing has been given to the Company and the limitation of the
Company's liability has been recognized a
return of premium for as arranged shall be allowed at the termination of this
insurance provided that no claim arising from accident subsequent to such
sailing is made under this insurance.
1/4/92
TERMINATION CLAUSE
Unless the Company agrees to the contrary in
writing, this insurance shall terminate automatically at the time of any change, voluntary or otherwise, in ownership
or flag, transfer to new management, or charter on a bareboat basis, or requisition for title or use of the Vessel.
The Company shall return the unexpired
portion of the premium already received which is calculated on a pro rata daily
64
basis as from the day on which such termination occurred.
1/4/90
DISBURSEMENTS WARRANTY CLAUSE (A)
It is understood and
agreed that this insurance is subject to the following conditions and the
failure to comply therewith
shall render this Company not liable to pay
for any loss or damage occurring thereafter:－
There shall be no insurance that may be taken out with the object of
covering interest of the owner or charterer-by-
demise of the Vessel, irrespective of whether
it be Disbursements, Profits, Increased value or otherwise and also irrespective of whosoever the Assured may be,
except for the insurance on freight or charter money for voyage for the amount actually at risk.
1/4/90
DISBURSEMENTS WARRANTY CLAUSE (B)
It is understood and
agreed that this insurance is subject to the following conditions and the
failure to comply therewith shall render this Company not liable to pay for any
loss or damage occurring thereafter:－
There shall be no insurance for a sum exceeding 25% of the value as
stated herein that may be taken out with the object of covering interest of the
owner or charterer-by-demise of the Vessel, irrespective of whether it be
Disbursements, Profits, Increased Value or otherwise and also
irrespective of whosoever the Assured may be, except for the insurance on
freight or charter money for voyage for the amount actually at risk.
1/4/2021
LAID UP RETURN CLAUSES (HULLS)
1.
In the
case of insurance effected for a period of one year, if the vessel is laid up
(including lay up on the slip or in the
drydock ; hereinafter to be so interpreted)
for a period of 30 or more consecutive days during the insured period, the
Company shall return the premium specified in
the succeeding Article after natural expiry of the insurance, provided
that the ship does not become a total loss (irrespective of
whether resulting from any of the Accident or not) during the
currency of the policy.
When the Policy is cancelled,
the Company shall return the premium specified in the succeeding Article,
provided that the cancellation is due to a
termination of insurable interest or a renewal policy for the same Person
effecting the insurance and the same
Vessel is effected with the Company.
2.
The return premium shall be calculated for each period of lay up
of 30 consecutive separately as follows ;
Premium×Lay up
period/Period of insurance×Return rate (as arranged)
Provided
that when the lay up return period of 30 days include no lay up return period,
daily pro rata premium for no lay up return period is deducted.
3.
In asking for a return of premium under the preceding two
Articles, the Assured shall, as soon as
practicable, give notice of the fact
of commencing the lay up to the Company and obtain the Company's approval to the lay up
location and mooring arrangements.
4.
When the lay up is finished, the Person
effecting the insurance or the Assured shall give notice thereof to the Company
65
and submit the certificate duly certified by the maritime
authorities and other documents required by the Company.
5.
When the fact contrary to the
lay up conditions in all or in part stated in the lay up endorsement is
occurred, no return of premium stated in
the Article１and 2 shall be made except that underwriters
approve that.
6. (Definitions)
In these special clauses,
(1)“Lay up” shall be defined as the case that the insured vessel
should be put into the condition that :
the vessel lay up on a slip or in a drydock for repairs (whether
covered by this insurance or not, provided that such repairs have not resulted
from abrasion, corrosion, rust, deterioration or any other wear and tear of the
vessel and/or following recommendation in the
vessel's Classification society ; hereinafter to be so interpreted), structural
alteration, recommendation in the vessel's Classification society or
mooring.
(2)“the lay up endorsement” shall be defined as that of (including
the change of mooring)issued by the Company in
Article 3.
(3)“no lay up return period ”shall be defined as follows :
(a) repair or structural alteration period
(b) period in special lay up return area (notwithstanding the
vessel is lying in exposed of unprotected water, the
Company shall admit it to
be lay up area specially)
l
1/4/2021
LAID UP RETURN CLAUSES (DISBURSEMENTS)
1.
The Company shall return the premium specified in the
succeeding paragraph after natural expiry of the insurance, provided that a return of premium shall be
made under the LAID UP RETURN CLAUSE (HULLS) attached to Hull insurance Policy issued by the Company on the Vessel.
When the Policy is cancelled,
the Company shall return the premium specified in the succeeding Article,
provided that the cancellation is due to a
termination of insurable interest or a renewal policy for the same Person
effecting the insurance and the same
Vessel is effected with the Company.
2.
The return premium shall be calculated for each period of lay up
of 30 consecutive separately as follows ;
Premium×Lay up period/Period of insurance×Return rate (as arranged)
Provided
that when the lay up return period of 30 days include no lay up return period,
daily pro rata premium for no lay up return period is deducted.
3. (Definitions)
In these special clauses,
(1)“Lay up” shall be defined as the case that the insured
vessel should be put into the condition that :
the vessel lay up on a slip or in a drydock for repairs
(whether covered by this insurance or not, provided that such repairs have not resulted from abrasion, corrosion,
rust,deterioration or any other wear and tear of the vessel and/or following recommendation in the vessel's
Classification society ; hereinafter to be so interpreted), structural alteration,
recommendation in the vessel's Classification society or mooring.
(2)“no lay up return period”shall be
defined as follows :
(a) repair or structural alteration period
(b) period in special lay up return area (notwithstanding the
vessel is lying in exposed of unprotected water, the
Company shall admit it
to be lay up area specially)
66
1/4/90
ICE CLAUSE (A)
In no case shall this insurance cover any
claim for cost of repairs of the damage to the Vessel caused by collision or
contact with ice, between the 15th November and the 30th April,
both days inclusive, but this provision does not apply to
such damage as was inevitably caused in minimizing the loss or
damage (loss or damage caused by ice excluded) covered
under this insurance.
1/4/96
3/4THS COLLISION LIABILITY CLAUSE (A)
The
provisions of Clause 8 of the Institute Time Clauses-Hulls 1/10/83 Amended for
Japanese Clauses Class No.5 (4/90) or No.6 (4/93) shall be replaced by the
followings.
8 3/4THS COLLISION
LIABILITY
8.1 The Underwriters
agree to indemnify the Assured for three-fourths of any sum or sums paid by
the Assured to
any other person or persons by reason of the Assured becoming
legally liable* by way of damages for
8.1.1 loss of or
damage to any other vessel or property on any other vessel
8.1.2 delay to or
loss of use of any such other vessel or property thereon
8.1.3 general average
of, salvage of, or salvage under contract of, any such other vessel or property
thereon,
where such
payment by the Assured is in consequence of the Vessel hereby insured coming
into collision with any other vessel.
8.2 The indemnity provided by this Clause 8 shall be
in addition to the indemnity provided by the other terms and
conditions of this insurance and shall be subject to the following
provisions:
8.2.1 Where the insured Vessel is in collision with
another vessel and both vessels are to blame then, unless the
liability
of one or both vessels becomes limited by law, the indemnity under this Clause
8 shall be calculated on the principle of cross-liabilities as if the
respective Owners had been compelled to pay to each other such proportion of each other’s damages as may have
been properly allowed in ascertaining the balance or sum payable by or
to the Assured in consequence of the collision.
8.2.2 In no case
shall the Underwriters’ total liability under Clauses 8.1 and 8.2 exceed their
proportionate part of
three-fourths of the insured value of the Vessel hereby insured in
respect of any one collision.
8.3 The Underwriters will also pay three-fourths of the
legal costs incurred by the Assured or which the Assured
may be compelled to pay in contesting liability or taking
proceedings to limit liability, with the prior written consent
of the Underwriters.
EXCLUSIONS
8.4 Provided always that this
Clause 8 shall in no case extend to any sum which the Assured shall pay for or
in
respect of
8.4.1 removal
or disposal of obstructions, wrecks, cargoes or any other thing whatsoever
8.4.2 any
real or personal property or thing whatsoever except other vessels or property
on other vessels
8.4.3 the
cargo or other property on, or the engagements of, the insured Vessel
8.4.4 loss
of life, personal injury or illness
8.4.5 pollution
or contamination of any real or personal property or thing whatsoever (except
other vessels with
which the insured Vessel is in collision or property on such other
vessels).
* which the Assured becomes
legally liable to pay to any other person or persons
67
1/4/96
3/4THS COLLISION LIABILITY CLAUSE (B)
The
provisions of Clause 6.4.3 of the Institute Time Clauses-Hulls Disbursements
and Increased Value (Total Loss only,
including Excess Liabilities) 1/10/83
Amended for Japanese Clauses Class No.5 (4/90) or No.6 (4/90) shall be replaced
by
the followings.
6.4.3 Collision Liability (three-fourths) not recoverable in full under the Institute 3/4ths Collision
Liability and
Sistership Clauses in the insurances on hull and
machinery by reason of such three-fourths liability exceeding three-fourths of
the insured value of the Vessel as stated therein, in which case the amount
recoverable under this insurance shall be such proportion of
the difference so arising as the amount insured hereunder bears to the total
sum insured against excess liabilities.
SPECIAL CLAUSE FOR
SUBJECT-MATTER INSURED
The subject matter insured includes fuel, provisions,
stores and all other articles, which are the property of the Bareboat-
charterer and are on board the ship for use
and/or consumption in connection with her employment.
NECESSARY REPAIR CLAUSE
This insurance shall cover the Particular
Average with regard to the cost of repairs necessary to complete voyage provided the damage necessitating these repairs caused by the
Vessel sinking, stranding, grounding, burning, being on fire or in collision or
contact with any external substance other than water.
FISHING VESSEL CLAUSE (NO.6)
Accidents occurring during the operations of
dropping/lifting of fishing gear and/or lifting of catch out of sea are not
within the term “Perils” appearing in 6.2.1. “accidents in loading discharging
or shifting cargo or fuel” of Institute Time Clauses-Hulls
1/10/83 Amended for Japanese Clauses Class No.6 (4/90).
1/4/90
EXPENSE OF SIGHTING THE BOTTOM CLAUSE
It is agreed that the expense of sighting the bottom of the
Vessel, with the consent of the Company, immediately after her stranding, grounding, collision or contact
with any external object other than water, if reasonably incurred specially for
that purpose, shall be paid even if no damage be found.
1/4/92
DEDUCTIBLE CLAUSES (A)
Article 1.
1. No claim arising from a peril insured against shall be
payable under this insurance unless the aggregate of all such
claims arising out of
each separate accident or occurrence (including claims under Clauses 8, 11 and
13 of the Institute
Time Clauses-Hulls 1/10/83 Amended for
Japanese Clauses Class No.5 (4/90)(hereinafter referred to as the “I.T.C.
68
amended No.5”)) exceeds the Deductible specified in the Schedule
in which case this sum shall be deducted.
2. The sum of all claims in Article 1-1 shall
be always limited to the insured value specified in the Schedule. Provided
that each amount of claims under Clauses 8.1, 8.3 and 13 of the I.T.C.
amended No.5 shall be limited to the insured
value
specified in the Schedule respectively, independently of other claims under the
other terms and conditions of this
insurance.
Article 2.
Article 1-1 shall not apply to
a claim for total or constructive total loss of the Vessel or, in the event of
such a claim, to any associated claim under Clause 13 of the I.T.C. amended
No.5 arising from the same accident or occurrence, or to a claim under Expense
of Sighting the Bottom Clause.
1/4/94
DEDUCTIBLE CLAUSES (B)
Article 1.
1. No claim arising from a peril insured against shall be payable under
this insurance unless the aggregate of all such
claims
arising out of each separate accident or occurrence (including claims under
Clauses 8, 11 and 13 of the Institute
Time Clauses-Hulls 1/10/83 Amended for Japanese Clauses Class No.5
(4/90) (hereinafter referred to as the “I.T.C.
amended No.5”)) exceeds the Deductible (A) specified in the
Schedule in which case this sum shall be deducted.
2. Where any claim for the
cost of repairs arising from perils enumerated in the following clauses
(hereinafter referred to
as
“the cost of repairs peculiar to the clauses”) is included in all claims in
Article 1-1, the claim for the cost of repairs peculiar to the clauses shall be subject to the Deductible (B) specified
in the Schedule. Any balance remaining, after application of this
deductible, with any other claim arising from the same accident or occurrence,
shall then be subject to the Deductible (A) specified in the Schedule.
(1) Additional Particular
Average Clauses (B)
(2) Additional Particular
Average Clauses (B-2)
(3) Additional Particular
Average Clauses (C)
(4)
Clauses for the Cost of Repairs of Damage by Explosion (A)
(5)
Clauses for the Cost of Repairs of Damage by Explosion (B)
(6)
Clauses for the Cost of Repairs of Damage by Explosion (C)
3. The sum of all claims in Articles 1-1 and 1-2 shall be always limited to
the insured value specified in the Schedule.
Provided
that each amount of claims under Clauses 8.1, 8.3 and 13 of the I.T.C. amended
No.5 shall be limited to the
insured value specified in the Schedule
respectively, independently of other claims under the other terms and
conditions
of this insurance.
Article 2.
Articles 1-1 and 1-2 shall not
apply to a claim for total or constructive total loss of the Vessel or, in the
event of such a claim, to any associated
claim under Clause 13 of the I.T.C. amended No.5 arising from the same accident
or occurrence, or to a claim under Expense of Sighting the Bottom
Clause.
1/4/93
DEDUCTIBLE CLAUSES (C)
Article 1.
The provision of Clause 12.1 of the Institute Time
Clauses-Hulls 1/10/83 Amended for Japanese Clauses Class No.6 (4/93) (hereinafter referred to as the “I.T.C. amended No.6”)
shall be deleted.
Article 2.
1. No claim arising from a peril insured
against shall be payable under this insurance unless the aggregate of all such
claims arising out of each separate accident or occurrence (including
claims under Clauses 8, 11 and 13 of the I.T.C.
69
amended
No.6) exceeds the Deductible specified in the Schedule in which case this sum
shall be deducted. Nevertheless the
expense of sighting the bottom of the Vessel, with the consent of the Company,
immediately after her stranding, grounding,
collision or contact with any external object other than water, if reasonably
incurred specially for that purpose, shall be paid even if
no damage be found.
2. The sum of all claims in Article 2-1 shall be always
limited to the insured value specified in the Schedule. Provided
that each amount of claims under Clauses 8.1, 8.3 and 13 of the I.T.C.
amended No.6 shall be limited to the insured
value
specified in the Schedule respectively, independently of other claims under the
other terms and conditions of this
insurance.
Article 3.
Article
2-1 shall not apply to a claim for total or constructive total loss of the
Vessel or, in the event of such a claim, to any associated claim under Clause
13 of the I.T.C. amended No.6 arising from the same accident or occurrence.
1/4/93
DEDUCTIBLE CLAUSES (D)
Article 1.
The
provision of Clause 12.1 of the Institute Time Clauses-Hulls 1/10/83 Amended
for Japanese Clauses Class No.6 (4/93) (hereinafter referred
to as the “I.T.C. amended No.6”) shall be deleted.
Article 2.
1. No claim arising from a peril insured against shall be payable under
this insurance unless the aggregate of all such
claims arising out of each separate accident or
occurrence (including claims under Clauses 8, 11 and 13 of the I.T.C. amended No.6) exceeds the Deductible (A)
specified in the Schedule in which case this sum shall be deducted. Nevertheless the expense of sighting the bottom of the Vessel,
with the consent of the Company, immediately after her stranding, grounding,
collision or contact with any external object other than water, if reasonably
incurred specially for that purpose, shall be paid even if no damage be found.
2. Where any claim for the
cost of repairs arising from perils enumerated in Clauses 6.1.6, 6.2.1, 6.2.2,
6.2.3, 6.2.4, 6.2.5
of the I.T.C. amended No.6 and heavy weather and perils
enumerated in the Institute Additional Perils Clauses-Hulls
1/10/83 Amended (4/93) (hereinafter referred
to as “the cost of repairs peculiar to the I.T.C. amended No.6”) is included
in all claims in Article 2-1, the claim for
the cost of repairs peculiar to the I.T.C. amended No.6 shall be subject to the
Deductible (B)
specified in the Schedule. Any balance remaining, after application of this
deductible, with any other
claim arising from the same accident or occurrence, shall then be
subject to the Deductible (A) specified in the Schedule. 3. The sum of all claims in Articles 2-1 and 2-2 shall
be always limited to the insured value specified in the Schedule.
Provided that each amount of
claims under Clauses 8.1, 8.3 and 13 of the I.T.C. amended No.6 shall be
limited to the
insured value specified in the Schedule
respectively, independently of other claims under the other terms and
conditions
of this insurance.
Article 3.
Article 2-1 and 2-2 shall not
apply to a claim for total or constructive total loss of the Vessel or, in the
event of such a
claim, to any associated claim under Clause 13
of the I.T.C. amended No.6 arising from the same accident or
occurrence.
1/4/96
DEDUCTIBLE CLAUSES (A) (FOR 3/4THS COLLISION
LIABILITY)
Article 1.
1. No claim arising from a peril insured
against shall be payable under this insurance unless the aggregate of all such
claims arising out of
each separate accident or occurrence (including claims under Clauses 8, 11 and
13 of the Institute
70
Time
Clauses-Hulls 1/10/83 Amended for Japanese Clauses Class No.5 (4/90)
(hereinafter referred to as the “I.T.C. amended
No.5”)) exceeds the Deductible specified in the Schedule in which case this sum
shall be deducted.
2. The sum of all claims in Article 1-1 shall be always
limited to the insured value specified in the Schedule. Provided
that each amount of
claims under Clauses 8.1, 8.3 and 13 of the I.T.C. amended No.5 shall be
limited to the following
sum respectively, independently of other claims under the other
terms and conditions of this insurance.
(a) amount of claims under
Clause 8.1
three-fourths of the insured value specified in the Schedule
(b)
amount of claims under Clause 8.3
three-fourths of the insured value specified in the Schedule
(c) amount of claims under
Clause 13
the insured value specified in the Schedule
Article 2.
Article
1-1 shall not apply to a claim for total or constructive total loss of the
Vessel or, in the event of such a claim, to any associated claim under Clause
13 of the I.T.C. amended No.5 arising from the same accident or occurrence, or
to a claim under Expense of Sighting the Bottom Clause.
1/4/96
DEDUCTIBLE CLAUSES (C) (FOR 3/4THS COLLISION
LIABILITY)
Article 1.
The
provision of Clause 12.1 of the Institute Time Clauses-Hulls 1/10/83 Amended
for Japanese Clauses Class No.6 (4/93) (hereinafter referred
to as the “I.T.C. amended No.6”) shall be deleted.
Article 2.
1. No claim arising from a peril insured against shall be payable under
this insurance unless the aggregate of all such
claims arising out of each separate accident or
occurrence (including claims under Clauses 8, 11 and 13 of the I.T.C. amended No.6) exceeds the Deductible
specified in the Schedule in which case this sum shall be deducted.
Nevertheless the expense of sighting the bottom of the
Vessel, with the consent of the Company, immediately after her stranding, grounding, collision or contact with any
external object other than water, if reasonably incurred specially for that purpose, shall be paid even if no damage be found.
2. The sum of all claims in Article 2-1 shall be always limited to the
insured value specified in the Schedule. Provided
that
each amount of claims under Clauses 8.1, 8.3 and 13 of the I.T.C. amended No.6
shall be limited to the following sum respectively, independently of other
claims under the other terms and conditions of this insurance.
(a) amount of claims under
Clause 8.1
three-fourths of the insured value specified in the Schedule
(b)
amount of claims under Clause 8.3
three-fourths of the insured value specified in the Schedule
(c) amount of claims under
Clause 13
the insured value specified in the Schedule
Article 3.
Article 2-1 shall not apply to
a claim for total or constructive total loss of the Vessel or, in the event of
such a claim, to any associated claim under Clause 13 of the I.T.C. amended
No.6 arising from the same accident or occurrence.
71
1/4/94
DEDUCTIBLE CLAUSES (FOR WORK BOAT ETC. AMENDED NO.5)
Article 1.
1. No claim for the cost of repairs arising
from sinking, stranding, grounding, burning, fire, collision or contact with
any
external object other than water shall be payable under this insurance
unless the aggregate of all such claims arising
out of
each separate accident or occurrence exceeds the Deductible specified in the
Schedule in which case this sum shall be deducted.
2. The sum of all claims for the cost of repairs in
Article 1-1 shall be always limited to the insured value specified in the
Schedule.
Article 2.
Article 1-1 shall not apply to a claim under Expense of Sighting
the Bottom Clause.
DEDUCTIBLE CLAUSES (G)
(FOR USE ONLY WITH THE INSTITUTE TIME CLAUSES-HULLS
AMENDED FOR JAPANESE CLAUSES CLASS NO.6 4/93)
Article 1.
The
provision of Clause 12.1 of the Institute Time Clauses-Hulls 1/10/83 Amended
for Japanese Clauses Class No.6 (4/93) (hereinafter referred
to as the “I.T.C. amended No.6”) shall be deleted.
Article 2.
No claim, other than claims under Clause 8,
11 and 13 of the “I.T.C. amended No.6” arising from any perils enumerated
in clause 6 of the “I.T.C. amended No.6”, shall be payable under
this insurance unless the aggregate of all such claims
arising out of each separate accident or occurrence exceeds,……… in
which case this sum shall, be deducted.
Nevertheless the expense of sighting the bottom of the Vessel,
with the consent of the Company, immediately after her
stranding, grounding, collision or contact with any external
object other than water, if reasonably incurred specially for
that purpose, shall be paid even if no
damage be found. This Article 2 shall not apply to a claim for total or
constructive
total loss of the Vessel.
1/4/98
DEDUCTIBLE CLAUSES (G)
(FOR USE ONLY WITH THE INSTITUTE TIME CLAUSES-HULLS
1/10/83)
Article 1.
The provision of Clause 12.1 of the Institute Time Clauses-Hulls
1/10/83 shall be deleted.
Article 2.
No claim, other than a claim under Clauses 8, 11 and 13 of the
Institute Time Clauses-Hulls 1/10/83, arising from any of the perils enumerated
in Clause 6 of the Institute Time Clauses-Hulls 1/10/83, shall be payable under
this insurance unless the aggregate of all
such claims arising out of each separate accident or occurrence exceeds ............................................................................................................................. in which case this sum shall be deducted.
Nevertheless the expense of
sighting the bottom after stranding, if reasonably incurred specially for that
purpose, shall
be paid even if no damage be found. This
Article 2 shall not apply to a claim for total or constructive total loss of
the
Vessel.
Article 3.
Claims for damage by heavy weather occurring during a
single sea passage between two successive ports shall be
treated as being due to one accident. In the case of such heavy
weather extending over a period not wholly covered by
72
this
insurance the deductible to be applied to the claim recoverable hereunder shall
be the proportion of the above deductible
that the number of days of such heavy weather falling within the period of this
insurance bears to the number of days of
heavy weather during the single sea passage. The expression “heavy weather” in
this Article 3 shall be deemed to include contact with
floating ice.
Article 4.
Excluding any interest comprised therein, recoveries
against any claim which is subject to the above deductible shall be credited to
the Underwriters in full to the extent of the sum by which the aggregate of the
claim unreduced by any recoveries exceeds the above
deductible.
Article 5.
Interest comprised in recoveries shall be apportioned
between the Assured and the Underwriters, taking into account the sums paid by the Underwriters and dates when such payments
were made, notwithstanding that by the addition of interest the Underwriters
may receive a larger sum than they have paid.
DEDUCTIBLE CLAUSES (H)
(FOR USE ONLY WITH THE INSTITUTE TIME CLAUSES-HULLS
AMENDED FOR JAPANESE CLAUSES CLASS NO.5 4/90)
No claim, other than claims under Clause 8, 11 and 13 of the
Institute Time Clauses-Hulls 1/10/83 Amended for Japanese
Clauses Class No.5 (4/90) (hereinafter
referred to as the “I.T.C. amended No.5”) arising from any perils enumerated in
Clause 6 of the “I.T.C. amended No.5”, shall
be payable under this insurance unless the aggregate of all such claims arising
out of each separate accident or occurrence exceeds,……… in which
case this sum shall, be deducted.
Nevertheless the expense of sighting the bottom
of the Vessel, with the consent of the Company, immediately after her
stranding, grounding, collision or contact
with any external object other than water, if reasonably incurred specially for
that purpose, shall be paid even if no damage be found. This
clause shall not apply to a claim for total or constructive total
loss of the Vessel.
AMERICAN HULL INSURANCE
SYNDICATE
LINER NEGLIGENCE CLAUSE
FOR
ATTACHMENT TO AMERICAN INSTITUTE HULL CLAUSES
(JANUARY 18, 1970)
In consideration of additional premium of as
arranged, it is understood and agreed that the ADDITIONAL PERILS (INCHMAREE) clause of the attached Policy is deleted and in place
thereof the following inserted:
“Subject to the conditions of this Policy, this insurance also
covers:
a.
Breakdown of motor generators or other electrical machinery and
electrical connections there-to; bursting of boilers;
breakage of shafts; or
any latent defect in the machinery or hull;
b. Loss of or damage to the subject matter
insured directly caused by;
1. Accidents on shipboard
or elsewhere, other than breakdown of or accidents to nuclear installations or
reactors on
board the Insured Vessel;
2. Negligence, error of judgment or incompetence of
any person; excluding under both “a” and “b” above only the
cost of repairing, replacing or renewing any part
condemned solely as a result of a latent defect, wear and tear, gradual deterioration or fault or error in design or construction;
provided such loss or damage (either as described in said
“a” or “b” or both) has not resulted from want of due diligence
by the Assured(s), the Owner(s) or Manager(s) of the Vessel, or
any of them, Masters, mates, engineers, pilots or crew not
73
to be considered as part owners within the meaning of this clause
should they hold shares in the Vessel.”
All other terms and conditions remaining unchanged.
LINER NEGLIGENCE CLAUSE (LONDON FORM)
“Subject to the terms and conditions of this Policy, this
insurance is also to cover: Bursting of boilers and/or breakage of shafts.
Damage
to and/or loss of the subject-matter of this insurance caused by any accident
(including loss or damage occasioned through
contact with aircraft), latent defect, malicious act, negligence, error
judgment or incompetence of any person whatsoever, but excluding the cost of repairing
replacing or renewing any defective part condemned solely in consequence of a
latent defect or fault or error in design or construction.
Breakdown of or
accident to nuclear installations of reactors on shipboard or elsewhere.
Provided that such loss or damage has not resulted from
want of due diligence by the owners of the vessel or any of them or by the
managers.
Masters, Mates, Engineers, Pilots or Crew not to be considered as part
owners within the meaning of this clause should they hold shares in the
vessel.”
17/4/72
MACHINERY DAMAGE CO-INSURANCE
CLAUSE FOR USE WITH
AMERICAN INSTITUTE HULL CLAUSES
In the
event of a claim for loss of or damage to any boiler, shaft, machinery or
associated equipment, arising from any of
the causes enumerated in the Additional
Perils (Inchmaree) Clause (except contact with aircraft, rockets or similar
missiles,
or with any land conveyance, drydocks, graving
docks, ways, gridirons or pontoons) attributable in part or in whole to
negligence of Masters, Officers or Crew and
recoverable under this insurance only by reason of the Additional Perils
(Inchmaree) Clause, then the Assured shall,
in addition to the deductible, also bear in respect of each accident or
occurrence
and amount equal to 10% of the balance of such claim. This clause
shall not apply to a claim for total or constructive total
loss of the Vessel.
MACHINERY DAMAGE CO-INSURANCE CLAUSE
FOR USE WITH AMERICAN INSTITUTE HULL CLAUSES
(AMENDMENT)
In the event of a claim for loss of or damage to any boiler,
shaft, machinery or associated equipment arising from any
of the causes enumerated in the Liners Negligence Clause (London
Form) (except contact with aircraft, rockets or similar
missiles, or with any land conveyance,
drydocks, graving docks, ways, gridirons or pontoons) attributable in part or
in
whole to negligence of Masters, Officers or
Crew and recoverable under this insurance only by reason of the Liner
Negligence Clause (London Form), then the
Assured shall, in addition to the deductible, also bear in respect of each
accident or occurrence and amount equal to 10% of the balance of
such claim, but such amount shall be limited to (as per
schedule) of the value agreed on the Vessel. This clause shall not
apply to a claim for total or constructive total loss of the
Vessel.
GENERAL AVERAGE EXTENDED
COVERAGE
Notwithstanding the “General Average and
Salvage” clauses contained in this policy, it is hereby understood and agreed
that, subject to the terms and conditions of this policy, the
underwriters hereon shall pay the whole sum of general average
sacrifices and/or expenses should the assured not be claiming
general average contributions against the other interested
74
parties,
provided that in no event the amount payable under this clause shall exceed as
per schedule on each and any one
accident.
75
(2) LOSS OF TIME/HIRE
LOSS OF CHARTER HIRE INSURANCE
INCLUDING WAR
(ABS 1/10/83 WORDING)
This Insurance is Subject to English law and practice
1. If in consequence of any
of the following events:
(a) loss, damage or occurrence covered by Institute Time Clauses-Hulls
(1/10/83) or Norwegian Hull Form or
American Institute Hull Clauses (2nd June 1977) and also
loss damage or occurrence covered by Institute War and
Strikes Clauses-Hulls (1/10/83) or American Institute Hull War and
Strikes Clauses (1/12/77) plus Addenda 1 and
2,
(Option of clause to be exercised at inception)
(b) breakdown of machinery, including electrical machinery or boilers,
provided that such breakdown has not resulted
from wear and tear or want of due diligence by the Assured,
occurring during the period of this insurance the Vessel
is prevented from earning hire for a period in excess of
{as specified in the Schedule} days in respect
of any accident, then this insurance shall pay {as specified in the
Schedule} of the sum hereby insured for each
24 hours after the expiration of the said days during which the Vessel
is so prevented from earning hire for not exceeding a further {as
specified in the Schedule} days in respect of any
one accident or occurrence (and not exceeding
{as specified in the Schedule} days in all during the currency of
this Insurance (irrespective of the expiry
date of this insurance)), provided that the repairs in respect of which a
claim is made hereunder are completed within 12 months of the
expiry of the period covered by this policy.
2. No claim to attach to this insurance if the occurrence in respect of
which such claim arises is the cause of the Vessel
becoming a Total Loss (Actual or Constructive).
3. In all cases where a recovery is obtained from third parties in respect
of loss of earnings or demurrage such recovery
shall be apportioned between the Assured and the Underwriters as
their respective interests may appear.
4. Subject to current Institute Trading Warranties and, in respect of War
risks, subject to current London Market War Risk
Trading Warranties.
5. Held covered in case of
any breach of warranty as to cargo, trade, locality, towage, salvage services
or date of sailing,
provided
notice be given to the Underwriters immediately after receipt of advices and
any amended terms of cover and any additional premium required by them be
agreed.
6. The expression ‘one accident’ shall be deemed to include all heavy
weather damage occurring during a single sea
passage between two successive ports as defined in Clause 12.2 of
Institute Time Clauses-Hulls (1/10/83).
7. If this insurance attaches or expires during a passage as defined above
heavy weather damage occurring on the same
passage
but outside the period covered by this insurance may be added for the purpose
of calculating the loss provided
the damage sustained during the period covered
hereunder has not been repaired during the passage, but only the
proportion of the loss arising from damage occurring during the
currency of this insurance shall be payable hereunder.
8. It is understood and agreed that if the Vessel is prevented from earning
hire on separate occasions, which shall not in
any event exceed three, in respect of any one accident or
occurrence falling within this insurance, for the purpose of ascertaining the amount claimable hereunder
the total time that the Vessel is off hire shall be taken into account, provided that the repairs are completed within 12 months of the
expiry of this insurance.
76
9. Should the Vessel at the expiration of this insurance
be at sea or in distress, or at port of refuge or of call, she shall,
provided previous notice be given to the Underwriters, be held covered
at a pro rata daily premium to her port of
destination, but in no event
shall such extension affect or postpone the operation of the Institute Notice
of Cancellation and Automatic Termination of Cover Clause for War.
10. In the event of the Vessel named herein being sold or
unchartered, other than by reason of Total or Constructive Total
Loss of Vessel, this
insurance is automatically cancelled. In such event Underwriters agree to
return pro rata nett
monthly premium, provided there are no
claims on the Vessel during the currency of the insurance prior to
cancellation. In no other event shall there be any return of premium (except as
provided under Clause 14.3 below).
This Clause shall prevail notwithstanding
any provisions whether written, typed or printed in the insurance inconsistent
therewith unless especially agreed by Underwriters.
11. Unless the Underwriters agree to the
contrary in writing, this insurance shall terminate automatically at the time
of
change of the
Classification Society of the Vessel, or change, suspension, discontinuance,
withdrawal or expiry of her
Class therein, provided that
if the Vessel is at sea such automatic termination shall be deferred until
arrival at her next port. However where such
change, suspension, discontinuance or withdrawal of her Class has resulted from
loss or damage covered by Clause 1
of this insurance such automatic termination shall only operate should the
Vessel sail from her next port without the prior approval of the Classification
Society.
12. The Assured shall effect, or cause to be effected, all repairs
(temporary or permanent) with due diligence and dispatch.
Underwriters to have
the right to require the Assured to incur any expense which would reduce
Underwriters’ liability
under this insurance provided such expense is for Underwriters’
account.
13. This insurance excludes:
13.1 loss damage liability
or expense arising from
13.1.1 any detonation of any weapon of war
employing atomic or nuclear fission and/or fusion or other like
reaction or
radioactive force or matter, hereinafter called a nuclear weapon of war
13.1.2 the outbreak of war (whether there be a declaration of war
or not) between any of the following countries:
United Kingdom,
United States of America, France, the Russian Federation, the People’s Republic
of
China
13.1.3 requisition or pre-emption
13.1.4 capture seizure arrest restraint
detainment confiscation or expropriation by or under the order of the
Government or
any public or local authority of the country in which the Vessel is owned or
registered
13.1.5 arrest restraint detainment
confiscation or expropriation under quarantine regulations or by reason of
infringement of
any customs or trading regulations
13.1.6 the operation of ordinary judicial process, failure to
provide security or to pay any fine or penalty or any
financial cause
13.2 any claim for any sum recoverable under any other
insurance on the Vessel or which would be recoverable under
such insurance but for the existence of this insurance
13.3 any claim for expenses
arising from delay except such expenses as would be recoverable in principle in
English
law and practice under the York-Antwerp Rules 1974.
14. 14.1 Cover hereunder in respect of the risks of war,
etc., may be cancelled by either the Underwriters or the Assured
77
giving 7 days notice (such
cancellation becoming effective on the expiry of 7 days from midnight of the
day on which notice of cancellation is
issued by or to the Underwriters). The Underwriters agree however to reinstate cover subject to agreement between the Underwriters
and the Assured prior to the expiry of such notice of cancellation as to
new rate of premium and/or conditions and/or warranties.
14.2 Whether or not such notice of cancellation has been
given cover hereunder in respect of the risks of war, etc.,
shall TERMINATE AUTOMATICALLY
14.2.1 upon the occurrence of any hostile
detonation of any nuclear weapon of war as defined in Clause 13.1.1
wheresoever or
whensoever such detonation may occur and whether or not the Vessel may be
involved
14.2.2 upon the outbreak of war (whether there
be a declaration of war or not) between any of the following
countries:
United
Kingdom, United States of America, France, the Russian Federation, the People’s
Republic of
China
14.2.3 in the event of the Vessel being requisitioned, either for
title or use.
14.3 In the event either of cancellation by notice or of
automatic termination of this insurance by reason of the
operation of this Clause 14, pro rata net return of premium shall
be payable to the Assured.
15. Cover in respect of the risks of war, etc., shall not become
effective if, subsequent to acceptance by the Underwriters
and prior to the
intended time of attachment of risk, there has occurred any event which would
have automatically
terminated cover under the provisions of this clause.
LOSS OF CHARTER HIRE INSURANCE
EXCLUDING WAR
(ABS 1/10/83 WORDING)
This Insurance is Subject to English law and practice
1. If in consequence of any of the following events:
(a) loss, damage or occurrence covered by Institute Time Clauses-Hulls
(1/10/83) or Norwegian Hull Form or
American Institute Hull Clauses (2nd June 1977),
(Option of clause to be exercised at inception)
(b) breakdown of machinery, including electrical machinery or boilers,
provided that such breakdown has not resulted
from wear and tear or want of due diligence by the Assured,
occurring during the period of this insurance the Vessel
is prevented from earning hire for a period in excess of
{as specified in the Schedule} days in respect
of any accident, then this insurance shall pay {as specified in the
Schedule} of the sum hereby insured for each
24 hours after the expiration of the said days during which the Vessel
is so prevented from earning hire for not exceeding a further {as
specified in the Schedule} days in respect of any
one accident or occurrence (and not exceeding
{as specified in the Schedule} days in all during the currency of
this insurance (irrespective of the expiry
date of this insurance)), provided that the repairs in respect of which a
claim is made hereunder are completed within 12 months of the
expiry of the period covered by this insurance.
2. No claim to attach to this insurance if the
occurrence in respect of which such claim arises is the cause of the Vessel
becoming a Total Loss
(Actual or Constructive).
78
3. In all cases where a recovery is obtained from third parties in respect
of loss of earnings or demurrage such recovery
shall be apportioned between the Assured and the Underwriters as
their respective interests may appear.
4. Subject to current
Institute Trading Warranties.
5. Held covered in case of
any breach of warranty as to cargo, trade, locality, towage, salvage services
or date of sailing,
provided
notice be given to the Underwriters immediately after receipt of advices and
any amended terms of cover and any additional premium required by them be
agreed.
6. The expression ‘one accident’ shall be deemed to include all heavy
weather damage occurring during a single sea
passage between two successive ports as defined in Clause 12.2 of
Institute Time Clauses-Hulls (1/10/83).
7. If this insurance attaches or expires during a passage as defined above
heavy weather damage occurring on the same
passage
but outside the period covered by this insurance may be added for the purpose
of calculating the loss provided
the damage sustained during the period covered
hereunder has not been repaired during the passage, but only the
proportion of the loss arising from damage occurring during the
currency of this insurance shall be payable hereunder.
8. It is understood and agreed that if the Vessel is prevented from earning
hire on separate occasions, which shall not in
any event exceed three, in respect of any one accident or
occurrence falling within this insurance, for the purpose of ascertaining the amount claimable hereunder
the total time that the Vessel is off hire shall be taken into account, provided that the repairs are completed within 12 months of the
expiry of this insurance.
9. Should the Vessel at the expiration of this insurance be at sea or in
distress, or at port of refuge or of call, she shall,
provided previous notice be given to the Underwriters, be
held covered at a pro rata daily premium to her port of
destination.
10. In the event of the vessel named herein being sold or
unchartered, other than by reason of Total or Constructive Total
Loss of Vessel, this
insurance is automatically cancelled. In such event Underwriters agree to
return pro rata nett
monthly
premium, provided there are no claims on the Vessel during the currency of the
insurance prior to cancellation. In no other event shall there be any return of
premium.
This clause shall prevail
notwithstanding any provisions whether written, typed or printed in the
insurance inconsistent therewith unless especially agreed by Underwriters.
11. Unless the Underwriters agree to the
contrary in writing, this insurance shall terminate automatically at the time
of
change of the
Classification Society of the Vessel, or change, suspension, discontinuance,
withdrawal or expiry of her
Class therein, provided that
if the Vessel is at sea such automatic termination shall be deferred until
arrival at her next port. However where such
change, suspension, discontinuance or withdrawal of her Class has resulted from
loss or damage covered by Clause 1 of
this insurance or which would be covered by an insurance of the Vessel subject
to current Institute War and Strikes Clauses Hulls-Times such automatic
termination shall only operate should the Vessel sail from her next port
without the prior approval of the Classification Society.
12. The Assured shall effect, or cause to be effected, all repairs
(temporary or permanent) with due diligence and dispatch.
Underwriters to have
the right to require the Assured to incur any expense which would reduce
Underwriters’ liability
under this insurance provided such expense is for Underwriters’
account.
13. In no case shall this insurance cover loss damage liability or
expense caused by
13.1 war civil war
revolution rebellion insurrection, or civil strife arising therefrom, or any
hostile act by or against a
belligerent power
13.2 capture seizure arrest
restraint or detainment (barratry and piracy excepted), and the consequences
thereof or any
attempt thereat
79
13.3 derelict mines
torpedoes bombs or other derelict weapons of war.
14. In no case shall this insurance cover loss damage liability or
expense caused by
14.1 strikers, locked-out
workmen, or persons taking part in labour disturbances, riots or civil
commotions
14.2 any terrorist or any
person acting from a political motive.
15. In no case shall this insurance cover loss damage liability or
expense arising from
15.1
the detonation of an explosive
15.2
any weapon of war
and caused by any person acting maliciously or from a political
motive.
16. In no case shall this insurance cover
loss damage liability or expense arising from any weapon of war employing
atomic
or nuclear fission and/or fusion or other like reaction or radioactive
force or matter.
FULL PREMIUM IF CLAIM CLAUSES
(FOR LOSS OF CHARTER HIRE INSURANCE INCLUDING WAR ABS
1/10/83 WORDING)
Article 1.
In case that the Company
becomes liable to indemnify the Assured for loss equivalent to the period of
180 days in all
subject to“Loss of Charter Hire Insurance Including War
ABS 1/10/83 Wording”, the Person effecting the insurance
shall make an additional payment to the
Company of the Balance between the annual premium and the premium
specified in this Policy.
Article 2.
If the
additional payment of the preceding Article has not been made before the
Company make payment of a claim, the Company shall deduct the
amount of the additional payment from the amount of claim.
FULL PREMIUM IF CLAIM CLAUSES
(FOR LOSS OF CHARTER HIRE INSURANCE EXCLUDING WAR ABS
1/10/83 WORDING)
Article 1.
In
case that the Company becomes liable to indemnify the Assured for loss
equivalent to the period of 180 days in all
subject to“Loss
of Charter Hire Insurance Excluding War ABS 1/10/83 Wording”, the Person effecting the insurance
shall make an additional payment to the
Company of the Balance between the annual premium and the premium
specified in this Policy.
Article 2.
If the additional payment of the preceding Article has
not been made before the Company make payment of a claim, the Company shall deduct the amount of the additional payment from
the amount of claim.
1/4/2021
LAID UP RETURN CLAUSES (LOH)
1 The Underwriters agree to return the premium as follows :
80
1.1
For each period of 30 consecutive days the Vessel may be laid up in a port or
in a lay-up area provided such port or
lay-up area is approved
by the Underwriters (with special liberties as hereinafter allowed)
(a).......... (as arranged).......... per cent net not under repair
(b)......... (as arranged).......... per cent net under repair
If the Vessel is under repair during part only of a
period for which a return is claimable, the return shall be calculated pro rata
to the number of days under (a) and (b) respectively.
2 PROVIDED ALWAYS THAT
2.1 a total loss of the Vessel, whether by insured perils or
otherwise, has not occurred during the period covered by this
insurance or any
extension thereof.
2.2 in
no case shall a return be allowed when the Vessel is lying in exposed or
unprotected waters, or in a port or lay-up
area not approved by
the Underwriters but, provided the Underwriters agree that such non-approved
lay-up area is
deemed to be within the
vicinity of the approved port or lay-up area, days during which the Vessel is
laid up in such non-approved lay-up area may
be added to days in the approved port or lay-up area to calculate a period of
30 consecutive days and a return shall be allowed for the proportion of
such period during which the Vessel is actually laid up in the approved port or
lay-up area
2.3 loading or discharging operations or the presence of
cargo on board shall not debar returns but no return shall be
allowed for any period
during which the Vessel is being used for the storage of cargo or for
lightering purposes
2.4 in the event of any amendment of the annual rate, the above
rates of return shall be adjusted accordingly
2.5 in the event of any return recoverable
under this Clause being based on 30 consecutive days which fall on successive
insurances effected for the same Assured, this insurance shall only be
liable for an amount calculated at pro rata of
the period rates 1.1(a) and/or
(b) above for the number of days which come within the period of this insurance
and
to which a return is actually applicable. Such overlapping period
shall run, at the option of the Assured, either from
the first day on which the Vessel is laid up or the first day of a
period of 30 consecutive days as provided under
1.1(a) or (b) or 2.2 above.
81
(3) WAR AND STRIKES
1/10/83
INSTITUTE WAR AND STRIKES CLAUSES
HULLS-TIME
This Insurance is Subject to English law and practice
1
PERILS
Subject always to the exclusions hereinafter referred to,
this insurance covers loss of or damage to the Vessel caused
by
1.1 war civil war
revolution rebellion insurrection, or civil strife arising therefrom, or any
hostile act by or against a
belligerent power
1.2 capture seizure
arrest restraint or detainment, and the consequences thereof or any attempt
thereat
1.3 derelict mines
torpedoes bombs or other derelict weapons of war
1.4 strikers, locked-out
workmen, or persons taking part in labour disturbances, riots or civil
commotions
1.5 any terrorist or any
person acting maliciously or from a political motive
1.6 confiscation or
expropriation.
2 INCORPORATION
The
Institute Time Clauses-Hulls 1/10/83 (including 4/4ths Collision Clause) except
Clauses 1.2, 2, 3, 4, 6, 12, 21.1.8,
22, 23, 24, 25 and 26 are deemed to be
incorporated in this insurance in so far as they do not conflict with the
provisions
of these clauses.
Held
covered in case of breach of warranty as to towage or salvage services provided
notice be given to the Underwriters immediately after receipt of advices and
any additional premium required by them be agreed.
3 DETAINMENT
In the event that the Vessel shall have been the subject
of capture seizure arrest restraint detainment confiscation or
expropriation, and the Assured shall thereby
have lost the free use and disposal of the Vessel for a continuous period of
12 months
then for the purpose of ascertaining whether the Vessel is a constructive total
loss the Assured shall be deemed to have been deprived
of the possession of the Vessel without any likelihood of recovery.
4 EXCLUSIONS
This insurance excludes
4.1 loss damage liability or
expense arising from
4.1.1 any
detonation of any weapon of war employing atomic or nuclear fission and/or
fusion or other like reaction
or radioactive force or matter, hereinafter
called a nuclear weapon of war
4.1.2 the
outbreak of war (whether there be a declaration of war or not) between any of
the following countries:
United Kingdom, United States of America,
France,
the Russian Federation,
the People’s Republic of China
4.1.3 requisition
or pre-emption
4.1.4 capture
seizure arrest restraint detainment confiscation or expropriation by or under
the order of the
government or any public or local authority of the country in
which the Vessel is owned or registered
4.1.5 arrest restraint detainment confiscation or
expropriation under quarantine regulations or by reason of
infringement of any customs or trading regulations
4.1.6 the operation of ordinary judicial process, failure
to provide security or to pay any fine or penalty or any
financial cause
4.1.7 piracy (but
this exclusion shall not affect cover under Clause 1.4).
4.2 loss damage liability
or expense covered by the Institute Time Clauses-Hulls 1/10/83 (including
4/4ths Collision
Clause) or which would be recoverable thereunder but for Clause 12
thereof,
82
4.3 any claim for any sum recoverable under any other
insurance on the Vessel or which would be recoverable under
such insurance but for the existence of this insurance,
4.4 any claim for
expenses arising from delay except such expenses as would be recoverable in
principle in English
law and practice under the York-Antwerp Rules 1974.
5 TERMINATION
5.1 This insurance may be cancelled by either the
Underwriters or the Assured giving 7 days notice (such
cancellation becoming effective on the expiry of 7 days
from midnight of the day on which notice of cancellation is issued by or to the Underwriters). The
Underwriters agree however to reinstate this insurance subject to agreement between the Underwriters and the
Assured prior to the expiry of such notice of cancellation as to new rate of
premium and/or conditions and/or warranties.
5.2 Whether
or not such
notice of cancellation
has been given
this insurance shall
TERMINATE
AUTOMATICALLY
5.2.1 upon the occurrence of any hostile detonation of
any nuclear weapon of war as defined in Clause 4.1.1
wheresoever or whensoever such detonation may occur and whether or
not the Vessel may be involved
5.2.2 upon the outbreak of war (whether there be a
declaration of war or not) between any of the following
countries:
United
Kingdom, United States of America, France, the Russian Federation,
the People’s Republic of China
5.2.3 in the event of the Vessel
being requisitioned, either for title or use.
5.3 In the event either of
cancellation by notice or of automatic termination of this insurance by reason
of the
operation of this Clause 5, or of the sale of the Vessel,
pro rata net return of premium shall be payable to the
Assured.
This insurance shall not become effective if, subsequent
to its acceptance by the Underwriters and prior to the intended time of its attachment, there has occurred any event which would
have automatically terminated this insurance under the provisions of Clause 5
above.
1/10/83
INSTITUTE WAR AND STRIKES CLAUSES
HULLS-TIME (AMENDED TO COVER
DISB’TS INCLUDING EXCESS LIABILITIES)
This Insurance is Subject to English law and practice
1
PERILS
Subject always to the exclusions hereinafter referred to,
this insurance covers loss of or damage to the Vessel caused
by*1
1.1 war civil war
revolution rebellion insurrection, or civil strife arising therefrom, or any
hostile act by or against a
belligerent power
1.2 capture seizure
arrest restraint or detainment, and the consequences thereof or any attempt
thereat
1.3 derelict mines
torpedoes bombs or other derelict weapons of war
1.4 strikers, locked-out
workmen, or persons taking part in labour disturbances, riots or civil
commotions
1.5 any terrorist or any
person acting maliciously or from a political motive
1.6 confiscation or
expropriation.
2 INCORPORATION
The
Institute Time Clauses-Hulls 1/10/ 83 (including 4/4ths Collision Clause)
except Clauses 1.2, 2, 3, 4, 6, 12, 21.1.8, 22,
23, 24, 25 and 26*2 are deemed to be incorporated in this insurance in
so far as they do not conflict with the provisions of these clauses.
83
Held
covered in case of breach of warranty as to towage or salvage services provided
notice be given to the Underwriters immediately after receipt of advices and
any additional premium required by them be agreed.
3 DETAINMENT
In the event that the Vessel shall have been the subject
of capture seizure arrest restraint detainment confiscation or
expropriation, and the Assured shall thereby
have lost the free use and disposal of the Vessel for a continuous period of
12 months
then for the purpose of ascertaining whether the Vessel is a constructive total
loss the Assured shall be deemed to have been deprived
of the possession of the Vessel without any likelihood of recovery.
4 EXCLUSIONS
This insurance excludes
4.1 loss damage liability or
expense arising from
4.1.1 any
detonation of any weapon of war employing atomic or nuclear fission and/or
fusion or other like reaction
or radioactive force or matter, hereinafter
called a nuclear weapon of war
4.1.2 the
outbreak of war (whether there be a declaration of war or not) between any of
the following countries:
United Kingdom, United States of America,
France,
the Russian Federation,
the People’s Republic of China
4.1.3 requisition
or pre-emption
4.1.4 capture
seizure arrest restraint detainment confiscation or expropriation by or under
the order of the
government or any public or local authority of the country in
which the Vessel is owned or registered
4.1.5 arrest restraint detainment confiscation or
expropriation under quarantine regulations or by reason of
infringement of any customs or trading regulations
4.1.6 the operation
of ordinary judicial process, failure to provide security or to pay any fine or
penalty or any
financial cause
4.1.7 piracy (but
this exclusion shall not affect cover under Clause 1.4).
4.2 loss damage liability or expense covered by the
Institute Time Clauses-Hulls 1 /10/83 (including 4/4ths Collision
Clause) or which would be recoverable thereunder but for Clause 12
thereof, *3
4.3 any claim for any sum recoverable under any other
insurance on the Vessel or which would be recoverable under
such insurance but for the existence of this insurance,
4.4 any claim for expenses
arising from delay except such expenses as would be recoverable in principle in
English
law and practice under the York-Antwerp Rules
1974.
5 TERMINATION
5.1 This insurance may be cancelled by either the Underwriters or the
Assured giving 7 days notice (such
cancellation becoming effective on the expiry of 7 days
from midnight of the day on which notice of cancellation is issued by or to the Underwriters). The
Underwriters agree however to reinstate this insurance subject to agreement between the Underwriters and the
Assured prior to the expiry of such notice of cancellation as to new rate of
premium and/or conditions and/or warranties.
5.2 Whether
or not such
notice of cancellation
has been given
this insurance shall
TERMINATE
AUTOMATICALLY
5.2.1 upon the occurrence of any hostile detonation of
any nuclear weapon of war as defined in Clause 4.1.1
wheresoever or whensoever such detonation may occur and whether or
not the Vessel may be involved
5.2.2 upon the outbreak of war (whether there be a
declaration of war or not) between any of the following
countries:
United
Kingdom, United States of America, France, the Russian Federation,
the People’s Republic of China
5.2.3 in the event of the Vessel
being requisitioned, either for title or use.
5.3 In the event either of
cancellation by notice or of automatic termination of this insurance by reason
of the
84
operation
of this Clause 5, or of the sale of the Vessel, pro rata net return of premium
shall be payable to the
Assured.
This insurance shall not become effective if, subsequent
to its acceptance by the Underwriters and prior to the intended time of its attachment, there has occurred any event which would
have automatically terminated this insurance under the provisions of Clause 5
above.
*1
*2
*3
total loss (actual or constructive) of the subject matter insured
caused by
Disbursements
and Increased Value (T.L.O. including Excess Liabilities) 1.10.83 (including
4/4ths Collision Clause) except clauses 1.2, 2, 3, 4, 6.1, 6.2, 6.3, 11, 12,
13, 14 and 15.
Disbursements and Increased
Value (T.L.O. including Excess Liabilities) 1.10.83 (including 4/4ths Collision
Clause)
1/10/83
INSTITUTE WAR AND STRIKES CLAUSES
HULLS-TIME AMENDED (1/4/97)
This Insurance is Subject to English law and practice
1 PERILS
Subject always to the exclusions hereinafter referred to,
this insurance covers loss of or damage to the Vessel caused
by
1.1 war civil war
revolution rebellion insurrection, or civil strife arising therefrom, or any
hostile act by or against a
belligerent power
1.2 capture seizure
arrest restraint or detainment, and the consequences thereof or any attempt
thereat
1.3 derelict
mines torpedoes bombs or other derelict weapons of war
1.4 strikers, locked-out
workmen, or persons taking part in labour disturbances, riots or civil
commotions
1.5 any terrorist or any
person acting maliciously or from a political motive
1.6 confiscation or
expropriation.
*1 1.7
2 I NCORPORATION
The
Institute Time Clauses-Hulls 1/10/83 (including 4/4ths Collision Clause) except
Clauses 1.2, 2, 3, 4, 6, 12, 21.1.8,
22, 23, 24, 25 and 26 are deemed to be
incorporated in this insurance in so far as they do not conflict with the
provisions
of these clauses.
Held
covered in case of breach of warranty as to towage or salvage services provided
notice be given to the Underwriters immediately after receipt of advices and
any additional premium required by them be agreed.
3
DETAINMENT
In the event that the Vessel shall have been the subject
of capture seizure arrest restraint detainment confiscation or
expropriation, and the Assured shall thereby
have lost the free use and disposal of the Vessel for a continuous period of
12 months
then for the purpose of ascertaining whether the Vessel is a constructive total
loss the Assured shall be deemed to have been deprived
of the possession of the Vessel without any likelihood of recovery.
4 EXCLUSIONS
This insurance excludes
4.1 loss damage liability or
expense arising from
4.1.1 any
detonation of any weapon of war employing atomic or nuclear fission and/or
fusion or other like reaction
or radioactive force or matter, hereinafter called a nuclear
weapon of war
4.1.2 the outbreak of
war (whether there be a declaration of war or not) between any of the following
countries:
United Kingdom, United States of America, France,
85
the Russian Federation,
the People’s Republic of China
4.1.3 requisition or pre-emption
4.1.4 capture seizure arrest
restraint detainment confiscation or expropriation by or under the order of the
government or any public or local authority of the country in
which the Vessel is owned or registered
4.1.5 arrest restraint detainment confiscation or
expropriation under quarantine regulations or by reason of
infringement of any customs or trading regulations
4.1.6 the
operation of ordinary judicial process, failure to provide security or to pay
any fine or penalty or any
financial cause
4.1.7 piracy
(but this exclusion shall not affect cover under Clause 1.4).
4.2 loss damage liability or expense covered by the Institute Time
Clauses-Hulls 1/10/83 (including 4/4ths
Collision Clause) *2 or which would be recoverable thereunder but for Clause 12 thereof,
*3
4.3 any claim for any sum recoverable under any other
insurance on the Vessel or which would be recoverable under
such insurance but for the existence of this insurance,
4.4 any claim for
expenses arising from delay except such expenses as would be recoverable in
principle in English
law and practice under the York-Antwerp Rules 1974.
5 TERMINATION
5.1 This insurance may be cancelled by either
the Underwriters or the Assured giving 7 days notice (such
cancellation becoming effective on the expiry of 7 days
from midnight of the day on which notice of cancellation is issued by or to the Underwriters).
The Underwriters agree however to reinstate this insurance subject to agreement between the Underwriters and the
Assured prior to the expiry of such notice of cancellation as to new rate of
premium and/or conditions and/or warranties.
5.2 Whether
or not such
notice of cancellation
has been given
this insurance shall
TERMINATE
AUTOMATICALLY
5.2.1 upon the occurrence of any hostile detonation of
any nuclear weapon of war as defined in Clause 4.1.1
wheresoever or whensoever such detonation may occur and whether or
not the Vessel may be involved
5.2.2 upon the outbreak of war
(whether there be a declaration of war or not) between any of the following
countries:
United Kingdom, United States of America, France, the Russian
Federation, the People’s Republic of China
5.2.3 in the event of the Vessel
being requisitioned, either for title or use.
5.3 In the event either of
cancellation by notice or of automatic termination of this insurance by reason
of the
operation of this Clause 5, or of the sale of the Vessel,
pro rata net return of premium shall be payable to the
Assured.
This insurance shall not become effective if, subsequent
to its acceptance by the Underwriters and prior to the intended time of its attachment, there has occurred any event which would
have automatically terminated this insurance under the provisions of Clause 5
above.
*1
*2
*3
1.7 violent theft by persons from outside the Vessel or piracy
the Institute Time Clauses Hulls 1/10/83 Amended for
Japanese Clauses Class No.5 (4/90) or No.6 (4/93) and the attached clauses thereof which are applied to marine hull
insurance on the Vesse1
of the Institute Time Clauses-Hulls 1/10/83 Amended for Japanese
Clauses Class No.6 (4/93)
86
1/10/83
INSTITUTE WAR AND STRIKES CLAUSES
HULLS-TIME AMENDED TO COVER
DISBURSEMENTS ETC. AGAINST T.L.O. (4/96)
This Insurance is Subject to English law and practice
1 PERILS
Subject always to the exclusions hereinafter referred to,
this insurance covers loss of or damage to the Vessel caused
by*1
1.1 war civil war
revolution rebellion insurrection, or civil strife arising therefrom, or any,
hostile act by or against
a belligerent power
1.2 capture seizure
arrest restraint or detainment, and the consequences thereof or any attempt
thereat
1.3 derelict
mines torpedoes bombs or other derelict weapons of war
1.4 strikers, locked-out
workmen, or persons taking part in labour disturbances, riots or civil
commotions
1.5 any terrorist or any
person acting maliciously or from a political motive
1.6 confiscation or
expropriation.
*2 1.7
2 INCORPORATION
The
Institute Time Clauses-Hulls 1/10/ 83 (including 4/4ths Collision Clause)
except Clauses 1.2, 2, 3, 4, 6, 12, 21.1.8, 22,
23, 24, 25 and 26*3 are deemed to be incorporated in this insurance in
so far as they do not conflict with the provisions of these clauses.
Held
covered in case of breach of warranty as to towage or salvage services provided
notice be given to the Underwriters immediately after receipt of advices and
any additional premium required by them be agreed.
3 DETAINMENT
In the event that the Vessel shall have been the subject
of capture seizure arrest restraint detainment confiscation or
expropriation, and the Assured shall thereby
have lost the free use and disposal of the Vessel for a continuous period of
12 months
then for the purpose of ascertaining whether the Vessel is a constructive total
loss the Assured shall be deemed to have been deprived
of the possession of the Vessel without any likelihood of recovery.
4 EXCLUSIONS
This insurance excludes
4.1 loss damage liability or
expense arising from
4.1.1 any
detonation of any weapon of war employing atomic or unclear fission and/or
fusion or other like reaction
or radioactive force or matter, hereinafter called a nuclear
weapon of war
4.1.2 the outbreak of
war (whether there be a declaration of war or not) between any of the following
countries:
United Kingdom, United States of America, France, the Russian Federation
,the People’s Republic of China
4.1.3 requisition or pre-emption
4.1.4 capture seizure arrest
restraint detainment confiscation or expropriation by or under the order of the
government or any public or local authority of the country in
which the Vessel is owned or registered
4.1.5 arrest restraint detainment confiscation or
expropriation under quarantine regulations or by reason of
infringement of any customs or trading regulations
4.1.6 the operation of ordinary judicial process, failure
to provide security or to pay any fine or penalty or any
financial cause
4.1.7 piracy (but
this exclusion shall not affect cover under Clause 1.4).
4.2 loss damage liability or expense covered by the
Institute Time Clauses-Hulls 1 /10/83 (including 4/4ths Collision
Clause) or which would be recoverable thereunder but for Clause 12
thereof, *4
4.3 any claim for any sum recoverable under any other
insurance on the Vessel or which would be recoverable under
87
such insurance but for the existence of this insurance,
4.4 any claim for
expenses arising from delay except such expenses as would be recoverable in
principle in English
law and practice under the York-Antwerp Rules 1974.
5 TERMINATION
5.1 This insurance may be cancelled by either
the Underwriters or the Assured giving 7 days notice (such cancellation
becoming
effective on the expiry of 7 days from midnight of the day on which notice of
cancellation is issued by or to the Underwriters). The Underwriters agree
however to reinstate this insurance subject to agreement between the Underwriters and the Assured prior to the
expiry of such notice of cancellation as to new rate of premium and/or
conditions and/or warranties.
5.2 Whether or not such notice of cancellation has
been given this insurance shall TERMINATE AUTOMATICALLY
5.2.1 upon the occurrence of any hostile detonation of
any nuclear weapon of war as defined in Clause 4.1.1
wheresoever or whensoever such detonation may occur and whether or
not the Vessel may be involved
5.2.2 upon the outbreak of war (whether there be a
declaration of war or not) between any of the following
countries:
United Kingdom, United States of America, France, the Russian
Federation,
the People’s Republic of China
5.2.3 in the event of
the Vessel being requisitioned, either for title or use.
5.3 In the event either of cancellation by
notice or of automatic termination of this insurance by reason of the
operation of this Clause 5, or of the sale of the
Vessel, pro rata net return of premium shall be payable to the
Assured.
This insurance shall not become effective if, subsequent
to its acceptance by the Underwriters and prior to the intended time of its attachment, there has occurred any event which would
have automatically terminated this insurance under the provisions of Clause 5
above.
*1total loss (actual or
constructive) of the subject-matter insured caused by
*21.7 violent theft by persons
from outside the Vessel or piracy.
*3Disbursements and Increased Value (Total Loss only,
including Excess Liabilities) 1/10/83 Amended for Japanese
Clauses Class No.5 (4/90) or No.6 (4/90) (including 4/4ths Collision
Clause) except Clauses 1.2,2,3,4,6,11,12,13,14
and 15
*44Disbursements and Increased
Value (Total Loss only, including Excess Liabilities) 1/10/83 Amended for
Japanese
Clauses Class No.5 (4/90)
or No.6 (4/90)
1/4/2014
WAR RISK PROTECTION AND INDEMNITY CLAUSES
(HULLS)
1. This insurance is extended to cover the liability of the
Assured for Protection and Indemnity against the risks excluded
from the Marine
Protection and Indemnity Policy by reason of the F.C. and S. Clause and the
liability of the Assured
for
Protection and Indemnity Risks as a result of strikes, lockout, political or
labour disturbances, riots, civil
commotions or acts of persons acting
maliciously. In the event that Protection and Indemnity Risks are not insured
against Marine Perils, this insurance shall be construed as if
such insurance had been covered by The United Kingdom
Mutual Steam Ship Assurance Association (Europe) Limited,
Protecting and Indemnity Club.
2. In the event that the Marine Protection and
Indemnity Policy omits and/or excludes any of Protection and Indemnity
Risks covered by The United Kingdom Mutual Steam Ship Assurance
Association (Europe) Limited, such omitted
and/or excluded Protection and Indemnity Risks shall be included
in such insurance.
88
3. Notwithstanding the provisions of Clause 1, this
insurance is not extended to cover the liability of the Assured to the
crew of the insured vessel except for Contractual Repatriation Expense of
any member of the crew as a result of the
perils covered by the above.
4. Claims for which these Underwriters shall be liable under these
clauses shall not be subject to any deduction.
5. The liability of Underwriters under these clauses in respect of
any accident or series of accidents arising out of the same
casualty shall be
limited to the sum hereby insured.
6. This Protection and Indemnity insurance shall
terminate automatically at the same time as the Hull Insurance against
War Risks and upon the
terms and conditions provided for in the Automatic Termination Clauses of the
Hull War Risk
Policy.
1/4/2014
WAR RISK PROTECTION AND
INDEMNITY CLAUSES
(HULLS)
(FOR USE WITH INSTITUTE WAR AND STRIKES CLAUSES
HULLS-TIME 1/10/83 AMENDED (4/93))
Article 1.
The
Company shall indemnify the Assured, according to the Institute War and Strikes
Clauses Hulls-Time(1/10/83) Amended(4/93) (hereinafter
called the “IWSC Amended”) and these clauses, for a sum or sums paid by the
Assured in respect of liabilities or expenses that are excluded by the
Protection and Indemnity Club, to which the Vessel belongs, from its coverage by reason of those liabilities
and expenses arising from war, mines and other explosives, capture, seizure,
strikes or civil commotions etc..
Provided always that
(a) such liabilities or
expenses shall be caused by the perils mentioned in Clause 1 of the IWSC
Amended
(b)
such payments of liabilities or expenses shall have been made by the
Assured with the prior written consent of
the Company.
2. Where the Protection and Indemnity Club to which
the Vessel belongs excludes a part or parts of liabilities or
expenses which are covered by The United Kingdom Mutual
Steam Ship Assurance Association (Europe) Limited (hereinafter called the “U. K. Club”), the preceding
paragraph shall be applied in the same way as if the Vessel had belonged to the U. K. Club.
3. Where the Vessel does
not belong to any Protection and Indemnity Club, paragraph 1 shall be applied
in the same
way as if the Vessel had belong to the U. K. Club.
Article 2.
The
Company shall also pay the necessary or useful legal costs incurred by the
Assured, in taking proceedings or
defensive legal action with the prior written
consent of the Company or referring the dispute to arbitration upon
consultation with the Company, for the purpose
of averting or minimising a loss which would be recoverable under
these clauses.
Article 3.
Notwithstanding
the provisions of Article 1, the Company shall not indemnify the Assured for
liabilities or expenses to
Master, Officers or Crew of the Vessel other
than repatriation expenses for any member of Master, Officers or Crew.
Article 4.
The
indemnity under these clauses shall be in addition to the indemnity recoverable
under the other terms and conditions of
this insurance, but it shall be calculated in such proportion as the insured
amount bears to the insured value, and shall be limited to the amount specified
in the schedule in respect of any one accident.
89
1/12/75
WAR RISK PROTECTION AND
INDEMNITY CLAUSES
(DISBURSEMENTS)
1. If the amount of the liability for Protection and Indemnity
Risks under the War Risk Protection and Indemnity Clauses
(Hulls) attached to the Hull War Risk Policy issued by the Company on
the Vessel exceeds the sum insured by the Hull
War Risk Policy, this insurance is extended to cover the excess.
2. The liability of Underwriters under these clauses in respect of
any accident or series of accidents arising out of the same
casualty shall be
limited to the sum hereby insured.
3.
This Protection and Indemnity insurance shall terminate automatically at the
same time as the Disbursements Insurance
against War Risks and
upon the terms and conditions provided for in the Automatic Termination Clauses
of the
Disbursements War Risk Policy.
1/4/93
WAR RISK PROTECTION AND
INDEMNITY CLAUSES
(DISBURSEMENTS)
(FOR USE WITH INSTITUTE WAR AND STRIKES CLAUSES
HULLS-TIME 1/10/83 AMENDED (4/93))
Article 1.
If liabilities or expenses
covered under the War Risk Protection and Indemnity clauses (Hulls) exceed the
sum insured in the Hull War Risk Policy,
the Company shall indemnify the Assured for the excess according to the
Institute War and Strikes Clauses Hulls-Time Amended (4/93) and these clauses.
Article 2.
The
indemnity under these clauses shall be in addition to the indemnity recoverable
under the other terms and conditions of
this insurance, but it shall be calculated in such proportion as the insured
amount bears to the insured value, and shall be limited to the amount specified
in the schedule in respect of any one accident.
WAR RISK PROTECTION AND
INDEMNITY CLAUSES
(CREW LIABILITY)
(Liability of Indemnification)
Article 1.
Notwithstanding
the provision of Article 3 of the War Risk Protection and Indemnity Clauses
(Hulls), the Company
shall indemnify the Person effecting the
insurance or the Assured (hereinafter called the “Assured”), according to
Article 1 of the War Risk Protection and
Indemnity Clauses (Hulls) and these WAR RISK PROTECTION AND
INDEMNITY CLAUSES (CREW LIABILITY), for any sum or sums paid by
the Assured to Master, Officers or Crew
of the Vessel (hereinafter called the
“seaman”) or their bereaved families by reason of the Assured assuming the
liabilities mentioned in (1), (2) and (6)
below under the statutory obligation or under the Labour Agreement, the
Employment Regulations, the Accident
Compensation Regulations or the Contracts of Service or Employment,
including such expenses incurred by the Assured as listed below,
incidental to the liabilities or otherwise.
Provided always that
(a) such payments of
liabilities or expenses shall have been made by the Assured with the prior
written consent of the
Company
(b) the amount
recoverable under the Workmen’s Accident Compensation Insurance Law, the
Seamen’s Insurance
Law and other Workmen’s accident compensation laws
or ordinances of Japan or any other country shall not be
indemnified hereunder.
90
(1) Liability for
loss of life of the seaman (including presumption of death due to being
missing; hereinafter to be so
interpreted)
(2) Liability for the
permanent physical handicaps of the seaman in the performance of his duties
(3) Compensation for
medical treatment (as provided for in Articles 89 and 90 of the Seamen’s Law of
Japan), injury
or sickness
allowances, convalescence allowances and travelling expenses for nursing in
cases where the seaman
has sustained an injury or contracted a sickness in the
performance of his duties
(4) Expenses incurred in
saving the life of the seaman, searching for dead body of the seaman,
delivering the remains
of, ashes of, and
articles left by the seaman and funeral expenses
(5) Missing allowances in
cases where the seaman has become missing in the performance of his duties
(6) Liability for loss of
or damage to the effects of the seaman
(7) Necessary expenses
incurred in sending a substitute to replace the seaman in consequence of his
loss of life, injury
or sickness
(8) Wages payable to the seaman who has lost
employment in consequence of an Actual or Constructive Total Loss of
the Vessel
(Legal Costs)
Article 2.
The
Company shall also pay the necessary or useful legal costs incurred by the
Assured, in taking proceedings or
defensive legal action with the prior written
consent of the Company or referring the dispute to arbitration upon
consultation with the Company, for the purpose
of averting or minimising a loss which would be recoverable under
these clauses.
(Relation to other
Insurances)
Article 3.
In case of the whole or a part
of the sums to be paid under these clauses being recoverable under other
insurances, the Company shall only pay the sums which exceed the amount
recoverable under such insurances.
(Limit of Liability
for Indemnification)
Article 4.
The indemnity under these clauses shall be in addition to
the indemnity recoverable under the other terms and conditions
of this insurance, but it shall be always
limited to the following amount per capita in respect of any one accident:
(1) the limit of
liability specified in the Policy in respect of the aggregate sums of the
liabilities and the expenses
mentioned in Article
1. (1) to (3) and (8)
(2) the amount
equivalent to 20% of the limit of liability specified in the Policy in respect
of the aggregate sums of
the liabilities and the expenses mentioned in
Article 1. (4) to (7) and Article 2. in addition to the indemnity
recoverable under (1) above.
BLOCKING AND TRAPPING ETC. WORDING
(LOSS OF HIRE/LOSS OF TIME) (1/4/2013)
1. INTEREST INSURED HEREUNDER
Hire,
reward, charterage, or expenditure in respect of the Vessel specified in the
Schedule (hereinafter called the Vessel). Schedule also to contain daily indemnity and excess, the
voyage or period and the geographical limits of the Policy and to form part of
this Policy.
2. COVERAGE
(A) If in consequence of
(i) a
peril covered under the Institute War and Strikes Clauses Hulls-Time (1/10/83),
piracy, violent theft, and
barratry of Master
Officer or Crew but average irrespective of percentage
(ii) the
confiscation, expropriation, nationalization or detention of the Vessel by, or
under the order of any
government or local
authority
(iii) the closure, blockage or blockade (other than civil
blockade) of the area or the means of exit therefrom or of
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any port,
canal, channel, river, waterway or other place or of the means of exit
therefrom within the area described in the Schedule or
any part thereof
during
the currency of this Policy the Vessel be prevented from earning hire or
reward, or be prevented from earning anticipated
hire or reward, or be obliged to continue to expend charterage, or be obliged
to continue expenditure in excess of
the excess period stipulated in the Schedule, then this Policy will pay the
daily indemnity stated in the Schedule for each period of
twenty four consecutive hours during which the Vessel is so prevented, or so
obliged, for not exceeding the number of
periods of twenty four hours stated in the Schedule in respect of any
occurrence, and subject to the overall limit stated therein.
(B)
Clause 13 of the Institute Time Clauses-Hulls (1/10/83) is deemed to be
incorporated in this insurance in so far as
it does not conflict
with the provision of these clauses.
However, no claim shall be payable under this insurance in
respect of charges incurred by the Assured in accordance
with Clause 13 of the said Clauses unless with the prior consent of
Underwriters.
3. EXCLUSIONS
No claims shall be payable under this Policy
(A) if such perils or combination of such perils shall have been
effective at the time of attachment of this insurance
(B) in respect of any claims for any sum
recoverable under any other insurance on the Vessel or which would be
recoverable under
such insurance but for the existence of this insurance
(C)
unless the repairs in respect of which a claim is made hereunder shall be
completed within 12 months of the expiry
of the period covered
by this Policy
(D) in respect of any period after the Vessel having
become a Total Loss (Actual or Constructive or Arranged or
Compromised)
(E) due to loss damage
liability or expense arising from
(i) any detonation of any
weapon of war employing atomic or nuclear fission and/or fusion or other like
reaction
or radioactive force
or matter, hereinafter called a nuclear weapon of war
(ii) the outbreak of war
(whether there be a declaration of war or not) between any of the following
countries:
United Kingdom,
United States of America, France,
the Russian Federation,
the People’s Republic of China (iii) requisition or pre-emption
(iv)
confiscation and/or nationalisation and/or any other act of government or local
authority of the country stated
in “Flag” in the
Schedule
(v) capture, seizure, arrest, restraint,
detainment, confiscation or nationalisation by the government of the country
in which the Vessel
is owned or registered
(vi) arrest, restraint or detainment under quarantine
regulations or by reason of infringement of any customs or
trading regulations
(vii) the operation of ordinary judicial process, failure
to provide security or to pay any fine or penalty or any
financial cause.
4. WARRANTIES
(A) The Assured shall make all reasonable
efforts to obtain the release of the Vessel, and shall subrogate to
Underwriters all
rights against any other parties.
(B) Warranted that the Assured comply in all respects
with the laws (local or otherwise) of the country in whose waters
the Vessel is situated and should failure so to
do prejudice this insurance to extent of a loss, no liability will attach
hereunder.
(C) Warranted all necessary permits obtained.
5. TERMINATION
(A) This insurance may be cancelled by either the Underwriters or
the Assured giving 7 days notice (such cancellation
becoming effective on
the expiry of 7 days from midnight of the day on which notice of cancellation
is issued by
or to the Underwriters). The
Underwriters agree however to reinstate this insurance subject to agreement
between
the Underwriters and the Assured prior to the expiry of such
notice of cancellation as to new rate of premium
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and/or conditions and/or warranties.
(B) Whether or not such notice of cancellation has been given this
insurance shall TERMINATE AUTOMATICALLY
(i)
upon the occurrence of any hostile detonation of any nuclear weapon of
war as defined in Clause 3 (E) (i)
wheresoever or
whensoever such detonation may occur and whether or not the Vessel may be
involved
(ii) upon the
outbreak of war (whether there be a declaration of war or not) between any of
the following countries:
United Kingdom, United States of America, France,
the Russian Federation,
the People’s Republic of China
(iii) in the event of the Vessel being requisitioned, either for
title or use
(iv) upon any sale or other change of management or ownership
unless with the prior consent of Underwriters.
(C) In the event either of cancellation by notice or of automatic termination
of this insurance pro-rata net return of
premium
shall be payable to the Assured, provided that no claims shall attach to the
Vessel concerned. In no other
circumstance shall any return of premium be
due once this insurance is effected except with the specific agreement
of Underwriters.
1/4/2009
VIOLENT THEFT, PIRACY AND
BARRATRY EXTENSION-FOR USE WITH
THE INSTITUTE WAR & STRIKES
CLAUSES HULLS-TIME 1/10/83
Where the war and strikes insurance of the vessel is
written on terms which include the Institute War & Strikes Clauses Hulls-Time 1/10/83, the said clauses are hereby amended as
follows:
1 Three new clauses shall be inserted after clause 1.6 as follows:
“1.7
violent theft by persons from outside the Vessel
1.8 piracy
1.9 barratry
of Master Officers or Crew”
2 Clause 4.1.7 shall be deleted
3 Clause 4.2 shall be deleted and replaced by the following:
“loss damage
liability or expense covered by the Institute Time Clauses Hulls - Time 1/10/83
(including 4/4ths Collision Clause) or which would be recoverable thereunder
but for Clause 12 thereof, as amended by “Violent Theft, Piracy and Barratry
Exclusion-for use with Institute Time Clauses Hulls 1/10/83 (1/4/09)”,”
4 A new clause 4(a) shall
be inserted after clause 4 as follows:
“4(a) No
claim arising from a peril insured against under clause 1.7 or clause 1.8 above
shall be payable under this
insurance unless the aggregate of all such claims
arising out of each separate accident or occurrence (including
any associated sue
and labour, general average and salvage or collision liability claims) exceeds
the deductible amount agreed (if any) in which case this sum shall be deducted.
This clause 4(a) shall not apply to a claim for total or constructive total loss of the vessel or, in the event of such a
claim, to any associated sue and labour claim arising from the same
accident or occurrence.”
1/4/2009
VIOLENT THEFT, PIRACY AND
BARRATRY EXTENSION-FOR USE WITH
THE INSTITUTE WAR & STRIKES CLAUSES HULLS-TIME
(AMENDED TO COVER
DISBURSEMENTS INCLUDING EXCESS LIABILITIES) 1/10/83
Where the war and strikes insurance of the vessel is
written on terms which include the Institute War & Strikes Clauses
Hulls-Time (Amended to cover Disbursements including Excess
Liabilities) 1/10/83, the said clauses are hereby amended
as follows:
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Three new clauses shall be inserted after clause 1.6 as follows:
“1.7 violent theft by
persons from outside the Vessel
1.8 piracy
1.9 barratry of Master Officers or Crew”
Clause 4.1.7 shall be deleted
Clause 4.2 shall be deleted and replaced by the following:
“loss damage
liability or expense covered by the Institute Time Clauses Hulls Disbursements
and Increased Value (Total Loss only, including Excess Liabilities) 1/10/83
(including 4/4ths Collision Clause), as amended by “Violent Theft, Piracy and Barratry Exclusion-for use with Institute Time
Clauses Hulls Disbursements and Increased Value (Total Loss only, including
Excess Liabilities) 1/10/83 (1/4/09)”,”
“WAR ETC.” P. AND I. CLAUSE
A. This insurance
is also to cover such protection and indemnity risks which are excluded from
the marine insurance by
reason of the operation of the F.C. and S (and S.R. and C.C. and
M.D. etc where applicable) clause or clauses in the rules
of the club covering protection and indemnity risks or in the
policy of the insurance covering such risks and current at the
time of happening of the accident or
occurrence giving rise to the claim. In the event that protection and indemnity
risks
are not insured against marine perils this insurance shall be
construed as if such insurance had been covered by the United
Kingdom Mutual Steamship Assurance Association Ltd.-protecting and
indemnity clubs, but excluding crew risks.
B. This insurance is also to cover liability of
the Assured for contractual repatriation expenses of any member of the crew as
a result of perils insured under “A” above.
C.
Claims for which the underwriters shall be liable under these clauses
shall not be subject to any deduction.
D. The liability of
underwriters under these clauses in respect of any one accident or series of
accidents arising out of the same casualty shall be
limited to the sum hereby insured.
E. Should the vessel at the natural expiry time
of this policy be at sea, and provided the automatic termination clauses in the hull war risk policy have not by that time been
brought into operation, this insurance shall be extended, provided previous notice be given to the underwriters, at a
premium to be mutually agreed until midnight, G.M.T. of the day on which
the vessel is moored at the next port to which she proceeds and 24 hours
thereafter.
F. This protection
and indemnity insurance shall terminate automatically at the same time as the
hull insurance against
war risks and upon the terms and conditions provided for in the
automatic termination clauses of the hull war risk policy.
LONDON BLOCKING AND TRAPPING ADDENDUM
(FOR USE WITH INSTITUTE WAR AND STRIKES CLAUSES HULLS
(1/10/83))
It is
hereby agreed that the inability of the Vessel to sail from any port, canal,
waterway or other place to the high seas for a continuous period of 12 months
as a result of the closure of the connecting channel to all vessels of such
size or draft is within the term “RESTRAINT” appearing in clause 3 of the
Institute War and Strikes Clauses-Hulls 1/10/83 provided that such closure has
arisen through the blockage of the waterway by a warlike act or act of national
defence.
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1/4/97
LONDON BLOCKING AND TRAPPING ADDENDUM
(FOR USE WITH INSTITUTE WAR AND
STRIKES CLAUSES HULLS 1/10/83 AMENDED
(1/4/97)
It is hereby agreed that inability of the Vessel to sail
from any port, canal, waterway or other place to the high seas for a
continuous period of 12 months as a result of
the closure of the connecting channel to all vessels of such size or draft is
within the term “restraint” appearing in
clause 3 of the Institute War and Strikes Clauses-Hulls 1/10/83 Amended (4/97)
provided that such closure has arisen through the blockage of the
waterway by a warlike act or act of national defence.
HULL WAR SPECIAL CLAUSE
IN RESPECT OF FISHING OR REEFER BOAT
The Company shall not be liable to pay for any loss or damage
caused in consequence of the Vessel being engaged in, or about to be engaged in
illegal fishing (including carriage of fish and/or fishery products from
fishing grounds) which is in violation of the laws or regulations of Japan or
any other country, or of the treaties ratified between Japan and any other
country, or in consequence of the Vessel being charged with such violation
irrespective of actual guilt.
1/4/2010
PREMIUM CLAUSES
(ADDITIONAL PREMIUM FOR WAR
RISKS DEVIATION)
In respect of any additional premium as per Clause 2. in
“Navigation Limitation for Hull War, Strikes, Terrorism and Related Perils”,
1. Article 3. and Article 4. of PREMIUM CLAUSE(A-2) and
Article 4. and Article 7.1. of PREMIUM CLAUSES(B-2)
shall not be
applicable.
2. In
the event of non-payment of premium within 30 days after the Company’s issuing
debit note, the Company shall not
be liable for any
losses occur after the due date of premium.
3. In
the event of non-payment of premium within 30 days after the Company’s issuing
debit note, the Company shall be
entitled to cancel the insurance by sending notice of cancellation to
Person(s) effecting the insurance. Such cancellation
shall take effect from the due date of premium.
1/4/2023
INSTITUTE NOTICE OF CANCELLATION
AUTOMATIC
TERMINATION OF COVER AND WAR AND NUCLEAR
EXCLUSIONS CLAUSE-HULLS, ETC.
AMENDED
This clause shall be paramount and shall override anything
contained in this insurance inconsistent therewith
1. Cancellation
Cover hereunder in respect of the risks of
war etc. may be cancelled by either the Underwriters or the Assured
giving
7 days
notice (such cancellation becoming effective on the expiry of 7 days from
midnight of the day on which notice
of cancellation is issued by or to the Underwriters)*1. Notwithstanding the foregoing, where the circumstances involve
one of the five powers (United Kingdom, United
States of America, France, the Russian Federation, the People’s
Republic of China), the Notice shall be 72
hours*2. The Underwriters agree however to reinstate cover subject to
agreement between the Underwriters and the
Assured prior to the expiry of such notice of cancellation as to new rate
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of premium and/or conditions and/or warranties.
2.
Automatic Termination of Cover
Whether or not such notice of cancellation has been given
cover hereunder in respect of the risks of war etc. shall TERMINATE AUTOMATICALLY
2.1 upon the outbreak of war (whether there be a declaration of
war or not) between any of the following :
United Kingdom, United States of America,
France, the Russian Federation, the People’s Republic of China
2.2 in respect of any vessel, in connection
with which cover is granted hereunder in the event of such vessel being
requisitioned either
for title or use.
3. Five Powers War and
Nuclear Exclusions
This insurance excludes
3.1 loss damage liability or expense arising from
3.1.1 the outbreak of war (whether there be a declaration of war
or not) between any of the following :
United Kingdom, United States of America, France, the Russian
Federation, the People’s
Republic of China
3.1.2 requisition either for title or use.
3.2 loss damage liability or expense directly or indirectly caused
by or arising from
3.2.1 ionising, radiations from or contamination by radioactivity
from any nuclear fuel or from any nuclear waste
or from the
combustion of nuclear fuel
3.2.2 the radioactive, toxic, explosive or other
hazardous or contaminating properties of any nuclear installation,
reactor or other
nuclear assembly or nuclear component thereof
3.2.3 any weapon of war employing atomic or nuclear
fusion and/or fusion or other like eaction or radioactive force
or matter.
4. Law and Practice
This clause is subject to English law and practice.
Cover in respect of the risks of war etc. shall not
become effective if subsequent to acceptance by the Underwriters and prior to the intended time of attachment of risk, there has
occurred any event which would have automatically terminated cover under the
provisions of this clause.
*1 such cancellation becoming effective on the expiry of 7 days
from midnight of the designated day (not earlier than the
day on which notice of
cancellation is issued by or to the Underwriters)
*2 such cancellation becoming effective on the expiry of
72 hours from midnight of the designated day (not earlier than
the day on which notice
of cancellation is issued by or to the Underwriters)
1/4/2023
INSTITUTE NOTICE OF CANCELLATION
AUTOMATIC TERMINATION OF COVER
AND WAR AND NUCLEAR
EXCLUSIONS
CLAUSE-HULLS, ETC. (FOR I.W.S.C. AMENDED ETC.)
This clause shall be
paramount and shall override anything contained in this insurance inconsistent
therewith
1.
Cancellation
Cover hereunder in respect of the risks of
war etc. may be cancelled by either the Underwriters or the Assured
giving
7 days
notice (such cancellation becoming effective on the expiry of 7 days
from midnight of the day on which notice
of cancellation is issued by or to the
Underwriters)＊1. Notwithstanding the foregoing, where the
circumstances involve
one of the five powers (United Kingdom, United
States of America, France, the Russian Federation, the People’s
Republic of China), the Notice shall be 72
hours*2. The Underwriters agree however to reinstate cover subject to
agreement between the Underwriters and the
Assured prior to the expiry of such notice of cancellation as to new rate
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of premium and/or conditions and/or warranties.
2. Automatic
Termination of Cover
Whether or not such notice of cancellation has been given
cover hereunder in respect of the risks of war etc. shall TERMINATE AUTOMATICALLY
2.1 upon the outbreak of
war (whether there be a declaration of war or not) between any of the
following:
United Kingdom, United States of America, France, the Russian
Federation, the People’s Republic of China
2.2 in respect of any vessel, in connection with which
cover is granted hereunder in the event of such vessel being
requisitioned either for title or use.
3. Five Powers War and Nuclear Exclusions
This insurance excludes
3.1 loss damage liability
or expense arising from
3.1.1 the outbreak of war
(whether there be a declaration of war or not) between any of the following:
United Kingdom, United States of America, France, the
Russian Federation, the People’s Republic of
China
3.1.2
requisition either for title or use.
3.2 loss damage liability
or expense directly or indirectly caused by or arising from
3.2.1
ionising, radiations from or contamination by radioactivity from any
nuclear fuel or from any nuclear
waste or from
the combustion of nuclear fuel
3.2.2 the
radioactive, toxic, explosive or other hazardous or contaminating properties of
any nuclear
installation,
reactor or other nuclear assembly or nuclear component thereof
3.2.3 any weapon of war employing atomic or
nuclear fusion and/or fusion or other like reaction or radioactive
force or
matter.
4. Law and Practice
This clause is subject to English law and practice.
Cover in respect of the risks of war etc. shall not
become effective if subsequent to acceptance by the Underwriters and prior to the intended time of attachment of risk, there has
occurred any event which would have automatically terminated cover under the
provisions of this clause.
*1
such cancellation becoming effective on the expiry of 7 days from midnight of
the designated day (not earlier than the day on which notice of cancellation is
issued by the Underwriters)
*2 such cancellation becoming effective on the expiry of
72 hours from midnight of the designated day (not earlier than the day on which notice of cancellation is issued by the
Underwriters)
1/4/96
INCORPORATION CLAUSE
The Institute Time Clauses-Hulls 1/10/83 Amended for Japanese
Clauses Class No.5 (4/90) or No.6 (4/93) (including
4/4ths Collision Clause) except Clauses 1.2,
2, 3, 6, 12, 23, 24 and 25 are deemed to be incorporated in this insurance in
so far as they do not conflict with the
provisions of the Institute War and Strikes Clauses Hulls-Time 1/10/83 Amended
(4/97).
Held covered in case of breach of warranty as to towage
or salvage services provided notice be given to the Underwriters immediately
after receipt of advices and any additional premium required by them be agreed.
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1/4/2012
PREMIUM PAYMENT CLAUSE (LSW3000
AMENDED)
The assured(s) undertakes that premium will be paid in
full to the company by the due date specified in the company’s
debit note.
If the premium due under this policy has not been so
paid to the company by the due date specified in the company’s debit note the company shall have the right to
cancel this policy by notifying the assured(s) in writing. In the event of cancellation, premium is due to the company on a pro rata basis
for the period that the company is on the risk but the full policy premium
shall be payable to the company in the event of a loss or occurrence prior to
the date of termination which gives rise to a valid claim under this policy.
It is agreed that the insurance company shall give not
less than 15days prior notice of cancellation to the assured(s). If premium due is paid in full to the insurance
company before the notice period expires, notice of cancellation shall automatically be revoked.
If not, the policy shall automatically terminate at the end of the
notice period.
Unless otherwise agreed, the insurance company (and
Agreement Parties if appropriate) is authorized to exercise rights under this clause on their own behalf and on behalf of all
co-insurer(s) in this contract.
If any provision of this clause is found by any court or
administrative body of competent jurisdiction to be invalid or
unenforceable, such invalidity or
unenforceability will not affect the other provisions of this clause which
remain in full
force and effect.
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(4) BUILDERS’ RISKS
1/6/88
INSTITUTE CLAUSES FOR BUILDERS’ RISKS AMENDED (4/96)
(This Insurance is Subject to English law and
practice)
VESSEL .............................................................. Contract or Yard No..............................................................................
BUILDERS......................................................................................................................................
BUILDERS’ YARDS......................................................................................................................................
SUBJECT OF INSURANCE
(Where more than one part of the subject-matter insured
is described in Section I(A), Section I(B) or Section II below, then the
respective wording of Section I(A), Section I(B) or Section II shall be applied
to each part separately.)
SECTION I.
Provisional Period................... from............................................................................
but this insurance to terminate upon delivery to Owners if prior
to expiry of Provisional Period.
(A) HULL and MACHINERY etc. under construction at the yard or
other premises of the Builders.
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The subject-matter of this sub-section (A) is covered
whilst at Builders’ Yard and at Builders’ premises elsewhere within
the port or place of construction at which
the Builders’ Yard is situated and whilst in transit between such locations.
The Underwriters’ liability in respect of
each item of this sub-section (A) which is at such locations shall attach from
the time:-
(i) of inception of this
Section I if such item has already been allocated to the Vessel;
(ii) of delivery to Builders of such item (if
allocated) when delivered after inception of this Section I; (iii) of
allocation by Builders if allocated after inception of this Section I.
(B) MACHINERY etc. insured hereon whilst under construction by
Sub-Contractors.
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The subject-matter of this sub-section (B) is covered
whilst at Sub-Contractors’ works and at Sub-Contractors’ premises elsewhere
within the port or place of construction at which the Sub-Contractors’ works
are situated and whilst in transit between such locations.
The Underwriters’ liability in respect of each item of
this sub-section (B) which is at such locations shall attach from
the time:-
(i) of inception of this
Section I if such item has already been allocated to the Vessel;
(ii) of delivery to the Sub-Contractors of such
item (if allocated) when delivered after inception of this Section I;
(iii) of
allocation by the Sub-Contractors if allocated after inception of this Section
I.
The subject-matter of this sub-section (B) is also covered
whilst:-
(a) in
transit to Builders if the transit is within the port or place of construction
at which the Builders’ Yard is
situated;
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(b) at
Builders’ Yard and at Builders’ premises elsewhere within the port or place of
construction at which the
Builders’ Yard is
situated and whilst in transit between such locations.
SECTION
II. Provisional Period................... from............................................................................
but this insurance to terminate upon delivery to Owners if prior
to expiry of Provisional Period. MACHINERY etc. insured hereon from delivery to
Builders.
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The subject-matter of this Section II is
covered whilst at Builders’ Yard and at Builders’ premises elsewhere within the
port or place of construction at which the Builders’ Yard is
situated and whilst in transit between such locations. The
Underwriters’ liability in respect of each item of this Section II
shall attach from the time of delivery to Builders.
1 INSURED VALUE
1.1 Whereas
the value stated herein is provisional, it is agreed that the final contract
price, or the total building cost
plus..................................... % whichever is the greater, of the subject-matter of this insurance
shall be the insured
value.
1.2 Should
the insured value, determined as above,
1.2.1 exceed
the provisional value stated herein, the Assured agree to declare to the
Underwriters hereon the
amount of such excess and to pay premium thereon at the
full policy rates, and the Underwriters agree to accept their proportionate shares of the increase,
or
1.2.2 be less than the provisional value stated herein,
the sum insured by this insurance shall be reduced
proportionately and the Underwriters agree to return
premium at the full policy rates on the amounts by which their respective lines are reduced.
1.3 Nevertheless should
the insured value exceed 125% of the provisional value, then the limits of
indemnity under
this insurance shall be 125% of the provisional value,
any one accident or series of accidents arising out of the
same event.
1.4 Notwithstanding the above it is understood and
agreed that any variation of the value for insurance on account
of a material alteration in the plans or fittings of the
Vessel or a change in type from that originally contemplated
does not come within the scope of this clause
and such a variation requires the specific agreement of the
Underwriters.
2 TRANSIT
Held covered at a premium to be arranged for transit not provided
for in Section I or II above.
3 DELAYED
DELIVERY
Held covered at a premium to be arranged in the event of
delivery to Owners being delayed beyond *1the provisional period(s) mentioned above, but in no case shall any additional
period of cover extend beyond 30 days from completion of Builders’ Trials.
4 DEVIATION
OR CHANGE OF VOYAGE
Held
covered in case of deviation or change of voyage, provided notice be given to
the Underwriters immediately after receipt of advices and any amended terms of
cover and any additional premium required by them be agreed.
5 PERILS
5.1 SUBJECT ALWAYS TO ITS TERMS, CONDITIONS AND
EXCLUSIONS this insurance is against all risks of
loss of or damage to the subject-matter insured caused and
discovered during the period of this insurance including
the cost of repairing replacing or renewing any defective part condemned solely
in consequence of the discovery therein
during the period of this insurance of a latent defect. In no case shall this
insurance cover the cost of renewing faulty welds.
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5.2 In
case of failure of launch, the Underwriters to bear all subsequent expenses
incurred in completing launch.
6 EARTHQUAKE AND VOLCANIC ERUPTION EXCLUSION
In no
case shall this insurance cover loss damage liability or expense caused by
earthquake or volcanic eruption*2. This exclusion applies to all
claims including claims under Clauses 13, 17, 19 and 20.
7 POLLUTION HAZARD
This insurance covers loss of or damage to the Vessel
caused by any governmental authority acting under the powers
vested in it to prevent or mitigate a pollution hazard, or threat
thereof, resulting directly from damage to the Vessel for
which the Underwriters are liable under this
insurance, provided such act of governmental authority has not resulted
from want of due diligence by the Assured,
the Owners, or Managers of the Vessel or any of them to prevent or mitigate
such hazard or threat. Master, Officers,
Crew or Pilots not to be considered Owners within the meaning of this Clause
7 should they hold shares in the Vessel.
8 FAULTY
DESIGN
Notwithstanding anything to the contrary which may be
contained in the Policy or the clauses attached thereto, this insurance includes loss of or damage to the
subject-matter insured caused and discovered during the period of this insurance arising from faulty design of any part or parts thereof
but in no case shall this insurance extend to cover the cost or expense of
repairing, modifying, replacing or renewing such part or parts, nor any cost or
expense incurred by reason of betterment or alteration in design.
9 NAVIGATION
9.1 With
leave to proceed to and from any wet or dry docks, harbours, ways, cradles and
pontoons within the port
or place of construction and to proceed under own power,
loaded or in ballast, as often as required, for fitting
out, docking, trials or delivery, within a
distance by water of 250 nautical miles of the port or place of
construction, or held covered at a premium to be arranged in the
event of such distance being exceeded.
9.2 Any movement of the Vessel in tow outside the port
or place of construction held covered at a premium to be
arranged, provided previous notice be given to the Underwriters.
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DEDUCTIBLE
10.1 No claim arising from a peril insured against shall
be payable under this insurance unless the aggregate of all
such
claims arising out of each separate accident or occurrence (including claims
under Clauses 13, 17, 19 and
20) exceeds the amount specified in the
Policy in which case this sum shall be deducted. Nevertheless the
expense of sighting the bottom after
stranding, if reasonably incurred specially for that purpose, shall be paid
even if no damage be found. This Clause 10.1 shall not apply to a
claim for total or constructive total loss of the
Vessel or, in the event of such a claim, to any associated claim
under Clause 20 arising from the same accident
or occurrence.
10.2 Claims for damage by
heavy weather occurring during a single sea passage between two successive
ports shall
be treated as being due to one accident. In the case of
such heavy weather extending over a period not wholly covered
by this insurance the deductible to be applied to the claim recoverable
hereunder shall be the proportion of the
above deductible that the number of days of such heavy weather falling within
the period of this insurance bears to the number of days of heavy
weather during the single sea passage. The expression “heavy weather” in this
Clause 10.2 shall be deemed to include contact with floating ice.
10.3 Excluding any
interest comprised therein, recoveries against any claim which is subject to
the above deductible
shall be credited to the Underwriters in full to the
extent of the sum by which the aggregate of the claim unreduced
by any recoveries exceeds the above deductible.
10.4 Interest comprised in recoveries shall be
apportioned between the Assured and the Underwriters, taking into
account
the sums paid by the Underwriters and the dates when such payments were made,
notwithstanding that by the addition of interest the Underwriters may receive a
larger sum than they have paid.
11 UNREPAIRED DAMAGE
11.1 The measure of
indemnity in respect of claims for unrepaired damage shall be the reasonable
depreciation in the
market value of
the Vessel at the time this insurance terminates arising from such unrepaired
damage, but not
exceeding the reasonable cost of repairs.
11.2
In no case shall the Underwriters be liable for unrepaired damage in the
event of a subsequent total loss (whether
101
or not
covered under this insurance) sustained during the period covered by this
insurance or any extension
thereof.
11.3 The Underwriters shall not be liable in
respect of unrepaired damage for more than the insured value at the time
this insurance
terminates.
12 CONSTRUCTIVE TOTAL
LOSS
12.1 In ascertaining
whether the subject-matter insured is a constructive total loss, the insured
value shall be taken as
the repaired value
and nothing in respect of the damaged or break-up value shall be taken into
account.
12.2 No claim for constructive total loss based
upon the cost of recovery and/or repair shall be recoverable hereunder
unless such cost
would exceed the insured value. In making this determination, only the cost
relating to a single
accident or sequence of damages arising from the same accident
shall be taken into account.
13
GENERAL AVERAGE AND SALVAGE
13.1
This insurance covers the Vessel’s proportion of salvage, salvage
charges and/or general average, reduced in
respect of any under-insurance, but in case of
general average sacrifice of the Vessel the Assured may recover in
respect of the whole loss without first enforcing their right of
contribution from other parties.
13.2
Adjustment to be according to the law and practice obtaining at the
place where the adventure ends, as if the
contract of affreightment contained no special
terms upon the subject; but where the contract of affreightment
so provides the adjustment shall be according to the York-Antwerp
Rules.
13.3 When the Vessel sails
in ballast, not under charter, the provisions of the York-Antwerp Rules, 1974
(excluding
Rules XX and XXI)
shall be applicable, and the voyage for this purpose shall be deemed to
continue from the
port or
place of departure until the arrival of the Vessel at the first port or place
thereafter other than a port or
place of refuge or a port or place of call for bunkering only. If
at any such intermediate port or place there is an
abandonment of the adventure originally contemplated the voyage
shall thereupon be deemed to be terminated.
13.4 No claim
under this Clause 13 shall in any case be allowed where the loss was not
incurred to avoid or in
connection with
the avoidance of a peril insured against.
14
NOTICE OF CLAIM
In the event of loss damage liability or expense which
may result in a claim under this insurance, prompt notice shall be given to the Underwriters prior to repair
and, if the subject-matter is under construction abroad, to the nearest Lloyd’s
Agent*3 so that a surveyor may be appointed to represent the
Underwriters should they so desire.
15 CHANGE OF INTEREST
Any change of interest in the subject-matter insured shall not
affect the validity of this insurance.
16
ASSIGNMENT
No assignment of or interest in this insurance or in any
moneys which may be or become payable thereunder is to be binding on or recognised by the Underwriters
unless a dated notice of such assignment or interest signed by the Assured, and by the assignor in the case of subsequent
assignment, is endorsed on the Policy and the Policy with such endorsement is produced before payment of any claim or return of
premium thereunder.
17
COLLISION LIABILITY
17.1 The Underwriters
agree to indemnify the Assured for any sum or sums paid by the Assured to any
other person
or persons by
reason of the Assured becoming legally liable by way of damages for
17.1.1 loss of or damage
to any other vessel or property on any other vessel
17.1.2 delay to or loss
of use of any such other vessel or property thereon
17.1.3 general average of, salvage of, or salvage under
contract of, any such other vessel or property thereon, where
such
payment by the Assured is in consequence of the Vessel hereby insured coming
into collision with any other vessel.
17.2 The indemnity provided by this Clause 17
shall be in addition to the indemnity provided by the other terms and
conditions of this
insurance and shall be subject to the following provisions:
17.2.1 Where the insured Vessel is in collision with
another vessel and both vessels are to blame then, unless the
liability of one or both vessels becomes limited by law,
the indemnity under this Clause 17 shall be calculated
on the principle of cross-liabilities as if the respective Owners
had been compelled to pay to each other such
proportion of each other’s damages as may have been properly
allowed in ascertaining the balance or sum
102
payable by or to the Assured in consequence of the collision.
17.2.2 In no case shall the Underwriters’ total liability
under Clause 17.1 and 17.2 exceed their proportionate part
of the insured value of the Vessel hereby insured in respect of
any one such collision.
17.3 The Underwriters will
also pay the legal costs incurred by the Assured or which the Assured may be
compelled
to pay in
contesting liability or taking proceedings to limit liability, with the prior
written consent of the
Underwriters.
EXCLUSIONS
17.4
Provided always that this Clause 17 shall in no case extend to any sum
which the Assured shall pay for or in
respect of
17.4.1 removal or
disposal of obstructions, wrecks, cargoes or any other thing whatsoever
17.4.2 any real or
personal property or thing whatsoever except other vessels or property on other
vessels
17.4.3 the cargo or
other property on, or the engagements of, the insured Vessel
17.4.4 loss of life,
personal injury or illness
17.4.5 pollution or
contamination of any real or personal property or thing whatsoever (except
other vessels with
which the insured Vessel is in collision or property on such other
vessels).
18
SISTERSHIP
Should the Vessel hereby insured come into collision with
or receive salvage services from another vessel belonging wholly or in part to the same Owners or
under the same management, the Assured shall have the same rights under this insurance as they would have were the other vessel entirely the
property of Owners not interested in the Vessel hereby insured; but in such
cases the liability for the collision or the amount payable for the services
rendered shall be referred to a sole
arbitrator to be agreed upon between the Underwriters and the Assured.
19 PROTECTION AND
INDEMNITY
19.1 The Underwriters
agree to indemnify the Assured for any sum or sums paid by the Assured to any
other person
or persons by
reason of the Assured becoming legally liable, as Owner of the Vessel, for any
claim, demand,
damages
and/or expenses, where such liability is in consequence of any of the following
matters or things and arises from an accident or
occurrence during the period of this insurance:
19.1.1 loss of or damage to any fixed or movable object
or property or other thing or interest whatsoever, other than
the Vessel, arising from any cause whatsoever in so far as such
loss or damage is not covered by Clause 17
19.1.2 any attempted or actual raising, removal or
destruction of any fixed or movable object or property or other
thing, including the wreck of the Vessel, or any neglect or
failure to raise, remove, or destroy the same
19.1.3 liability
assumed by the Assured under contracts of customary towage for the purpose of
entering or leaving
port or manoeuvring within the port
19.1.4 loss of life,
personal injury, illness or payments made for life salvage.
19.2
The Underwriters agree to indemnify the Assured for any of the following
arising from an accident or occurrence
during the period of this insurance:
19.2.1 the additional
cost of fuel, insurance, wages, stores, provisions and port charges reasonably
incurred solely
for the purpose of landing from the Vessel sick or injured persons
or stowaways, refugees, or persons saved
at sea
19.2.2 additional
expenses brought about by the outbreak of infectious disease on board the
Vessel or ashore
19.2.3 fines imposed on
the Vessel, on the Assured, or on any Master Officer crew member or agent of
the Vessel
who is
reimbursed by the Assured, for any act or neglect or breach of any statute or
regulation relating to the operation of the Vessel, provided that the
Underwriters shall not be liable to indemnify the Assured for any fines which result from any act neglect failure or
default of the Assured their agents or servants other than Master
Officer or crew member
19.2.4 the expenses of the removal of the wreck of the
Vessel from any place owned, leased or occupied by the
Assured
19.2.5 legal costs
incurred by the Assured, or which the Assured may be compelled to pay, in
avoiding, minimising
or contesting liability with the prior written consent of the
Underwriters.
103
EXCLUSIONS
19.3
Notwithstanding the provisions of Clauses 19.1 and 19.2 this Clause 19
does not cover any liability cost or
expense arising in
respect of:
19.3.1 any direct or indirect payment of the Assured
under workmen’s compensation or employers’ liability acts and
any other statutory or common law, general maritime law
or other liability whatsoever in respect of accidents
to or illness of workmen or any other
persons employed in any capacity whatsoever by the Assured or
*4others in on or about or in connection with the Vessel or her cargo
materials or repairs
19.3.2 liability
assumed by the Assured under agreement expressed or implied in respect of death
or illness of or
injury to any person employed under a contract
of service or apprenticeship by the other party to such
agreement
19.3.3 punitive
or exemplary damages, however described
19.3.4 cargo
or other property carried, to be carried or which has been carried on board the
Vessel but this Clause
19.3.4 shall not exclude any claim in
respect of the extra cost of removing cargo from the wreck of the Vessel
19.3.5 loss of or
damage to property, owned by builders or repairers or for which they are
responsible, which is on
board the Vessel
19.3.6 liability arising under a contract or indemnity in
respect of containers, equipment, fuel or other property on
board the Vessel and which is owned or leased by the Assured
19.3.7 cash, negotiable instruments, precious metals or
stones, valuables or objects of a rare or precious nature,
belonging to persons on board the Vessel, or
non-essential personal effects of any Master, Officer or crew
member
19.3.8 fuel, insurance,
wages, stores, provisions and port charges arising from delay to the Vessel
while awaiting a
substitute for any Master, Officer or crew member
19.3.9 fines or
penalties arising from overloading or illegal fishing
19.3.10 pollution or
contamination of any real or personal property or thing whatsoever*5.
19.4 The indemnity
provided by this Clause 19 shall be in addition to the indemnity provided by
the other terms and
conditions of this
insurance.
19.5 Where the Assured or
the Underwriters may or could have limited their liability the indemnity under
this Clause
19 in respect of such liability shall not
exceed Underwriters’ proportionate part of the amount of such limitation.
19.6*6 In no case shall the
Underwriters’ liability under this Clause 19 in respect of each separate
accident or occurrence
or series of accidents arising out of the same
event, exceed their proportionate part of the insured value of the
Vessel.
19.7
PROVIDED ALWAYS THAT
19.7.1 prompt notice must be given to the Underwriters of
every casualty event or claim upon the Assured which
may give rise to a claim under this Clause 19 and of
every event or matter which may cause the Assured to incur
liability costs or expense for which he may be insured under this Clause 19
19.7.2 the Assured
shall not admit liability for or settle any claim for which he may be insured
under this Clause 19
without the prior written consent of the Underwriters.
20 DUTY OF ASSURED
(SUE AND LABOUR)
20.1
In case of any loss or misfortune it is the duty of the Assured and
their servants and agents to take such measures
as may be reasonable for the purpose of averting
or minimising a loss which would be recoverable under this
insurance.
20.2
Subject to the provisions below and to Clause 10 the Underwriters will
contribute to charges properly and
reasonably incurred by the Assured their servants
or agents for such measures. General average, salvage charges
(except as
provided for in Clause 20.4) collision defence or attack costs and costs
incurred by the Assured in
avoiding, minimising or contesting liability covered by Clause 19
are not recoverable under this Clause 20.
20.3 Measures
taken by the Assured or the Underwriters with the object of saving, protecting
or recovering the
subject-matter
insured shall not be considered as a waiver or acceptance of abandonment or
otherwise prejudice
the rights of either party.
20.4
When a claim for total loss of the subject-matter insured is admitted
under this insurance and expenses have
104
been reasonably incurred in
saving or attempting to save the subject-matter insured and other property and
there are no proceeds, or the expenses exceed
the proceeds, then this insurance shall bear its pro rata share of such proportion
of the expenses, or of the expenses in excess of the proceeds, as the case may
be, as may reasonably be regarded as having been incurred in respect of the
subject-matter insured.
20.5 The sum
recoverable under this Clause 20 shall be in addition to the loss otherwise
recoverable under this
insurance but
shall in no circumstances exceed the amount insured under this insurance in
respect of the Vessel.
The following clauses
shall be paramount and shall override anything contained in this insurance
inconsistent
therewith.
21 WAR EXCLUSION
In no case shall this insurance cover loss damage liability or
expense caused by
21.1 war civil war
revolution rebellion insurrection, or civil strife arising therefrom, or any
hostile act by or against a
belligerent power
21.2 capture
seizure arrest restraint or detainment (barratry and piracy excepted), and the
consequences thereof or
any attempt
thereat
21.3 derelict mines
torpedoes bombs or other derelict weapons of war.
22
STRIKES EXCLUSION
In no case shall this insurance cover loss damage liability or
expense caused by
22.1 strikers, locked-out
workmen, or persons taking part in labour disturbances, riots or civil
commotions
22.2 any terrorist or any
person acting from a political motive.
23 MALICIOUS ACTS
EXCLUSION
In no case shall this insurance cover loss damage liability or
expense arising from
23.1
the detonation of an explosive
23.2
any weapon of war
and caused by any person acting maliciously or from a political
motive.
24
NUCLEAR EXCLUSION
In no
case shall this insurance cover loss damage liability or expense directly or
indirectly caused by or contributed to by or arising from
24.1 ionising radiations from or contamination by
radioactivity from any nuclear fuel or from any nuclear waste from
the combustion of
nuclear fuel
24.2 the
radioactive, toxic, explosive or other hazardous properties of any explosive
nuclear assembly or nuclear
component thereof
24.3 any weapon of war employing atomic or
nuclear fission and/or fusion or other like reaction or radioactive force
or matter.
*1 the period specified in the
Policy
*2 , or tidal wave arising
therefrom
*3 of the Company
*4 sub-contractors
*5 before the Vessel is launched
*6 The Underwriters’ liability
under Clause 19.1.4 in respect of each separate accident or occurrence or
series of accidents
arising out of the same
event, shall not exceed the amount of Limit of Liability specified in the
policy.
105
1/6/88
INSTITUTE CLAUSES FOR BUILDERS’
RISKS AMENDED (4/96)
(REPAIRING RISKS INSURANCE)
(This Insurance is Subject to English law and
practice)
VESSEL .............................................................. Contract or Yard No..............................................................................
BUILDERS......................................................................................................................................
BUILDERS’ YARDS......................................................................................................................................
SUBJECT OF INSURANCE
(Where more than one part of the subject-matter insured
is described in Section I(A), Section I(B) or Section II below, then the
respective wording of Section I(A), Section I(B) or Section II shall be applied
to each part separately.)
SECTION I.
Provisional Period................... from............................................................................
but this insurance to terminate upon delivery to Owners if prior
to expiry of Provisional Period.
(A) HULL and MACHINERY etc. under construction at the yard or
other premises of the Builders.
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The subject-matter of this sub-section (A) is covered
whilst at Builders’ Yard and at Builders’ premises elsewhere within
the port or place of construction at which
the Builders’ Yard is situated and whilst in transit between such locations.
The Underwriters’ liability in respect of
each item of this sub-section (A) which is at such locations shall attach from
the time:-
(i) of inception of this
Section I if such item has already been allocated to the Vessel;
(ii) of delivery to Builders of such item (if
allocated) when delivered after inception of this Section I; (iii) of
allocation by Builders if allocated after inception of this Section I.
(B) MACHINERY etc. insured hereon whilst under construction by
Sub-Contractors.
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The subject-matter of this sub-section (B) is covered
whilst at Sub-Contractors’ works and at Sub-Contractors’ premises elsewhere
within the port or place of construction at which the Sub-Contractors’ works
are situated and whilst in transit between such locations.
The Underwriters’ liability in respect of each item of
this sub-section (B) which is at such locations shall attach from
the time:-
(i) of inception of this
Section I if such item has already been allocated to the Vessel;
(ii) of delivery to the Sub-Contractors of such
item (if allocated) when delivered after inception of this Section I;
(iii) of
allocation by the Sub-Contractors if allocated after inception of this Section
I.
The subject-matter of this sub-section (B) is also covered
whilst:-
(a) in
transit to Builders if the transit is within the port or place of construction
at which the Builders’ Yard is
situated;
106
(b) at
Builders’ Yard and at Builders’ premises elsewhere within the port or place of
construction at which the
Builders’ Yard is
situated and whilst in transit between such locations.
SECTION
II. Provisional Period................... from............................................................................
but this insurance to terminate upon delivery to Owners if prior
to expiry of Provisional Period. MACHINERY etc. insured hereon from delivery to
Builders.
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The subject-matter of this Section II is
covered whilst at Builders’ Yard and at Builders’ premises elsewhere within the
port or place of construction at which the Builders’ Yard is
situated and whilst in transit between such locations. The
Underwriters’ liability in respect of each item of this Section II
shall attach from the time of delivery to Builders.
1 INSURED VALUE
1.1 Whereas
the value stated herein is provisional, it is agreed that the final contract
price, or the total building cost
plus..................................... % whichever is the greater, of the subject-matter of this insurance
shall be the insured
value.
1.2 Should
the insured value, determined as above,
1.2.1 exceed
the provisional value stated herein, the Assured agree to declare to the
Underwriters hereon the
amount of such excess and to pay premium thereon at the
full policy rates, and the Underwriters agree to accept their proportionate shares of the increase,
or
1.2.2 be less than the provisional value stated herein,
the sum insured by this insurance shall be reduced
proportionately and the Underwriters agree to return
premium at the full policy rates on the amounts by which their respective lines are reduced.
1.3 Nevertheless should
the insured value exceed 125% of the provisional value, then the limits of
indemnity under
this insurance shall be 125% of the provisional value,
any one accident or series of accidents arising out of the
same event.
1.4 Notwithstanding the above it is understood and
agreed that any variation of the value for insurance on account
of a material alteration in the plans or fittings of the
Vessel or a change in type from that originally contemplated
does not come within the scope of this clause
and such a variation requires the specific agreement of the
Underwriters.
2 TRANSIT
Held covered at a premium to be arranged for transit not provided
for in Section I or II above.
3 DELAYED
DELIVERY
Held covered at a premium to be arranged in the event of *1delivery
to Owners being delayed beyond the provisional period(s)
mentioned above, but in no case shall any additional period of cover extend
beyond 30 days from completion of Builders’ Trials.
4 DEVIATION OR CHANGE OF VOYAGE
Held covered in case of deviation or change of voyage, provided
notice be given to the Underwriters immediately after
receipt of advices and any amended terms of cover and any
additional premium required by them be agreed.
5 PERILS
5.1 SUBJECT
ALWAYS TO ITS TERMS, CONDITIONS AND EXCLUSIONS this insurance is against all
risks
of loss of or damage to the subject-matter insured caused
and discovered during the period of this insurance including the cost of repairing replacing or renewing
any defective part condemned solely in consequence of the discovery therein during the period of this insurance of a latent
defect. In no case shall this insurance cover the cost of renewing faulty
welds.
107
5.2 In
case of failure of launch, the Underwriters to bear all subsequent expenses
incurred in completing launch.
6 EARTHQUAKE AND VOLCANIC ERUPTION EXCLUSION
In no
case shall this insurance cover loss damage liability or expense caused by
earthquake or volcanic eruption*2. This exclusion applies to all
claims including claims under Clauses 13, 17, 19 and 20.
7 POLLUTION HAZARD
This insurance covers loss of or damage to the Vessel
caused by any governmental authority acting under the powers
vested in it to prevent or mitigate a pollution hazard, or threat
thereof, resulting directly from damage to the Vessel for
which the Underwriters are liable under this
insurance, provided such act of governmental authority has not resulted
from want of due diligence by the Assured,
the Owners, or Managers of the Vessel or any of them to prevent or mitigate
such hazard or threat. Master, Officers,
Crew or Pilots not to be considered Owners within the meaning of this Clause
7 should they hold shares in the Vessel.
8 FAULTY
DESIGN
Notwithstanding anything to the contrary which may be
contained in the Policy or the clauses attached thereto, this insurance includes loss of or damage to the
subject-matter insured caused and discovered during the period of this insurance arising from faulty design of any part or parts thereof
but in no case shall this insurance extend to cover the cost or expense of
repairing, modifying, replacing or renewing such part or parts, nor any cost or
expense incurred by reason of betterment or alteration in design.
9 NAVIGATION
9.1 With
leave to proceed to and from any wet or dry docks, harbours, ways, cradles and
pontoons within the port
or place of construction and to proceed under own power,
loaded or in ballast, as often as required, for fitting
out, docking, trials or delivery, within a
distance by water of 250 nautical miles of the port or place of
construction, or held covered at a premium to be arranged in the
event of such distance being exceeded.
9.2 Any movement of the Vessel in tow outside the port
or place of construction held covered at a premium to be
arranged, provided previous notice be given to the Underwriters.
10
DEDUCTIBLE
10.1 No claim arising from a peril insured against shall
be payable under this insurance unless the aggregate of all
such
claims arising out of each separate accident or occurrence (including claims
under Clauses 13, 17, 19 and
20) exceeds the amount specified in the
Policy in which case this sum shall be deducted. Nevertheless the
expense of sighting the bottom after
stranding, if reasonably incurred specially for that purpose, shall be paid
even if no damage be found. This Clause 10.1 shall not apply to a
claim for total or constructive total loss of the
Vessel or, in the event of such a claim, to any associated claim
under Clause 20 arising from the same accident
or occurrence.
10.2 Claims for damage by
heavy weather occurring during a single sea passage between two successive
ports shall
be treated as being due to one accident. In the case of
such heavy weather extending over a period not wholly covered
by this insurance the deductible to be applied to the claim recoverable
hereunder shall be the proportion of the
above deductible that the number of days of such heavy weather falling within
the period of this insurance bears to the number of days of heavy
weather during the single sea passage. The expression “heavy weather” in this
Clause 10.2 shall be deemed to include contact with floating ice.
10.3 Excluding any
interest comprised therein, recoveries against any claim which is subject to
the above deductible
shall be credited to the Underwriters in full to the
extent of the sum by which the aggregate of the claim unreduced
by any recoveries exceeds the above deductible.
10.4 Interest comprised in recoveries shall be
apportioned between the Assured and the Underwriters, taking into
account
the sums paid by the Underwriters and the dates when such payments were made,
notwithstanding that by the addition of interest the Underwriters may receive a
larger sum than they have paid.
11 UNREPAIRED DAMAGE
11.1 The measure of
indemnity in respect of claims for unrepaired damage shall be the reasonable
depreciation in the
market value of
the Vessel at the time this insurance terminates arising from such unrepaired
damage, but not
exceeding the reasonable cost of repairs.
11.2
In no case shall the Underwriters be liable for unrepaired damage in the
event of a subsequent total loss (whether
108
or not
covered under this insurance) sustained during the period covered by this
insurance or any extension
thereof.
11.3 The Underwriters shall not be liable in
respect of unrepaired damage for more than the insured value at the time
this insurance
terminates.
12 CONSTRUCTIVE TOTAL
LOSS
12.1 In ascertaining
whether the subject-matter insured is a constructive total loss, the insured
value shall be taken as
the repaired
value and nothing in respect of the damaged or break-up value shall be taken
into account.
12.2 No claim for constructive total loss based
upon the cost of recovery and/or repair shall be recoverable hereunder
unless such
cost would exceed the insured value. In making this determination, only the
cost relating to a single
accident or sequence of damages arising from the same accident
shall be taken into account.
13
GENERAL AVERAGE AND SALVAGE
13.1
This insurance covers the Vessel’s proportion of salvage, salvage
charges and/or general average, reduced in
respect of any under-insurance, but in case of
general average sacrifice of the Vessel the Assured may recover in
respect of the whole loss without first enforcing their right of
contribution from other parties.
13.2
Adjustment to be according to the law and practice obtaining at the
place where the adventure ends, as if the
contract of affreightment contained no special
terms upon the subject; but where the contract of affreightment
so provides the adjustment shall be according to the York-Antwerp
Rules.
13.3 When the Vessel sails
in ballast, not under charter, the provisions of the York-Antwerp Rules, 1974
(excluding
Rules XX and XXI)
shall be applicable, and the voyage for this purpose shall be deemed to
continue from the
port or
place of departure until the arrival of the Vessel at the first port or place
thereafter other than a port or
place of refuge or a port or place of call for bunkering only. If
at any such intermediate port or place there is an
abandonment of the adventure originally contemplated the voyage
shall thereupon be deemed to be terminated.
13.4 No claim
under this Clause 13 shall in any case be allowed where the loss was not
incurred to avoid or in
connection with
the avoidance of a peril insured against.
14
NOTICE OF CLAIM
In the event of loss damage liability or expense which
may result in a claim under this insurance, prompt notice shall be given to the Underwriters prior to repair
and, if the subject-matter is under construction abroad, to the nearest Lloyd’s
Agent*3 so that a surveyor may be appointed to represent the
Underwriters should they so desire.
15 CHANGE OF INTEREST
Any change of interest in the subject-matter insured shall not
affect the validity of this insurance.
16
ASSIGNMENT
No assignment of or interest in this insurance or in any
moneys which may be or become payable thereunder is to be binding on or recognised by the Underwriters
unless a dated notice of such assignment or interest signed by the Assured, and by the assignor in the case of subsequent
assignment, is endorsed on the Policy and the Policy with such endorsement is produced before payment of any claim or return of
premium thereunder.
17
COLLISION LIABILITY
17.1 The Underwriters
agree to indemnify the Assured for any sum or sums paid by the Assured to any
other person
or persons by
reason of the Assured becoming legally liable by way of damages for
17.1.1 loss of or damage
to any other vessel or property on any other vessel
17.1.2 delay to or loss
of use of any such other vessel or property thereon
17.1.3 general average of, salvage of, or salvage under
contract of, any such other vessel or property thereon, where
such
payment by the Assured is in consequence of the Vessel hereby insured coming
into collision with any other vessel.
17.2 The indemnity provided by this Clause 17
shall be in addition to the indemnity provided by the other terms and
conditions of this
insurance and shall be subject to the following provisions:
17.2.1 Where the insured Vessel is in collision with
another vessel and both vessels are to blame then, unless the
liability of one or both vessels becomes limited by law,
the indemnity under this Clause 17 shall be calculated
on the principle of cross-liabilities as if the respective Owners
had been compelled to pay to each other such
proportion of each other’s damages as may have been properly
allowed in ascertaining the balance or sum
109
payable by or to the Assured in consequence of the collision.
17.2.2 In no case shall the Underwriters’ total liability
under Clause 17.1 and 17.2 exceed their proportionate part
of the insured value of the Vessel hereby insured in respect of
any one such collision.
17.3 The Underwriters will
also pay the legal costs incurred by the Assured or which the Assured may be
compelled
to pay in
contesting liability or taking proceedings to limit liability, with the prior
written consent of the
Underwriters.
EXCLUSIONS
17.4
Provided always that this Clause 17 shall in no case extend to any sum
which the Assured shall pay for or in
respect of
17.4.1 removal or
disposal of obstructions, wrecks, cargoes or any other thing whatsoever
17.4.2 any real or
personal property or thing whatsoever except other vessels or property on other
vessels
17.4.3 the cargo or
other property on, or the engagements of, the insured Vessel
17.4.4 loss of life,
personal injury or illness
17.4.5 pollution or
contamination of any real or personal property or thing whatsoever (except
other vessels with
which the insured Vessel is in collision or property on such other
vessels).
18
SISTERSHIP
Should the Vessel hereby insured come into collision with
or receive salvage services from another vessel belonging wholly or in part to the same Owners or
under the same management, the Assured shall have the same rights under this insurance as they would have were the other vessel entirely the
property of Owners not interested in the Vessel hereby insured; but in such
cases the liability for the collision or the amount payable for the services
rendered shall be referred to a sole
arbitrator to be agreed upon between the Underwriters and the Assured.
19 PROTECTION AND
INDEMNITY
19.1 The Underwriters
agree to indemnify the Assured for any sum or sums paid by the Assured to any
other person
or persons by
reason of the Assured becoming legally liable, as Owner of the Vessel, for any
claim, demand,
damages
and/or expenses, where such liability is in consequence of any of the following
matters or things and arises from an accident or
occurrence during the period of this insurance:
19.1.1 loss of or damage to any fixed or movable object
or property or other thing or interest whatsoever, other than
the Vessel, arising from any cause whatsoever in so far as such
loss or damage is not covered by Clause 17
19.1.2 any attempted or actual raising, removal or
destruction of any fixed or movable object or property or other
thing, including the wreck of the Vessel, or any neglect or
failure to raise, remove, or destroy the same
19.1.3 liability
assumed by the Assured under contracts of customary towage for the purpose of
entering or leaving
port or manoeuvring within the port
19.1.4 loss of life,
personal injury, illness or payments made for life salvage.
19.2
The Underwriters agree to indemnify the Assured for any of the following
arising from an accident or occurrence
during the period of this insurance:
19.2.1 the additional
cost of fuel, insurance, wages, stores, provisions and port charges reasonably
incurred solely
for the purpose of landing from the Vessel sick or injured persons
or stowaways, refugees, or persons saved
at sea
19.2.2 additional
expenses brought about by the outbreak of infectious disease on board the
Vessel or ashore
19.2.3 fines imposed on
the Vessel, on the Assured, or on any Master Officer crew member or agent of
the Vessel
who is
reimbursed by the Assured, for any act or neglect or breach of any statute or
regulation relating to the operation of the Vessel, provided that the
Underwriters shall not be liable to indemnify the Assured for any fines which result from any act neglect failure or
default of the Assured their agents or servants other than Master
Officer or crew member
19.2.4 the expenses of the removal of the wreck of the
Vessel from any place owned, leased or occupied by the
Assured
19.2.5 legal costs
incurred by the Assured, or which the Assured may be compelled to pay, in
avoiding, minimising
or contesting liability with the prior written consent of the
Underwriters.
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EXCLUSIONS
19.3
Notwithstanding the provisions of Clauses 19.1 and 19.2 this Clause 19
does not cover any liability cost or
expense arising in
respect of:
19.3.1 any direct or indirect payment of the Assured
under workmen’s compensation or employers’ liability acts and
any other statutory or common law, general maritime low
or other liability whatsoever in respect of accidents to or illness of workmen or any other persons employed in
any capacity whatsoever by*4 the Assured or*5
in on or about or in connection with the Vessel or her cargo materials or
repairs
19.3.2 liability
assumed by the Assured under agreement expressed or implied in respect of death
or illness of or
injury to any person employed under a contract
of service or apprenticeship by the other party to such
agreement
19.3.3 punitive
or exemplary damages, however described
19.3.4 cargo
or other property carried, to be carried or which has been carried on board the
Vessel but this Clause
19.3.4 shall not exclude any claim in
respect of the extra cost of removing cargo from the wreck of the Vessel
19.3.5 loss of or damage to property, owned by *6builders
or repairers or for which they are responsible, which is on
board the Vessel
19.3.6 liability arising under a contract or indemnity in
respect of containers, equipment, fuel or other property on
board the Vessel and which is owned or leased by the Assured
19.3.7 cash, negotiable instruments, precious metals or
stones, valuables or objects of a rare or precious nature,
belonging to persons on board the Vessel, or
non-essential personal effects of any Master, Officer or crew
member
19.3.8 fuel, insurance,
wages, stores, provisions and port charges arising from delay to the Vessel
while awaiting a
substitute for any Master, Officer or crew member
19.3.9 fines or
penalties arising from overloading or illegal fishing
19.3.10 pollution or
contamination of any real or personal property or thing whatsoever. *7
19.4 The indemnity
provided by this Clause 19 shall be in addition to the indemnity provided by
the other terms and
conditions of this
insurance.
19.5 Where the Assured or
the Underwriters may or could have limited their liability the indemnity under
this Clause
19 in respect of such liability shall not
exceed Underwriters’ proportionate part of the amount of such limitation.
19.6*8 In no case shall the
Underwriters’ liability under this Clause 19 in respect of each separate
accident or occurrence
or series of accidents arising out of the same
event, exceed their proportionate part of the insured value of the
Vessel.
19.7
PROVIDED ALWAYS THAT
19.7.1 prompt notice must be given to the Underwriters of
every casualty event or claim upon the Assured which
may give rise to a claim under this Clause 19 and of
every event or matter which may cause the Assured to incur
liability costs or expense for which he may be insured under this Clause 19
19.7.2 the Assured
shall not admit liability for or settle any claim for which he may be insured
under this Clause 19
without the prior written consent of the Underwriters.
20 DUTY OF ASSURED
(SUE AND LABOUR)
20.1
In case of any loss or misfortune it is the duty of the Assured and
their servants and agents to take such measures
as may be reasonable for the purpose of averting
or minimising a loss which would be recoverable under this
insurance.
20.2
Subject to the provisions below and to Clause 10 the Underwriters will
contribute to charges properly and
reasonably incurred by the Assured their servants
or agents for such measures. General average, salvage charges
(except as provided for in Clause 20.4) collision defence
or attack costs and costs incurred by the Assured in
avoiding, minimising or contesting liability covered by Clause 19
are not recoverable under this Clause 20.
20.3
Measures taken by the Assured or the Underwriters with the object of
saving, protecting or recovering the
subject-matter
insured shall not be considered as a waiver or acceptance of abandonment or
otherwise prejudice
the rights of either party.
20.4
When a claim for total loss of the subject-matter insured is admitted
under this insurance and expenses have
111
been reasonably incurred in
saving or attempting to save the subject-matter insured and other property and
there are no proceeds, or the expenses exceed
the proceeds, then this insurance shall bear its pro rata share of such proportion
of the expenses, or of the expenses in excess of the proceeds, as the case may
be, as may reasonably be regarded as having been incurred in respect of the
subject-matter insured.
20.5 The sum
recoverable under this Clause 20 shall be in addition to the loss otherwise
recoverable under this
insurance but
shall in no circumstances exceed the amount insured under this insurance in
respect of the Vessel.
The following clauses
shall be paramount and shall override anything contained in this insurance
inconsistent
therewith.
21 WAR EXCLUSION
In no case shall this insurance cover loss damage liability or
expense caused by
21.1 war civil war
revolution rebellion insurrection, or civil strife arising therefrom, or any
hostile act by or against a
belligerent power
21.2 capture
seizure arrest restraint or detainment (barratry and piracy excepted), and the
consequences thereof or
any attempt
thereat
21.3 derelict mines
torpedoes bombs or other derelict weapons of war.
22
STRIKES EXCLUSION
In no case shall this insurance cover loss damage liability or
expense caused by
22.1 strikers, locked-out
workmen, or persons taking part in labour disturbances, riots or civil
commotions
22.2 any terrorist or any
person acting from a political motive.
23 MALICIOUS ACTS
EXCLUSION
In no case shall this insurance cover loss damage liability or
expense arising from
23.1
the detonation of an explosive
23.2
any weapon of war
and caused by any person acting maliciously or from a political
motive.
24
NUCLEAR EXCLUSION
In no
case shall this insurance cover loss damage liability or expense directly or
indirectly caused by or contributed to by or arising from
24.1 ionising radiations from or contamination by
radioactivity from any nuclear fuel or from any nuclear waste from
the combustion of
nuclear fuel
24.2 the
radioactive, toxic, explosive or other hazardous properties of any explosive
nuclear assembly or nuclear
component thereof
24.3 any weapon of
war employing atomic or nuclear fission and/or fusion or other like reaction or
radioactive force
or matter.
*1 redelivery from repairer being
delayed beyond the period specified in the policy.
*2 , or tidal wave arising therefrom
*3 of the Company
*4 If several parties are named
as Assured(s) in the policy, only ship-builder(s) are deemed to be as
Assured(s) hereupon.
*5 sub-contractors
*6 shipowners
*7 before the Vessel is launched
*8 The Underwriters’ liability
under Clause 19.1.4 in respect of each separate accident or occurrence or
series of accidents
arising out of the same
event, shall not exceed the amount of Limit of Liability specified in the
policy.
112
1/6/88
INSTITUTE CLAUSES FOR BUILDERS’ RISKS AMENDED (4/96)
(SHIPREPAIRERS’ RISKS INSURANCE)
(This Insurance is Subject to English law and
practice)
VESSEL .............................................................. Contract or Yard No..............................................................................
BUILDERS......................................................................................................................................
BUILDERS’ YARDS......................................................................................................................................
SUBJECT OF INSURANCE
(Where more than one part of the subject-matter insured
is described in Section I(A), Section I(B) or Section II below, then the
respective wording of Section I(A), Section I(B) or Section II shall be applied
to each part separately.)
SECTION I.
Provisional Period................... from............................................................................
but this insurance to terminate upon delivery to Owners if prior
to expiry of Provisional Period.
(A) HULL and MACHINERY etc. under construction at the yard or
other premises of the Builders.
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The subject-matter of this sub-section (A) is covered
whilst at Builders’ Yard and at Builders’ premises elsewhere within
the port or place of construction at which
the Builders’ Yard is situated and whilst in transit between such locations.
The Underwriters’ liability in respect of
each item of this sub-section (A) which is at such locations shall attach from
the time:-
(i) of inception of this
Section I if such item has already been allocated to the Vessel;
(ii) of delivery to Builders of such item (if
allocated) when delivered after inception of this Section I; (iii) of
allocation by Builders if allocated after inception of this Section I.
(B) MACHINERY etc. insured hereon whilst under construction by
Sub-Contractors.
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The subject-matter of this sub-section (B) is covered
whilst at Sub-Contractors’ works and at Sub-Contractors’ premises elsewhere
within the port or place of construction at which the Sub-Contractors’ works
are situated and whilst in transit between such locations.
The Underwriters’ liability in respect of each item of
this sub-section (B) which is at such locations shall attach from
the time:-
(i) of inception of this
Section I if such item has already been allocated to the Vessel;
(ii) of delivery to the Sub-Contractors of such
item (if allocated) when delivered after inception of this Section I;
(iii) of
allocation by the Sub-Contractors if allocated after inception of this Section
I.
The subject-matter of this sub-section (B) is also covered
whilst:-
(a) in
transit to Builders if the transit is within the port or place of construction
at which the Builders’ Yard is
situated;
113
(b) at
Builders’ Yard and at Builders’ premises elsewhere within the port or place of
construction at which the
Builders’ Yard is
situated and whilst in transit between such locations.
SECTION
II. Provisional Period................... from............................................................................
but this insurance to terminate upon delivery to Owners if prior
to expiry of Provisional Period. MACHINERY etc. insured hereon from delivery to
Builders.
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The subject-matter of this Section II is
covered whilst at Builders’ Yard and at Builders’ premises elsewhere within the
port or place of construction at which the Builders’ Yard is
situated and whilst in transit between such locations. The
Underwriters’ liability in respect of each item of this Section II
shall attach from the time of delivery to Builders.
1 INSURED VALUE
1.1 Whereas
the value stated herein is provisional, it is agreed that the final contract
price, or the total building cost
plus..................................... % whichever is the greater, of the subject-matter of this insurance
shall be the insured
value.
1.2 Should
the insured value, determined as above,
1.2.1 exceed
the provisional value stated herein, the Assured agree to declare to the
Underwriters hereon the
amount of such excess and to pay premium thereon at the
full policy rates, and the Underwriters agree to accept their proportionate shares of the increase,
or
1.2.2 be less than the provisional value stated herein,
the sum insured by this insurance shall be reduced
proportionately and the Underwriters agree to return
premium at the full policy rates on the amounts by which their respective lines are reduced.
1.3 Nevertheless should
the insured value exceed 125% of the provisional value, then the limits of
indemnity under
this insurance shall be 125% of the provisional value,
any one accident or series of accidents arising out of the
same event.
1.4 Notwithstanding the above it is understood and
agreed that any variation of the value for insurance on account
of a material alteration in the plans or fittings of the
Vessel or a change in type from that originally contemplated
does not come within the scope of this clause
and such a variation requires the specific agreement of the
Underwriters.
2 TRANSIT
Held covered at a premium to be arranged for transit not provided
for in Section I or II above.
3 DELAYED
DELIVERY
Held covered at a premium to be arranged in the event of *1delivery
to Owners being delayed beyond the provisional period(s)
mentioned above, but in no case shall any additional period of cover extend
beyond 30 days from completion of Builders’ Trials.
4 DEVIATION OR CHANGE OF VOYAGE
Held covered in case of deviation or change of voyage, provided
notice be given to the Underwriters immediately after
receipt of advices and any amended terms of cover and any
additional premium required by them be agreed.
5 PERILS
5.1 SUBJECT
ALWAYS TO ITS TERMS, CONDITIONS AND EXCLUSIONS this insurance is against all
risks
of loss of or damage to the subject-matter insured caused
and discovered during the period of this insurance including the cost of repairing replacing or renewing
any defective part condemned solely in consequence of the discovery therein during the period of this insurance of a latent
defect. In no case shall this insurance cover the cost of renewing faulty
welds.
114
5.2 In
case of failure of launch, the Underwriters to bear all subsequent expenses
incurred in completing launch.
6 EARTHQUAKE AND VOLCANIC ERUPTION EXCLUSION
In no
case shall this insurance cover loss damage liability or expense caused by
earthquake or volcanic eruption*2. This exclusion applies to all
claims including claims under Clauses 13, 17, 19 and 20.
7 POLLUTION HAZARD
This insurance covers loss of or damage to the Vessel
caused by any governmental authority acting under the powers
vested in it to prevent or mitigate a pollution hazard, or threat
thereof, resulting directly from damage to the Vessel for
which the Underwriters are liable under this
insurance, provided such act of governmental authority has not resulted
from want of due diligence by the Assured,
the Owners, or Managers of the Vessel or any of them to prevent or mitigate
such hazard or threat. Master, Officers,
Crew or Pilots not to be considered Owners within the meaning of this Clause
7 should they hold shares in the Vessel.
8 FAULTY
DESIGN
Notwithstanding anything to the contrary which may be
contained in the Policy or the clauses attached thereto, this insurance includes loss of or damage to the
subject-matter insured caused and discovered during the period of this insurance arising from faulty design of any part or parts thereof
but in no case shall this insurance extend to cover the cost or expense of
repairing, modifying, replacing or renewing such part or parts, nor any cost or
expense incurred by reason of betterment or alteration in design.
9 NAVIGATION
9.1 With
leave to proceed to and from any wet or dry docks, harbours, ways, cradles and
pontoons within the port
or place of construction and to proceed under own power,
loaded or in ballast, as often as required, for fitting
out, docking, trials or delivery, within a
distance by water of 250 nautical miles of the port or place of
construction, or held covered at a premium to be arranged in the
event of such distance being exceeded.
9.2 Any movement of the Vessel in tow outside the port
or place of construction held covered at a premium to be
arranged, provided previous notice be given to the Underwriters.
10
DEDUCTIBLE
10.1 No claim arising from a peril insured against shall
be payable under this insurance unless the aggregate of all
such
claims arising out of each separate accident or occurrence (including claims
under Clauses 13, 17, 19 and
20) exceeds the amount specified in the
Policy in which case this sum shall be
deducted. Nevertheless the
expense of sighting the bottom after
stranding, if reasonably incurred specially for that purpose, shall be paid
even if no damage be found. This Clause 10.1 shall not apply to a
claim for total or constructive total loss of the
Vessel or, in the event of such a claim, to any associated claim
under Clause 20 arising from the same accident
or occurrence.
10.2 Claims for damage by
heavy weather occurring during a single sea passage between two successive
ports shall
be treated as being due to one accident. In the case of
such heavy weather extending over a period not wholly covered
by this insurance the deductible to be applied to the claim recoverable
hereunder shall be the proportion of the
above deductible that the number of days of such heavy weather falling within
the period of this insurance bears to the number of days of heavy
weather during the single sea passage. The expression “heavy weather” in this
Clause 10.2 shall be deemed to include contact with floating ice.
10.3 Excluding any
interest comprised therein, recoveries against any claim which is subject to
the above deductible
shall be credited to the Underwriters in full to the
extent of the sum by which the aggregate of the claim unreduced
by any recoveries exceeds the above deductible.
10.4 Interest comprised in recoveries shall be
apportioned between the Assured and the Underwriters, taking into
account
the sums paid by the Underwriters and the dates when such payments were made,
notwithstanding that by the addition of interest the Underwriters may receive a
larger sum than they have paid.
11 UNREPAIRED DAMAGE
11.1 The measure of
indemnity in respect of claims for unrepaired damage shall be the reasonable
depreciation in the
market value of
the Vessel at the time this insurance terminates arising from such unrepaired
damage, but not
exceeding the reasonable cost of repairs.
11.2
In no case shall the Underwriters be liable for unrepaired damage in the
event of a subsequent total loss (whether
115
or not
covered under this insurance) sustained during the period covered by this
insurance or any extension
thereof.
11.3 The Underwriters shall not be liable in
respect of unrepaired damage for more than the insured value at the time
this insurance
terminates.
12 CONSTRUCTIVE TOTAL
LOSS
12.1 In ascertaining
whether the subject-matter insured is a constructive total loss, the insured
value shall be taken as
the repaired
value and nothing in respect of the damaged or break-up value shall be taken
into account.
12.2 No claim for constructive total loss based
upon the cost of recovery and/or repair shall be recoverable hereunder
unless such
cost would exceed the insured value. In making this determination, only the
cost relating to a single
accident or sequence of damages arising from the same accident
shall be taken into account.
13
GENERAL AVERAGE AND SALVAGE
13.1
This insurance covers the Vessel’s proportion of salvage, salvage
charges and/or general average, reduced in
respect of any under-insurance, but in case of
general average sacrifice of the Vessel the Assured may recover in
respect of the whole loss without first enforcing their right of
contribution from other parties.
13.2
Adjustment to be according to the law and practice obtaining at the
place where the adventure ends, as if the
contract of affreightment contained no special
terms upon the subject; but where the contract of affreightment
so provides the adjustment shall be according to the York-Antwerp
Rules.
13.3 When the Vessel sails
in ballast, not under charter, the provisions of the York-Antwerp Rules, 1974
(excluding
Rules XX and XXI)
shall be applicable, and the voyage for this purpose shall be deemed to
continue from the
port or
place of departure until the arrival of the Vessel at the first port or place
thereafter other than a port or
place of refuge or a port or place of call for bunkering only. If
at any such intermediate port or place there is an
abandonment of the adventure originally contemplated the voyage
shall thereupon be deemed to be terminated.
13.4 No claim
under this Clause 13 shall in any case be allowed where the loss was not
incurred to avoid or in
connection with
the avoidance of a peril insured against.
14
NOTICE OF CLAIM
In the event of loss damage liability or expense which
may result in a claim under this insurance, prompt notice shall be given to the Underwriters prior to repair
and, if the subject-matter is under construction abroad, to the nearest Lloyd’s
Agent*3 so that a surveyor may be appointed to represent the
Underwriters should they so desire.
15 CHANGE OF INTEREST
Any change of interest in the subject-matter insured shall not
affect the validity of this insurance.
16
ASSIGNMENT
No assignment of or interest in this insurance or in any
moneys which may be or become payable thereunder is to be binding on or recognised by the Underwriters
unless a dated notice of such assignment or interest signed by the Assured, and by the assignor in the case of subsequent
assignment, is endorsed on the Policy and the Policy with such endorsement is produced before payment of any claim or return of
premium thereunder.
17
COLLISION LIABILITY
17.1 The Underwriters
agree to indemnify the Assured for any sum or sums paid by the Assured to any
other person
or persons by
reason of the Assured becoming legally liable by way of damages for
17.1.1 loss of or damage
to any other vessel or property on any other vessel
17.1.2 delay to or loss
of use of any such other vessel or property thereon
17.1.3 general average of, salvage of, or salvage under
contract of, any such other vessel or property thereon, where
such
payment by the Assured is in consequence of the Vessel hereby insured coming
into collision with any other vessel.
17.2 The indemnity provided by this Clause 17
shall be in addition to the indemnity provided by the other terms and
conditions of this
insurance and shall be subject to the following provisions:
17.2.1 Where the insured Vessel is in collision with
another vessel and both vessels are to blame then, unless the
liability of one or both vessels becomes limited by law,
the indemnity under this Clause 17 shall be calculated
on the principle of cross-liabilities as if the respective Owners
had been compelled to pay to each other such
proportion of each other’s damages as may have been properly
allowed in ascertaining the balance or sum
116
payable by or to the Assured in consequence of the collision.
17.2.2 In no case shall the Underwriters’ total liability
under Clause 17.1 and 17.2 exceed their proportionate part
of the insured value of the Vessel hereby insured in respect of
any one such collision.
17.3 The Underwriters will
also pay the legal costs incurred by the Assured or which the Assured may be
compelled
to pay in
contesting liability or taking proceedings to limit liability, with the prior
written consent of the
Underwriters.
EXCLUSIONS
17.4
Provided always that this Clause 17 shall in no case extend to any sum
which the Assured shall pay for or in
respect of
17.4.1 removal or
disposal of obstructions, wrecks, cargoes or any other thing whatsoever
17.4.2 any real or
personal property or thing whatsoever except other vessels or property on other
vessels
17.4.3 the cargo or
other property on, or the engagements of, the insured Vessel
17.4.4 loss of life,
personal injury or illness
17.4.5 pollution or
contamination of any real or personal property or thing whatsoever (except
other vessels with
which the insured Vessel is in collision or property on such other
vessels).
18
SISTERSHIP
Should the Vessel hereby insured come into collision with
or receive salvage services from another vessel belonging wholly or in part to the same Owners or
under the same management, the Assured shall have the same rights under this insurance as they would have were the other vessel entirely the
property of Owners not interested in the Vessel hereby insured; but in such
cases the liability for the collision or the amount payable for the services
rendered shall be referred to a sole
arbitrator to be agreed upon between the Underwriters and the Assured.
19 PROTECTION AND
INDEMNITY
19.1 The Underwriters
agree to indemnify the Assured for any sum or sums paid by the Assured to any
other person
or persons by
reason of the Assured becoming legally liable, as Owner of the Vessel, for any
claim, demand,
damages
and/or expenses, where such liability is in consequence of any of the following
matters or things and arises from an accident or
occurrence during the period of this insurance:
19.1.1 loss of or damage to any fixed or movable object
or property or other thing or interest whatsoever, other than
the Vessel, arising from any cause whatsoever in so far as such
loss or damage is not covered by Clause 17
19.1.2 any attempted or actual raising, removal or
destruction of any fixed or movable object or property or other
thing, including the wreck of the Vessel, or any neglect or
failure to raise, remove, or destroy the same
19.1.3 liability
assumed by the Assured under contracts of customary towage for the purpose of
entering or leaving
port or manoeuvring within the port
19.1.4 loss of life,
personal injury, illness or payments made for life salvage.
19.2
The Underwriters agree to indemnify the Assured for any of the following
arising from an accident or occurrence
during the period of this insurance:
19.2.1 the additional
cost of fuel, insurance, wages, stores, provisions and port charges reasonably
incurred solely
for the purpose of landing from the Vessel sick or injured persons
or stowaways, refugees, or persons saved
at sea
19.2.2 additional
expenses brought about by the outbreak of infectious disease on board the
Vessel or ashore
19.2.3 fines imposed on
the Vessel, on the Assured, or on any Master Officer crew member or agent of
the Vessel
who is
reimbursed by the Assured, for any act or neglect or breach of any statute or
regulation relating to the operation of the Vessel, provided that the
Underwriters shall not be liable to indemnify the Assured for any fines which result from any act neglect failure or
default of the Assured their agents or servants other than Master
Officer or crew member
19.2.4 the expenses of the removal of the wreck of the
Vessel from any place owned, leased or occupied by the
Assured
19.2.5 legal costs
incurred by the Assured, or which the Assured may be compelled to pay, in
avoiding, minimising
or contesting liability with the prior written consent of the
Underwriters.
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EXCLUSIONS
19.3
Notwithstanding the provisions of Clauses 19.1 and 19.2 this Clause 19
does not cover any liability cost or
expense arising in
respect of:
19.3.1 any direct or indirect payment of the Assured
under workmen’s compensation or employers’ liability acts and
any other statutory or common law, general maritime law
or other liability whatsoever in respect of accidents
to or illness of workmen or any other
persons employed in any capacity whatsoever by the Assured or
*4others in on or about or in connection with the Vessel or her cargo
materials or repairs
19.3.2 liability
assumed by the Assured under agreement expressed or implied in respect of death
or illness of or
injury to any person employed under a contract
of service or apprenticeship by the other party to such
agreement
19.3.3 punitive
or exemplary damages, however described
19.3.4 cargo
or other property carried, to be carried or which has been carried on board the
Vessel but this Clause
19.3.4 shall not exclude any claim in
respect of the extra cost of removing cargo from the wreck of the Vessel
19.3.5 loss of or
damage to property, owned by builders or repairers or for which they are
responsible, which is on
board the Vessel
19.3.6 liability arising under a contract or indemnity in
respect of containers, equipment, fuel or other property on
board the Vessel and which is owned or leased by the Assured
19.3.7 cash, negotiable instruments, precious metals or
stones, valuables or objects of a rare or precious nature,
belonging to persons on board the Vessel, or
non-essential personal effects of any Master, Officer or crew
member
19.3.8 fuel, insurance,
wages, stores, provisions and port charges arising from delay to the Vessel
while awaiting a
substitute for any Master, Officer or crew member
19.3.9 fines or
penalties arising from overloading or illegal fishing
19.3.10 pollution or
contamination of any real or personal property or thing whatsoever.*5
19.4 The indemnity
provided by this Clause 19 shall be in addition to the indemnity provided by
the other terms and
conditions of this
insurance.
19.5 Where the Assured or
the Underwriters may or could have limited their liability the indemnity under
this Clause
19 in respect of such liability shall not
exceed Underwriters’ proportionate part of the amount of such limitation.
19.6*6 In no case shall the
Underwriters’ liability under this Clause 19 in respect of each separate
accident or occurrence
or series of accidents arising out of the same
event, exceed their proportionate part of the insured value of the
Vessel.
19.7
PROVIDED ALWAYS THAT
19.7.1 prompt notice must be given to the Underwriters of
every casualty event or claim upon the Assured which
may give rise to a claim under this Clause 19 and of
every event or matter which may cause the Assured to incur
liability costs or expense for which he may be insured under this Clause 19
19.7.2 the Assured
shall not admit liability for or settle any claim for which he may be insured
under this Clause 19
without the prior written consent of the Underwriters.
20 DUTY OF ASSURED
(SUE AND LABOUR)
20.1
In case of any loss or misfortune it is the duty of the Assured and
their servants and agents to take such measures
as may be reasonable for the purpose of averting
or minimising a loss which would be recoverable under this
insurance.
20.2
Subject to the provisions below and to Clause 10 the Underwriters will
contribute to charges properly and
reasonably incurred by the Assured their servants
or agents for such measures. General average, salvage charges
(except as
provided for in Clause 20.4) collision defence or attack costs and costs
incurred by the Assured in
avoiding, minimising or contesting liability covered by Clause 19
are not recoverable under this Clause 20.
20.3 Measures
taken by the Assured or the Underwriters with the object of saving, protecting
or recovering the
subject-matter
insured shall not be considered as a waiver or acceptance of abandonment or
otherwise prejudice
the rights of either party.
20.4
When a claim for total loss of the subject-matter insured is admitted
under this insurance and expenses have
118
been reasonably incurred in
saving or attempting to save the subject-matter insured and other property and
there are no proceeds, or the expenses exceed
the proceeds, then this insurance shall bear its pro rata share of such proportion
of the expenses, or of the expenses in excess of the proceeds, as the case may
be, as may reasonably be regarded as having been incurred in respect of the
subject-matter insured.
20.5 The sum
recoverable under this Clause 20 shall be in addition to the loss otherwise
recoverable under this
insurance but
shall in no circumstances exceed the amount insured under this insurance in
respect of the Vessel.
The following clauses
shall be paramount and shall override anything contained in this insurance
inconsistent
therewith.
21 WAR EXCLUSION
In no case shall this insurance cover loss damage liability or
expense caused by
21.1 war civil war
revolution rebellion insurrection, or civil strife arising therefrom, or any
hostile act by or against a
belligerent power
21.2 capture
seizure arrest restraint or detainment (barratry and piracy excepted), and the
consequences thereof or
any attempt
thereat
21.3 derelict mines
torpedoes bombs or other derelict weapons of war.
22
STRIKES EXCLUSION
In no case shall this insurance cover loss damage liability or
expense caused by
22.1 strikers, locked-out
workmen, or persons taking part in labour disturbances, riots or civil
commotions
22.2 any terrorist or any
person acting from a political motive.
23 MALICIOUS ACTS
EXCLUSION
In no case shall this insurance cover loss damage liability or
expense arising from
23.1
the detonation of an explosive
23.2
any weapon of war
and caused by any person acting maliciously or from a political
motive.
24
NUCLEAR EXCLUSION
In no
case shall this insurance cover loss damage liability or expense directly or
indirectly caused by or contributed to by or arising from
24.1 ionising radiations from or contamination by
radioactivity from any nuclear fuel or from any nuclear waste from
the combustion of
nuclear fuel
24.2 the
radioactive, toxic, explosive or other hazardous properties of any explosive
nuclear assembly or nuclear
component thereof
24.3 any weapon of war employing atomic or
nuclear fission and/or fusion or other like reaction or radioactive force
or matter.
*1 redelivery to Owners being
delayed beyond the period specified in the policy.
*2 , or tidal wave arising therefrom
*3 of the Company
*4 sub-contractors
*5 before the Vessel is launched
*6 The Underwriters’ liability
under Clause 19.1.4 in respect of each separate accident or occurrence or
series of
accidents arising out of the same event, shall not exceed the
amount of Limit of Liability specified in the policy.
119
1/6/88
INSTITUTE WAR CLAUSES
BUILDERS’ RISKS AMENDED (4/2023)
(This Insurance is Subject to English law and
practice)
1 ATTACHMENT
This insurance shall not attach to the subject-matter
insured until the Vessel is launched and then shall attach only to
such part of the subject-matter as is built into or is in or on
the Vessel at the time of the launch. The insurance against
the said risks shall attach to the remainder
of the subject-matter insured only as it is placed in or on the Vessel
subsequent
to the launch.
2 PERILS
Subject always to the exclusions hereinafter referred to,
this insurance covers loss of or damage to the subject-matter insured caused by
2.1 war civil war
revolution rebellion insurrection, or civil strife arising therefrom, or any
hostile act by or against a
belligerent power
2.2 capture seizure arrest restraint or detainment,
arising from perils covered under 2.1 above, and the consequences
thereof or any attempt thereat
2.3 derelict
mines torpedoes bombs or other derelict weapons of war.
3 PROTECTION AND INDEMNITY
This insurance also covers, subject to the limitation of
liability provided for in Clauses 19.5 and 19.6 of the Institute Clauses for Builders’ Risks 1/6/88*1, the liability
under Clause 19 of the Institute Clauses for Builders’ Risks 1/6/88*1 which
is excluded by Clauses 21, 22.2 and 23.
Provided however that
such cover shall not attach until the vessel is launched.
4 INCORPORATION
The Institute Clauses for Builders’ Risks 1/6/88*1
except Clauses 4, 5.1 and 5.2, 7, 8, 21, 22, 23 and 24*2 are deemed
to be incorporated in this insurance, in so far as they do not conflict with
the provisions of these clauses.
5 DETAINMENT
In the event that the Vessel shall have been the subject
of capture seizure arrest restraint or detainment, and the Assured shall
thereby have lost the free use and disposal of the Vessel for a continuous
period of 12 months then for the purpose of ascertaining whether the Vessel is
a constructive total loss the Assured shall be deemed to have been deprived of
the possession of the Vessel without any likelihood of recovery.
6 EXCLUSIONS
This insurance excludes
6.1 loss
damage liability or expense arising from
6.1.1 any detonation of any weapon of war employing
atomic or nuclear fission and/or fusion or other like reaction
or radioactive force or matter, hereinafter called a nuclear
weapon of war
6.1.2 the
outbreak of war (whether there be a declaration of war or not) between any of
the following countries:
United Kingdom, United States of America, France, the Russian
Federation, the People’s Republic of
China
6.1.3 confiscation
expropriation requisition or pre-emption
6.1.4 capture
seizure arrest restraint or detainment by or under the order of the government
or any public or local
authority of the country in which the Vessel is owned or
registered
6.1.5 arrest restraint or detainment under quarantine
regulations or by reason of infringement of any customs or
trading regulations
6.1.6 the operation
of ordinary judicial process, failure to provide security or to pay any fine or
penalty or any
financial cause
6.1.7 any claims
based upon loss of or frustration of any voyage or contract for sale or other
adventure,
6.2 loss damage liability or expense covered by the Institute
Clauses for Builders’ Risks 1/6/88*1 or which would be
120
recoverable thereunder but for Clause 10 thereof,
6.3 any claim for any
sum recoverable under any other insurance on the property hereby insured or
which would be
recoverable under such insurance but for the existence of this
insurance,
6.4 any claim for
expenses arising from delay except such expenses as would be recoverable in
principle in English
law any practice under the York-Antwerp Rules 1974.
7 TERMINATION
7.1 This insurance may be cancelled by either the
Underwriters or the Assured giving 7 days notice (such
cancellation becoming effective on the expiry of 7 days
from midnight of the day on which notice of cancellation is issued by or to the Underwriters). The
Underwriters agree however to reinstate this insurance subject to agreement between the Underwriters and the
Assured prior to the expiry of such notice of cancellation as to new rate of
premium and/or conditions and/or warranties.
7.2 Whether
or not such
notice of cancellation
has been given
this insurance shall
TERMINATE
AUTOMATICALLY
7.2.1 upon the occurrence of any hostile detonation of
any nuclear weapon of war as defined in Clause 6.1.1
wheresoever or whensoever such detonation may occur and whether or
not the Vessel may be involved
7.2.2 upon the outbreak of war
(whether there be a declaration of war or not) between any of the following
countries:
United Kingdom, United States of America,
France, the Russian Federation, the People’s Republic of
China
7.2.3 in the event of the Vessel
being requisitioned, either for title or use.
7.3 In the event either of
cancellation by notice or of automatic termination of this insurance by reason
of the
operation of this Clause 7 pro rata net return of premium shall be
payable to the Assured.
This insurance shall not become effective if, subsequent
to its acceptance by the Underwriters and prior to the intended time of its attachment, there has occurred any event which would
have automatically terminated this insurance under the provisions of Clause 7
above.
*1 Amended (4/96)
*2 and the attached clauses thereof which are applied to
marine insurance on the subject-matter insured excluding the
Institute Strikes Clauses
Builders’ Risks 1/6/88 Amended (4/96)
1/6/88
INSTITUTE STRIKES CLAUSES
BUILDERS’ RISKS AMENDED (4/96)
(This Insurance is Subject to English law and
practice)
1 PERILS
Subject always to the exclusions hereinafter referred to,
this insurance covers loss of or damage to the subject-matter insured caused by
1.1 strikers, locked-out
workmen, or persons taking part in labour disturbances, riots or civil
commotions
1.2 any
terrorist or any person acting maliciously or from a political motive.
2 PROTECTION AND INDEMNITY
This insurance also covers, subject to the limitation of
liability provided for in Clauses 19.5 and 19.6 of the Institute Clauses for
Builders’ Risks 1/6/88*, the liability under Clause 19 of the
Institute Clauses for Builders’ Risks 1/6/88* which is excluded by Clause 22.1.
3 INCORPORATION
The Institute Clauses for Builders’ Risks
1/6/88* are deemed to be incorporated in this insurance, in so far
as they do
121
not conflict with the provisions of these clauses, but
this insurance excludes any claim which would be recoverable under the said clauses.
4 RETURNS OF PREMIUM
No return of premium hereunder unless specially agreed.
5 EXCLUSIONS
This insurance excludes
5.1 any loss of or damage to the subject-matter
insured covered by the Institute War Clauses Builders’ Risks 1/6/88*
5.2 any claim for
expenses arising from delay except such expenses as would be recoverable in
principle in English
law and practice under the York-Antwerp Rules 1974
5.3 piracy (but this
exclusion shall not affect cover under Clause 1.1)
5.4 any claim based upon
loss of or frustration of any voyage or contract for sale or other adventure.
The following clauses
shall be paramount and shall override anything contained in this insurance
inconsistent
therewith.
6 WAR EXCLUSION
In no
case shall this insurance cover loss damage or expense caused by war civil war
revolution rebellion insurrection, or civil strife arising therefrom, or any
hostile act by or against a belligerent power.
7 NUCLEAR EXCLUSION
In no
case shall this insurance cover loss damage liability or expense directly or
indirectly caused by or contributed to by or arising from
7.1 ionising radiations from or contamination by
radioactivity from any nuclear fuel or from any nuclear waste from
the combustion of nuclear fuel
7.2 the radioactive, toxic, explosive or other
hazardous properties of any explosive nuclear assembly or nuclear
component thereof
7.3 any weapon of war
employing atomic or nuclear fission and/or fusion or other like reaction or
radioactive force
or matter.
* Amended (4/96)
1/4/96
EARTHQUAKE RISKS CLAUSE
Notwithstanding the provision of Clause 6 of
the Institute Clauses for Builders’ Risks 1/6/88 Amended (4/96), this
insurance covers loss damage liability or
expense caused by earthquake or volcanic eruption, or tidal wave arising
therefrom.
1/4/96
PROCEEDING CLAUSE
Notwithstanding the provisions of the Clause
9 of the Institute Clauses for Builders’ Risks 1/6/88 Amended (4/96), it
is agreed that the Vessel shall have leave
to proceed under own power within a distance by water of the number of nautical
miles specified in the Schedule, or in tow
within a distance by water of 25 nautical miles of the port or place of
construction,
loaded or in ballast, as often as required,
for fitting out, docking, trials or delivery without notice to the Company.
122
1/4/2010
REPAIR CLAUSES (FOR I.B.C. AMENDED (4/2010))
Article 1.
Notwithstanding anything to the contrary contained in this
insurance, it is understood and agreed that the cost of repairing damage to the Vessel caused by an insured peril shall be
adjusted subject to Japanese law and practice.
Article 2.
1. If the Vessel sustains
damage by an insured peril, the Assured shall repair the damage without delay.
2. The Company shall indemnify the Assured for the
cost of repairs of such damage as referred to in the preceding
paragraph after the repairs have been completed but in
case the Assured fails to repair the damage without delay and repairs it later the Company shall
indemnify the Assured for the cost of repairs within the limit of the estimated
cost of repairs which would have been required had the repairs been made
without delay.
Article 3.
Notwithstanding
the preceding Article 2, if the Vessel damaged by an insured peril is sold in
the unrepaired condition, the Company shall
indemnify the Assured for the reasonable estimated cost of repairs within the
limit of the reasonable depreciation
in value of the Vessel due to the said damage, provided that the Company should
have been liable to indemnify the Assured for the cost of repairs had
the repairs been made.
However,
this Article 3 shall not affect Clauses 11.2 and 11.3 of the Institute Clauses
for Builders’ Risks 1/6/88 Amended (4/96).
1/4/91
CONSTRUCTIVE TOTAL LOSS CLAUSE
(FOR
REPAIRING RISKS INSURANCE)
There shall be no recovery for a Constructive Total Loss under
this insurance unless the expense of the recovering and
restoring the Vessel to the condition she
was in prior to the loss would exceed her value in that condition, which value
shall
be that of the Vessel at the time of inception
of the work (as specified in the Schedule, but excluding removed parts or
materials on and after it is decided they
are not to be reinstalled.) plus expenses and the cost of labor actually
expended for
repair, conversion or reconversion and material actually
incorporated in the Vessel at the time of the loss; but no claim for
a Constructive Total Loss hereunder shall
exceed this Policy’s proportion of the value so computed, plus this Policy’s
proportion of any damage to material insured
hereunder and not yet installed in the Vessel, plus any salvage and special
charges, and sue and labor expenses.
1/4/91
CONSTRUCTIVE TOTAL LOSS CLAUSE
(FOR SHIPREPAIRERS’ RISKS INSURANCE)
There shall be no recovery for a Constructive Total Loss under
this insurance unless the expense of the recovering and
restoring the Vessel to the condition she
was in prior to the loss would exceed her value in that condition, which value
shall
be that of the Vessel at the time of inception
of the work (as specified in the Schedule, but excluding removed parts or
materials on and after it is decided they
are not to be reinstalled.) plus expenses and the cost of labor actually
expended for
repair, conversion or reconversion and
material actually incorporated in the Vessel at the time of the loss including
accrued
overhead and profit on such labor and
material; but no claim for a Constructive Total Loss hereunder shall exceed
this
Policy’s proportion of the value so computed,
plus this Policy’s proportion of any damage to material insured hereunder
and not yet installed in the Vessel, plus any salvage and special
charges, and sue and labor expenses.
123
1/10/92
SUBJECT-MATTER INSURED CLAUSE
(FOR
BUILDERS’ RISKS INSURANCE)
The subject-matters insured by this insurance shall be
those enumerated below which belong to the Assured (including
those supplied by the orderer of the Vessel, if any) and which are
within the trading warranty specified in the Schedule.
(1) hull,
machinery, electric apparatus, navigational aids, equipment, fittings, etc. of
the Vessel and building materials
thereof
(2) blueprints, moulds and
wooden models used for building the Vessel
(3) fuel and lubricating
oil used in trial trip or voyage for fitting out, docking or delivering the
Vessel
1/10/92
SUBJECT-MATTER INSURED CLAUSE
(FOR
REPAIRING RISKS INSURANCE)
1. The subject-matters insured by this
insurance shall include those enumerated below and which are within the trading
warranty specified in
the Schedule in addition to the hull and machinery of the Vessel.
(1) parts or materials
removed from the Vessel
(2) repairing materials of
the Vessel supplied by the Assured
2. The parts or materials, which provided for
in item (1) of preceding paragraph and have been removed and shall not be
reinstalled, shall be
excluded from the subject-matter insured on and after it is decided they are
not to be reinstalled.
1/10/92
SUBJECT-MATTER INSURED CLAUSE
(FOR SHIPREPAIRERS’ RISKS INSURANCE)
1. The subject-matters insured by this insurance shall be those
enumerated below which belong to the Assured (including
those supplied by the orderer of the Vessel, if any) and which are
within the trading warranty specified in the Schedule.
(1) hull,
machinery, electric apparatus, navigational aids, equipment, fittings, etc. of
the Vessel and repairing materials
thereof
(2) parts or materials
removed from the Vessel
(3) blueprints, moulds and
wooden models used for repairing the Vessel
(4) fuel and lubricating
oil used in trial trip or voyage for fitting out, docking or delivering the
Vessel
2. The parts or materials, which provided for
in item (2) of preceding paragraph and have been removed and shall not be
reinstalled, shall be
excluded from the subject-matter insured on and after it is decided they are
not to be reinstalled.
1/4/2010
INSURED VALUE CLAUSES
(FOR BUILDERS’ RISKS INSURANCE)
The insured value shall be determined at not less than the
building contract price of the Vessel (if any parts are to be
supplied by the Orderer, the value thereof
shall be added to the building contract price of the Vessel; hereinafter to be
so
interpreted).
124
1/4/96
PERILS CLAUSE
(EARTHQUAKE RISKS ONLY)
The
provisions of Clauses 5 and 6 of the Institute Clauses for Builders’ Risks
1/6/88 Amended (4/96) shall be replaced by the following.
5 PERILS
5.1 SUBJECT ALWAYS TO ITS TERMS, CONDITIONS AND
EXCLUSIONS this insurance covers loss of or
damage to the subject-matter insured caused by earthquake,
volcanic eruption or tidal wave arising therefrom
and discovered during the period of this
insurance. In no case shall this insurance cover the cost of renewing
faulty welds.
5.2 In case of failure of launch caused by earthquake,
volcanic eruption or tidal wave arising therefrom, the
Underwriters to bear all subsequent expenses incurred in
completing launch.
6 EXCLUSION
This insurance excludes loss damage liability
or expense covered by the Institute Clauses for Builders’ Risks 1/6/88
Amended (4/96) and the attached clauses thereof under separate
insurance Policy (POLICY NO. : )
on the
subject-matter insured or which would be recoverable thereunder
but for Clause 10 thereof.
125
(5) OTHERS
1/4/2021
PREMIUM CLAUSES (A-2)
Article 1.
1. Person(s) effecting the insurance shall pay the premium by the
due date specified in the Policy (or by the next business
day when the due date
is bank holiday) or by the date 7days after the Company’s issuing debit note
whichever later
(hereinafter referred to as “dead line for the premium”).
The
Company may accept an extension of the dead line for premium up to 30 days from
the due date upon the request of Person(s) effecting the insurance before risk
attaching date.
2. In respect of the additional premium specified in the
Endorsement, Person(s) effecting the insurance shall pay the
premium by the due date
specified in the Endorsement (or by the next business day when the due date is
bank holiday)
or by the
7days after the Company’s issuing debit note whichever later (hereinafter
referred to as “dead line for additional premium”).
The
Company may accept an extension of the dead line for additional premium up to
30 days from the due date upon the request of Person(s)
effecting the insurance before the date of Endorsement.
Article 2.
Even after the risk attaching date, the Company shall not
be liable for any losses occur during the period of non-payment after the dead line for the premium and/or dead line for
additional premium and such non-liable period may last till the payment has
been made.
Article 3.
In the
event of non-payment of the premium within 30 days after the due date, the
Company shall not be liable for any losses occur after the due date.
Article 4.
In the
event of non-payment of the premium within 30 days after the due date, the
Company shall be entitled to cancel the insurance by sending notice of
cancellation to Person(s) effecting the insurance. Such cancellation shall take
effect from the due date to the future.
Article 5.
The Company shall return the premium received
corresponding to uncommenced period and shall have rights to collect
the unpaid premiums corresponding to the period before the
cancellation is made in accordance with the provisions of
Article 4.
1/4/2021
PREMIUM CLAUSES (B-2)
Article 1.
The
Company hereby agrees that Person(s) effecting the insurance due to pay the
total premium under this insurance in
installments in accordance with the numbers and amounts specified in the Policy
(hereinafter referred to as “installment premium”).
Article 2.
1. Person(s) effecting the insurance shall pay the 1st
installment premium by the due date specified in the Policy (or by
the next business day when the due date is bank holiday) or by the date
7days after the Company’s issuing debit note
whichever later (hereinafter referred to as “dead line for 1st
installment”).
The Company may accept an extension of the dead line for
1st installment up to 30 days from the due date upon the request of Person(s) effecting the insurance before risk attaching
date.
2. In respect of the additional premium specified in the
Endorsement (including 1st installment of additional premium if
it is agreed to pay in installments: hereinafter referred to as “1st
additional premium”), Person(s) effecting the insurance
126
shall pay the premium by the
due date specified in the Endorsement (or by the next business day when the due
date is bank holiday) or by the date 7days
after the Company’s issuing debit note whichever later (hereinafter referred to
as “dead line for 1st additional premium”).
The
Company may accept an extension of the dead line for 1st additional premium up
to 30 days from the due date upon the request of Person(s)
effecting the insurance before the date of Endorsement.
Article 3.
Even after the risk attaching date, the Company shall not
be liable for any losses occur during the period of non-payment of the 1st installment premium and/or the 1st
additional premium after the dead line and such non-liable period may last till the payment has been made.
Article 4.
In the
event of non-payment of the 1st installment and/or the 1st additional premium
within 30 days after the due date, the Company shall not be liable for any
losses occur after the due date.
Article 5.
Person(s) effecting the insurance shall pay the 2nd or
subsequent installment premium and/or 2nd or subsequent installment additional premium by the due date
specified in the Policy or Endorsement (or by the next business day when the due date is bank holiday).
Article 6.
If Person(s) effecting the insurance fail to pay the 2nd
or subsequent installment premium and/or the 2nd or subsequent additional premium by the corresponding date
of the month after next month of the due date (last day of the month should be the date if there is no
corresponding date within the month), the Company shall not be liable for any
losses occur after the due date.
Article 7.
1. In the event of non-payment of the 1st installment premium
and/or 1st additional premium within 30 days after the due
date, the Company shall
be entitled to cancel the insurance by sending notice of cancellation to
Person(s) effecting the
insurance. Such cancellation shall take effect from the due date
to the future.
2. If Person(s) effecting the insurance fail to pay the 2nd or
subsequent installment premium by the corresponding date of
the month after next
month of the due date (last day of the month should be the date if there is no
corresponding date
within the month), the Company
shall be entitled to cancel the insurance by sending notice of cancellation to
Person(s)
effecting the insurance. Such cancellation
shall take effect from the due date to the future whenever such notices are
given.
Article 8.
The Company shall return the premium received
corresponding to uncommenced period and shall have rights to collect
the unpaid premiums corresponding to the period before the
cancellation is made in accordance with the provisions of
Article 7.
1/4/2022
PREMIUM CLAUSES (A-3)
Article 1.
1.
Person(s) effecting the insurance shall pay the premium by the due date
specified in the Policy (or by the next business
day when the due date
is bank holiday) or by the date 7days after the Company’s issuing debit note
whichever later
(hereinafter referred to as “dead line for the premium”).
The Company may accept an extension of the dead line for
the premium up to 30 days from the due date upon the request
of Person(s) effecting the insurance before risk attaching date.
2. In respect of the additional premium specified in the
Endorsement, Person(s) effecting the insurance shall pay the
premium by the due date
specified in the Endorsement (or by the next business day when the due date is
bank holiday)
or by the
date 7days after the Company’s issuing debit note whichever later (hereinafter
referred to as “dead line for additional premium”).
127
The
Company may accept an extension of the dead line for additional premium up to
30 days from the due date upon the request of Person(s)
effecting the insurance before the date of Endorsement.
Article 2.
Even after the risk attaching date, the Company shall not
be liable for any losses occur during the period of non-payment after the dead line for the premium and/or dead line for
additional premium and such non-liable period may last till the payment has
been made.
Article 3.
In the
event of non-payment of the premium within 30 days after the due date, the
Company shall not be liable for any losses occur after the due date.
Article 4.
In the
event of non-payment of the premium within 30 days after the due date, the
Company shall be entitled to cancel the insurance by sending notice of
cancellation to Person(s) effecting the insurance. Such cancellation shall take
effect from the due date to the future.
Article 5.
The Company shall return the premium received
corresponding to uncommenced period and shall have rights to collect
the unpaid premiums corresponding to the period before the
cancellation is made in accordance with the provisions of
Article 4.
Article 6.
1. In respect of the additional premium
specified in the Endorsement for deviation and/or change of trading warranty,
Articles 1 through 5
shall not be applied.
2. In respect of the additional premium specified in the
Endorsement for deviation and/or change of trading warranty,
Person(s) effecting the insurance shall pay in lump by the due date all
the additional premiums specified in the
Endorsement(s)
for Deviations and/or Changes of Trading Warranty issued during the period of
the closing date of “Payment of Additional Premium for
Deviation and Change of Trading Warranty” specified in the Policy.
Article 7.
Unpaid premium shown below at the time of payment should be
deducted from claims other than total loss.
(1)
Premium over due
(2)
Additional premium not yet due in accordance with the provision of
“Payment of Additional Premium for
Deviation and Change of Trading Warranty”.
1/4/2022
PREMIUM CLAUSES (B-3)
Article 1.
The
Company hereby agrees that Person(s) effecting the insurance due to pay the
total premium under this insurance in
installments in accordance with the numbers and amounts specified in the Policy
(hereinafter referred to as “installment premium”).
Article 2.
1. Person(s) effecting the insurance shall pay the 1st
installment premium by the due date specified in the Policy (or by
the next business day when the due date is bank holiday) or by the date
7days after the Company’s issuing debit note
whichever later (hereinafter referred to as “dead line for 1st
installment”).
The Company may accept an extension of the dead line for
1st installment up to 30 days from the due date upon the request of Person(s) effecting the insurance before risk attaching
date.
2. In respect of the additional premium specified in the
Endorsement (including 1st installment of additional premium if
it is agreed to pay in installments: hereinafter referred to as “1st
additional premium”), Person(s) effecting the insurance
shall pay the premium by the
due date specified in the Endorsement (or by the next business day when the due
date is bank holiday) or by the date 7days
after the Company’s issuing debit note whichever later (hereinafter referred to
as “dead line for 1st additional premium”).
128
The
Company may accept an extension of the dead line for 1st additional premium up
to 30 days from the due date upon the request of Person(s)
effecting the insurance before the date of Endorsement.
Article 3.
Even after the risk attaching date, the Company shall not
be liable for any losses occur during the period of non-payment of the 1st installment premium and/or the 1st
additional premium after the dead line and such non-liable period may last till the payment has been made.
Article 4.
In the
event of non-payment of the 1st installment and/or the 1st additional premium
within 30 days after the due date, the Company shall not be liable for any
losses occur after the due date.
Article 5.
1. In respect of the 1st additional premium specified in the
Endorsement for deviation and/or change of trading warranty,
Articles 1 through 4
shall not be applied.
2. In
respect of the 1st additional premium specified in the Endorsement for
deviation and/or change of trading warranty,
Person(s) effecting the
insurance shall pay in lump by the due date all the additional premiums
specified in the
Endorsement(s)
for Deviations and/or Changes of Trading Warranty issued during the period of
the closing date of “Payment of Additional Premium for
Deviation and Change of Trading Warranty” specified in the Policy.
Article 6.
Person(s) effecting the insurance shall pay the 2nd or
subsequent installment premium and/or 2nd or subsequent installment additional premium by the due date
specified in the Policy or Endorsement (or by the next business day when the due date is bank holiday).
Article 7.
If Person(s) effecting the insurance fail to pay the 2nd
or subsequent installment premium and/or the 2nd or subsequent additional premium by the corresponding date
of the month after next month of the due date (last day of the month should be the date if there is no
corresponding date within the month), the Company shall not be liable for any
losses occur after the due date.
Article 8.
1. In the event of non-payment of the 1st installment premium
and/or 1st additional premium within 30 days after the due
date, the Company shall
be entitled to cancel the insurance by sending notice of cancellation to
Person(s) effecting the
insurance. Such cancellation shall take effect from the due date
to the future.
2. If Person(s) effecting the insurance fail to pay the 2nd or
subsequent installment premium by the corresponding date of
the month after next
month of the due date (last day of the month should be the date if there is no
corresponding date
within the month), the Company
shall be entitled to cancel the insurance by sending notice of cancellation to
Person(s)
effecting the insurance. Such cancellation
shall take effect from the due date to the future whenever such notices are
given.
Article 9.
The Company shall return the premium received
corresponding to uncommenced period and shall have rights to collect
the unpaid premiums corresponding to the period before the
cancellation is made in accordance with the provisions of
Article 8.
Article 10.
Unpaid premium shown below at the time of payment should be
deducted from claims other than total loss.
(1)
Premium over due
(2)
Additional premium not yet due in accordance with the provision of
“Payment of Additional Premium for
Deviation and Change of Trading Warranty”.
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1/4/90
FULL PREMIUM IF LOST CLAUSES
Article 1.
In the event of total loss or constructive total loss of
the Vessel covered herein from an insured peril, the balance between the annual
premium and the premium already paid shall be paid as additional premium.
Article 2.
If the additional payment of the preceding Article has
not been made before the Company make payment of a claim, the Company shall deduct the amount of the additional premium from
the amount of claim.
1/4/96
CO-INSURERS CLAUSES
Article 1.
This insurance being a
co-insurance of the insurance companies as specified in the Schedule
(hereinafter referred to as
“Co-Insurers”), they, each for themselves and not one for the
others, shall severally and independently have the rights
and assume the liabilities in proportion to their respective
insured amount or shares as specified in the Schedule.
Article 2.
The insurance company which is
designated as the leading company by the Person effecting the insurance at the
time of effecting this insurance contract and which is specified as the leading
company in the Schedule (hereinafter referred to as the “Leading Company”),
shall execute the following matters on behalf of all Co-Insurers.
(1) receipt of application
for insurance and issue and delivery of insurance policies etc.
(2)
receipt or return of insurance premiums
(3) consent to alterations
of insurance contract or cancellation of insurance contract
(4)
receipt of documents etc. connected with disclosure or notice based on
provisions under insurance contract and
consent to of such
disclosure or notice
(5) receipt of
documents etc. connected with assignment of right of claims etc. and consent to
such assignment, or
receipt of documents
etc. connected with establishment, assignment or extinguishment of right of
pledge for right
of claims etc. and consent to such establishment, assignment or
extinguishment
(6)
issue and delivery of endorsements etc. on insurance policy
(7) investigation of
subject-matter insured and any other matters connected with insurance contract
(8) receipt of documents
etc. connected with notice of occurrence of accidents or losses and receipt of
documents etc.
connected with claims
(9) survey for losses,
assessment of losses, payment of claims etc. and preservation of right of
Co-Insurers
(10) any other matters incidental to the above
Article 3.
The
matters listed in the Article 2 above which may be executed by the Leading
Company in connection with this insurance contract shall be
deemed as executed by all Co-Insurers.
Article 4.
Any notice or any other
matters which may be given to the Leading Company by the Person effecting the
insurance or the Assured etc. in connection with this insurance contract shall
be deemed as given to all Co-Insurers.
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10/11/2003
INSTITUTE
RADIOACTIVE CONTAMINATION, CHEMICAL, BIOLOGICAL, BIO-CHEMICAL AND ELECTROMAGNETIC
WEAPONS EXCLUSION CLAUSE
This clause shall be paramount and shall override anything
contained in this insurance inconsistent therewith
1. In no case shall this insurance cover loss
damage liability or expense directly or indirectly caused by or contributed to
by or arising from
1.1 ionising radiations from or contamination by
radioactivity from any nuclear fuel or from any nuclear waste or
from the combustion of nuclear fuel
1.2 the radioactive, toxic, explosive or other
hazardous or contaminating properties of any nuclear installation, reactor
or other nuclear assembly or nuclear component thereof
1.3 any weapon or device employing atomic or nuclear
fission and/or fusion or other like reaction or radioactive
force or matter
1.4 the radioactive, toxic, explosive or other
hazardous or contaminating properties of any radioactive matter. The
exclusion
in this sub-clause does not extend to radioactive isotopes, other than nuclear
fuel, when such isotopes are being prepared,
carried, stored, or used for commercial, agricultural, medical, scientific or
other similar peaceful purposes.
1.5 any chemical,
biological, bio-chemical, or electromagnetic weapon.
1/1/99
MARINE HULL
COMPUTER AND SOFTWARE DATE
RECOGNITION EXCLUSION CLAUSE
1. This insurance does not cover any loss, damage, liability or expense
directly or indirectly caused by or in any way in
consequence of
(1) any
change of date or recognition, exchange or process of any time, year, date or
date like code or data of any
computer device or software belonging to or in
possession of or under the management of or rented or leased by
the Person effecting the insurance or the Assured or the Manager
of the Vessel
(2)
any measures taken in order to test or correct any failure or inability,
whether actual or anticipated, in respect of
Clause 1-(1).
2. Where the Person effecting the insurance or the Assured, under the
instruction, supervision or guidance of
manufacturers
of a computer device or software or any other person with equivalent expertise,
has taken necessary or
effective measures, in advance, to correct
any failure or inability in respect of Clause 1-(1) and can demonstrate a claim
has not resulted from want of due diligence by
the Person effecting the insurance or the Assured, Clause 1 shall not
apply.
3. Notwithstanding Clause 2 in no circumstances shall this insurance be
extended to cover any loss, damage, liability or
expense in respect of
(1)
any defect of a computer device or software caused by or in consequence
of any failure or inability in respect of
Clause 1-(1)
(2) directly or
indirectly, any malfunction or inability of any computer device or software
caused by or in consequence
of any failure or inability in respect of Clause
1-(1)
(3)
any software
(4) loss of hire or
anticipated earnings arising from testing or correcting any of the matters
referred to in Clause 3-(1),
3-(2) or 3-(3).
4. The word computer device in Clause 1, 2 and/or 3 shall mean any computer
system, hardware, integrated circuit,
microchip and/or any other electronic device or component.
131
5. The word software in Clause 1, 2 and/or 3 shall mean any
computer software, operating system, program or data.
1/4/2010
LAW AND PRACTICE CLAUSES
This insurance is subject to English law and practice as
to liability for and settlement of any and all claims unless any
provision contained in this insurance is
inconsistent therewith. In all other respects, this insurance is subject to
Japanese
law and practice.
1/4/2010
DUTY OF ASSURED AND RIGHTS OF INSURER CLAUSES
1. Disclosure
The
Person effecting the insurance and/or the Assured must disclose to the Company,
before the insurance contract is concluded, every material circumstance which
is known to the Person effecting the insurance and/or the Assured, and the Person effecting the insurance and/or the
Assured is deemed to know every circumstance which, in the ordinary course
of business, ought to be known by the Person effecting the insurance and/or the
Assured. Every circumstance is material which
would influence the judgment of the Company in fixing the insurance terms and
conditions, or determining whether the Company will take the risk.
2. Inspection
The Company is entitled to inspect the Vessel at any time
during the period of this insurance, and, if the Person effecting the insurance and/or the Assured refuses an
inspection without any justifiable reason, the Company may cancel this insurance contract.
3. Value
When the value of the insured interest decreases
substantially during the period of this insurance, the Company may request reduction of the insured value.
4. Subrogation
When
the Vessel becomes a total loss and the Company indemnifies therefor, the
Company shall be entitled to choose whether or not to acquire the proprietary
right of the Vessel.
1/4/2010
LIEN CLAUSES
Article 1
These paragraphs shall be
applied in the event the Company becomes liable to indemnify the Assured for
any damage caused by reason of the Assured becoming liable (hereinafter
referred as “liability damage”).
Article 2
1. In case where the Liability Damage Claimant (who is
defined as the person who has the right to demand from the
Assured for liability damage, hereinafter to be so interpreted) has lien
over the right of the Assured and/or the
Beneficiaries to claim
insurance proceeds against the Company (which is limited to liability damage,
hereinafter to be so interpreted) based upon
the Insurance Contract Act in Japan, the Company shall pay insurance proceeds
(which is limited to liability damage, hereinafter to be interpreted)
should any of the following cases apply:
(1) In the event
that the Company pays liability damage to the Assured, after the Assured paid
such damage to the
Liability Damage Claimant. However, the indemnity
to be paid by the Company shall be limited to the amount
which the Assured has paid or is due to pay to the Liability
Damage Claimant.
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(2) In the event that the Company pays liability
damage directly to the Liability Damage Claimant in accordance with
the payment order by
the Assured, before the Assured pays such damage to the Liability Damage
Claimant.
(3) In
the event that the Company pays liability damage directly to the Liability
Damage Claimant by reason of the
Liability Damage Claimant exercising lien over the
right to claim insurance proceeds, before the Assured pays
such damage to the Liability Damage Claimant.
(4) In
the event that the Company pays liability damage to the Assured based upon the
agreement by the Liability
Damage Claimant for the Company to do so, before
the Assured pays such damage to the Liability Damage
Claimant.
However, the indemnity to be paid by the Company shall be limited to the amount
agreed by the Liability Damage Claimant.
2. In
an instance where the Liability Damage Claimant has lien or the same kind of
special right which shall limit the right
of the Assured and/or
the Beneficiaries to claim insurance proceeds against the Company based upon
Foreign Laws or
Treaties, the indemnity to be paid by the Company shall be subject
to such laws or treaties.
1/4/2012
CANCELLATION AND PREMIUM RETURN CLAUSES
This
Clause shall prevail notwithstanding any provision in this insurance
inconsistent therewith. 1. The Company shall adjust premium as follows:
(1) Return pro rata daily
premium if this insurance be cancelled by the Company.
(2)
Return or charge difference between premium received and premium
corresponding to expired period calculated
with the table below
if this insurance be cancelled by the Person(s) effecting the insurance.
|
Period |
Up to 1 month |
Up to 2 months |
Up to 3 months |
Up to 4 months |
Up to 5 months |
Up to 6 months |
Up to 7 months |
Up to 8 months |
More than 8 months |
|
Percent of annual premium |
20% |
30% |
40% |
50% |
60% |
70% |
80% |
90% |
100% |
2. Notwithstanding preceding Article 1.(2), the Company shall return pro
rata daily premium if this insurance be cancelled
by the Person(s) effecting the insurance by reason of:
(1)
Termination of insurable interest
(2)
Cancellation and Replacement (excluding replacement from/to Port Risks)
but subject to not smaller coverage
3. Notwithstanding preceding
Articles 1. and 2., where this insurance be Builders’ Risks, the Company shall
return or
charge difference between premium received and premium corresponding to
expired period if this insurance be
cancelled by the Person(s) effecting the insurance.
Notwithstanding
preceding Articles 1.,2. and 3., where this insurance be Voyage Risks, the
Company shall not return any premium if this insurance be cancelled by the
Company or the Person(s) effecting the insurance.
1/6/2019
JURISDICTION CLAUSE
This insurance is subject to the jurisdiction of the court in the
district where the Company’s Head Office is situated.
133
8/11/2010
SANCTION LIMITATION AND
EXCLUSION CLAUSE
No insurer shall be deemed to provide cover and no
insurer shall be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such
cover, payment of such claim or provision of such benefit would expose that
insurer to any sanction, prohibition or restriction
under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, Japan, United Kingdom or United
States of America.
1/4/2013
IRANIAN OIL EXCLUSION CLAUSE
In the event of the Vessel being employed in a transport
of crude oil, petroleum products and petrochemical products, natural gas and other gaseous hydrocarbons
from Iran, no claim shall be recoverable under this insurance for loss, damage,
liability or expense.
1/4/2023
RUSSIAN OIL EXCLUSION CLAUSE (FOR OIL PRICE CAP
EXCEPTION)
In the event of the Vessel being employed in a
transport of Russian-origin Crude Oil (HS Code 2709.00) or Petroleum Products (HS Code 2710), no claim shall be recoverable under this
insurance for loss, damage, liability or expense.
Notwithstanding the preceding paragraph, if the Assured submit an
Attestation required by the Company or the Company specifically agrees to such
transportation(s), this exclusion shall not apply.
――――――――――――――――――――――――――――――――――――――――――
1/4/2007
CLASSIFICATION CLAUSE
1. It is warranted that the
vessel maintains a class of Member or Associate of International Association of
Classification
Societies Ltd. which is approved by the Company at the inception
of this insurance.
2. The company shall not indemnify the Assured for any loss or damage
subsequent to the following incidents unless such
incident has ceased or has been corrected and written agreement by
the Company has been given.
(1) Change of the
classification society not approved by the Company.
(2)
Withdrawal or expiry of the class.
(3)
Suspension or discontinuance of the class.
(4) Failure to follow or satisfy any
recommendation, requirement or restriction given by the classification society
concerning the
seaworthiness of the vessel, within the designated date given by the
classification society.
3. In the event of any of the
incidents enumerated in the foregoing 2.(1) to 2.(4), this insurance may be
canceled by the
Company.
Such cancellation shall be effective only after such event has occurred.
However, the right to cancel the insurance
by the company shall cease unless the right is exercised within 30 days from
the time the company has acknowledged such incident.
11/11/2019
MARINE CYBER ENDORSEMENT - LMA5403
1
Subject only to paragraph 3 below, in no case shall this insurance cover
loss, damage, liability or expense directly or
134
indirectly
caused by or contributed to by or arising from the use or operation, as a means
for inflicting harm, of any computer, computer system,
computer software programme, malicious code, computer virus, computer process
or any other electronic system.
2 Subject to the conditions, limitations and
exclusions of the policy to which this clause attaches, the indemnity otherwise
recoverable hereunder
shall not be prejudiced by the use or operation of any computer, computer
system, computer
software
programme, computer process or any other electronic system, if such use or
operation is not as a means for inflicting harm.
3 Where this clause
is endorsed on policies covering risks of war, civil war, revolution,
rebellion, insurrection, or civil
strife arising therefrom, or any hostile act by or against a belligerent
power, or terrorism or any person acting from a
political motive, paragraph 1
shall not operate to exclude losses (which would otherwise be covered) arising
from the use of any computer, computer
system or computer software programme or any other electronic system in the
launch and/or guidance system and/or firing mechanism of any weapon or missile.
10/11/2003
INSTITUTE CYBER ATTACK
EXCLUSION CLAUSE - CL380
1.1 Subject only to clause
1.2 below, in no case shall this insurance cover loss, damage, liability or
expense directly
or
indirectly caused by or contributed to by or arising from the use or operation,
as a means for inflicting harm, of any computer, computer system, computer
software programme, malicious code, computer virus or computer process or any
other electronic system.
1.2 Where this clause is endorsed on policies covering
risks of war, civil war, revolution, rebellion, insurrection, or
civil strife arising therefrom, or any hostile act by or
against a belligerent power, or terrorism or any person acting from a political
motive, Clause 1.1 shall not operate to exclude losses (which would otherwise
be covered) arising from the use of any computer, computer
system or computer software programme or any other electronic system in the
launch and/or guidance system and/or firing mechanism of any weapon or missile.
LOSS PAYABLE CLAUSE (A)
(1) In the event of losses
other than Actual and/or Constructive Total Loss, the insurance proceeds shall
be directly paid
by the Underwriter to the Contractor (Bareboat-charterer)
(2) In the event of Actual and/or Constructive Total Loss, the insurance
proceeds shall be directly paid by the Underwriter
to the shipowner.
(3) In respect of Collision Clauses, the Underwriter regards the Contractor
as the Assured and the insurance proceeds
shall be directly paid by the Underwriter to the Contractor.
(4) In the event of the establishment of Pledge(s) (“Shichiken” under
Japanese Law) on this insurance policy, the
insurance proceeds shall be paid to Pledgee(s).
LOSS PAYABLE CLAUSE (B)
(1) In the event of losses
other than Actual and/or Constructive Total Loss, the insurance proceeds, shall
be directly paid
by the Underwriter to the Contractor (Bareboat-charterer)
(2) In the event of Actual and/or Constructive Total Loss, the insurance
proceeds shall be directly paid by the Underwriter
to (as specified in the schedule)
(3) In respect of Collision Clauses, the Underwriter regards the Contractor
as the Assured and the insurance proceeds,
shall be directly paid by the Underwriter to the Contractor.
(4) In the event of the establishment of Pledge(s) (“Shichiken” under
Japanese Law) on this insurance policy, the
135
insurance proceeds shall be paid to Pledgee(s).
1/4/2005
ASSURED CLAUSE
In
respect of liability covered under this insurance, the Person effecting the
insurance shall be added to the Assured(s) and such coverage shall also be
given to the Person effecting the insurance accordingly.
LEASED EQUIPMENT CLAUSE
This insurance is extended to cover equipment
and apparatus, not owned by the Assured but installed for use on the insured vessel, and for which the Assured has assumed liability,
whether such equipment or apparatus be in the nature of aids to navigation or communication or otherwise, subject to all other
terms and conditions of this policy but in no event shall the liability
of Underwriters exceed the contractual liability of the Assured for such
equipment or apparatus. All such equipment
or apparatus installed on the vessel but not owned by the Assured shall be
included in the agreed valuation of the
Hull & c., unless its function is directly related to the propulsion of the
vessel in which event such equipment and apparatus shall be included in
the agreed valuation of Machinery.
WAGES AND MAINTENANCE
RECOVERABLE IN PARTICULAR
AVERAGE
It is agreed that the following sentence is added at the end of
the clause 16 of the Institute Time Clauses-Hulls 1/10/83.
This exclusion shall not apply to overtime or similar
extraordinary payments to Officers or Crew members incurred in
shifting the vessel for tank cleaning or repairs or while
specifically engaged in these activities, either in port or at sea.
1/4/84
FIRE AND POLLUTION HAZARD CLAUSES (A)
Article 1.
In the event of the Vessel suffering loss or damage as the result
of the undermentioned emergency measures taken by
the Japanese or foreign government authorities
(hereinafter referred to as “loss or damage caused by emergency
measures”), such loss or damage shall be
deemed to be caused by the maritime accident which has necessitated the
emergency measures and shall be indemnified subject to the terms
and conditions of this insurance.
Provided, however, that the cost of repairs
arising from the loss or damage caused by the emergency measures is
recoverable only when the Company is liable
to pay, under the provisions of this insurance, the cost of repairs of the
damage to the Vessel caused by the maritime, accident which has
necessitated such emergency measures.
(1) Emergency
measures taken to extinguish a fire which is covered by this insurance and/or
to prevent the fire from
spreading and/or to
save human life when it has broken out on the Vessel.
(2) Emergency measures taken for the same purpose
as is stipulated in paragraph (1) when the Vessel is about to catch
fire in consequence of the damage to the Vessel
which was caused by the maritime accident covered by this
insurance (hereinafter referred to as “damage by insured perils”)
(3)
Emergency measures taken to prevent or to mitigate pollution, where the
Vessel has suffered damage by insured
perils and the oil or any other substance which
has leaked or been discharged from the Vessel pollutes or threatens
to pollute seas, waters, rivers, etc.
136
Article 2.
Notwithstanding the preceding Article 1, the Company shall
not be liable for loss or damage caused by emergency measures in case such
emergency measures have resulted from want of due diligence by the person(s)
effecting this insurance, the Assured, the Owners or Managers of the Vessel or
any of them to prevent or mitigate such hazard or threat thereof. Master, Officers, Crew or Pilots not to
be considered Owners within the meaning of these clauses should they hold
shares in the Vessel.
Article 3.
The
Company shall not be liable for the cost or expense incurred as the result of
the emergency measures unless these are recoverable under the provisions of the
other clauses of this insurance.
Article 4.
These clauses shall prevail notwithstanding anything contained in
this insurance inconsistent therewith.
1/4/84
FIRE AND POLLUTION HAZARD CLAUSES (B)
Article 1.
In the event of the Vessel
suffering loss or damage as the result of the undermentioned emergency measures
taken by the Japanese or foreign government
authorities, such loss or damage shall be deemed to be caused by the maritime accident which has necessitated the emergency
measures and shall be indemnified for subject to the terms and conditions
of this insurance.
(1) Emergency
measures taken to extinguish a fire which is covered by this insurance and/or
to prevent the fire from
spreading and/or to
save human life when it has broken out on the Vessel.
(2) Emergency measures taken for the same purpose
as is stipulated in paragraph (1) when the Vessel is about to catch
fire in consequence of the damage to the Vessel
which was caused by the maritime accident covered by this
insurance (hereinafter referred to as “damage by insured perils”)
(3)
Emergency measures taken to prevent or to mitigate pollution, where the
Vessel has suffered damage by insured
perils and the oil or any other substance which
has leaked or been discharged from the Vessel pollutes or threatens
to pollute seas, waters, rivers, etc.
Article 2.
Notwithstanding
the preceding Article 1, the Company shall not be liable for loss or damage
caused by emergency measures in case such emergency measures have resulted from
want of due diligence by the person(s) effecting this insurance, the Assured,
the Owners or Managers of the Vessel or any of them to prevent or mitigate such
hazard or threat thereof. Master, Officers, Crew or
Pilots not to be considered Owners within the meaning of these clauses should
they hold shares in the Vessel.
Article 3.
The Company shall not be
liable for the cost or expense incurred as the result of the emergency measures
unless these are recoverable under the provisions of the other clauses of this
insurance.
Article 4.
These clauses shall prevail notwithstanding anything contained in
this insurance inconsistent therewith.
1/4/84
TANK CLEANING AND/OR GAS-FREEING CLAUSE
In cases where repairs and/or inspection on
the Assured’s account which require the tanks being cleaned and/or gas
freed, whether they are immediately necessary to make the Vessel
seaworthy or not, are executed concurrently with other
repairs for the cost of which the Company is liable and which also
require the tanks being cleaned and/or gas freed, the
137
cost of
such cleaning and/or gas freeing as is common to both repairs and/or inspection
shall be divided equally between the
Assured and the Company.
1/4/2010
REPAIR CLAUSES
Article 1.
Notwithstanding
anything to the contrary contained in this insurance, it is understood and
agreed that the cost of repairing damage to the Vessel
caused by an insured peril shall be adjusted subject to Japanese law and
practice.
Article 2.
1. If the Vessel sustains damage by an insured peril, the Assured
shall repair the damage without delay.
2. The Company shall indemnify the Assured
for the cost of repairs of such damage as referred to in the preceding
paragraph after the repairs have been completed but in case the Assured
fails to repair the damage without delay
and repairs it later the
Company shall indemnify the Assured for the cost of repairs within the limit of
the estimated cost of repairs which would have been required had the repairs
been made without delay.
Article 3.
Notwithstanding the preceding
Article 2, if the Vessel damaged by an insured peril is sold in the unrepaired
condition, the Company shall indemnify the
Assured for the reasonable estimated cost of repairs within the limit of the
reasonable depreciation in value of
the Vessel due to the said damage, provided that the Company should have been
liable to indemnify the Assured for the cost of repairs had the repairs
been made.
However,
this Article 3 shall not affect Clauses 18.2 and 18.3 of the Institute Time
Clauses-Hulls 1/10/83 Amended for Japanese Clauses Class No.5 (4/90) or No.6
(4/93).
1/4/90
RIGHTS AND DUTIES ON THE VESSEL CLAUSES
Article 1.
The Assured may not make a claim for total loss by way of
abandonment of the Vessel to the Company under this
insurance.
Article 2.
When the Vessel becomes a total loss and the Company
indemnifies therefore, the Company shall be entitled to choose whether or not
to acquire the proprietary right of the Vessel.
Article 3.
In
case that the Company does not acquire the proprietary right of the Vessel in
accordance with the preceding Article, the Company shall so inform the Assured
before making the payment of indemnity.
Article 4.
In
case that the Company acquires the proprietary right of the Vessel in
accordance with Article 2 above, the Company shall, by the payment of total
loss, acquire the proprietary right of the Vessel in such proportion as the
insured amount bears to the insured value.
Article 5.
When
the Vessel becomes a total loss, the Assured or the Beneficiary must inform the
Company of the following facts before they make a claim for the indemnity of
total loss:
(1) Existence or
non-existence of any preferential right, pledge, mortgage, right of
charter-by-demise, lien and any
other rights existing on the Vessel which may
restrict the proprietary right thereof and, if there exists any, the
contents thereof.
(2) Existence or
non-existence of any legal liabilities attaching to the Vessel either under the
public or private law or
138
any fact that may give rise to such Liabilities.
Article 6.
The Company may withhold the payment of indemnity until
the information is provided by the Assured or the Beneficiary
in accordance with the preceding Article.
Article 7.
Even
after the Company has acquired the proprietary right of the Vessel in
accordance with Article 2 above, any sum of
money necessary to satisfy or extinguish the rights enumerated in item (1) of
Article 5 above, or, to discharge the liabilities stipulated in item (2)
of Article 5 above, shall be borne by the Assured or the Beneficiary.
1/4/90
RIGHT OF CLAIM FOR COMPENSATION
AGAINST A THIRD PARTY CLAUSE
If, in case where loss has been caused by the
perils insured against, the Assured has acquired a right of claim for compensation against a third party and the Company has indemnified
the Assured for the loss, the Company shall acquire such right, to the extent
of the amount paid and in so far as the right of the Assured is not prejudiced.
SPECIAL NAVIGATION CLAUSE
The Company shall not indemnify loss or damage occurring
subsequent to any breach of the Conditions of Navigation enumerated in this
policy, except where the Company’s consent in writing has been given.
1/4/2011
BOTTOM PAINTING CLAUSES (A)
Article 1.
Only that
part of the cost and painting expenses of boot topping and anticorrosive paints
which is allocated to the damaged portion may be
included in the “cost of repairs”
Article 2.
In cases
where the repair of damage covered under this insurance requires the Vessel to
be put in a drydock or on a slipway,
the cost and painting expenses of anti-fouling paint (including the expense for
scraping the bottom) may be included in the “cost of
repairs” only up to the limit of amount undermentioned;
Article 3.
Where the repair of damage
covered under this insurance is made concurrently with other work and/or
inspection, one half of the following cost, expenses and charges shall be
included in the “cost of repairs”.
(1) the expenses for
putting the Vessel in and out of a drydock or putting the Vessel on and off a
slipway.
(2) the
charges for the use of a drydock or a slipway calculated according to the
number of days which would have
been required had the Vessel been separately
drydocked or placed on a slipway solely for the repair of damage
covered under this insurance,
provided, however, that only one half of such charges are allowable for the
number of days overlapping.
(3) the cost and painting
expenses of anti-fouling paint stipulated in Article 2 above.
Article 4.
Notwithstanding
item (3) of the preceding Article, the whole cost and painting expenses of
anti-fouling paint stipulated
in Article 2 above shall be included in the “cost of repairs” when
anti-fouling paint is painted only in the damaged area
on the bottom.
139
unit : yen
|
Type of vessel Tonnage applied in the calculation of hull rates * |
A |
B |
C |
D |
E |
|
all types other than those in B to E |
Container, Pure Car Carrier and Car Ferry |
L.N.G. Carrier |
Vessels without Engines |
Catamaran type vessels |
|
|
under 100
tons |
400,000 |
500,000 |
|
300,000 |
800,000 |
|
100 tons and over |
700,000 |
900,000 |
|
600,000 |
1,400,000 |
|
200 〃 |
1,000,000 |
1,200,000 |
|
800,000 |
1,800,000 |
|
500 〃 |
1,200,000 |
1,500,000 |
|
900,000 |
2,300,000 |
|
700 〃 |
1,500,000 |
1,800,000 |
|
1,200,000 |
2,700,000 |
|
1,000 〃 |
2,000,000 |
2,400,000 |
|
1,500,000 |
3,600,000 |
|
2,000 〃 |
2,500,000 |
3,000,000 |
|
1,900,000 |
4,500,000 |
|
3,000 〃 |
3,000,000 |
3,600,000 |
|
2,300,000 |
5,400,000 |
|
4,000 〃 |
3,500,000 |
4,400,000 |
|
2,700,000 |
6,600,000 |
|
5,000 〃 |
3,800,000 |
4,600,000 |
|
2,900,000 |
6,900,000 |
|
6,000 〃 |
4,200,000 |
5,100,000 |
|
3,200,000 |
7,700,000 |
|
7,000 〃 |
4,500,000 |
5,400,000 |
|
3,400,000 |
8,100,000 |
|
8,000 〃 |
4,900,000 |
5,900,000 |
|
3,700,000 |
8,900,000 |
|
9,000 〃 |
5,500,000 |
6,500,000 |
|
4,000,000 |
9,500,000 |
|
10,000 〃 |
7,000,000 |
8,500,000 |
|
5,500,000 |
12,500,000 |
|
20,000 〃 |
9,000,000 |
11,000,000 |
|
7,000,000 |
|
|
30,000 〃 |
11,000,000 |
13,000,000 |
|
8,000,000 |
|
|
40,000 〃 |
12,500,000 |
15,500,000 |
9,000,000 |
9,500,000 |
|
|
50,000 〃 |
14,000,000 |
17,000,000 |
10,000,000 |
10,500,000 |
|
|
60,000 〃 |
15,500,000 |
18,500,000 |
11,000,000 |
11,500,000 |
|
|
70,000 〃 |
17,000,000 |
20,000,000 |
12,000,000 |
12,500,000 |
|
|
80,000 〃 |
18,500,000 |
22,000,000 |
13,000,000 |
13,500,000 |
|
|
90,000 〃 |
19,500,000 |
23,500,000 |
14,000,000 |
14,500,000 |
|
|
100,000 〃 |
21,000,000 |
|
15,000,000 |
|
|
|
110,000 〃 |
22,500,000 |
|
16,000,000 |
|
|
|
120,000 〃 |
24,000,000 |
|
17,000,000 |
|
|
|
130,000 〃 |
25,000,000 |
|
18,000,000 |
|
|
|
140,000 〃 |
26,500,000 |
|
18,500,000 |
|
|
|
150,000 〃 |
28,000,000 |
|
|
|
|
|
160,000 〃 |
29,000,000 |
|
|
|
|
|
170,000 〃 |
30,500,000 |
|
|
|
|
|
180,000 〃 |
32,000,000 |
|
|
|
|
|
190,000 〃 |
33,500,000 |
|
|
|
|
*
* the tonnage applied in the calculation of hull rates for a
floating dock shall be deemed to be as follows; length (m) × breadth (m) ×
height of the side wall (m) ÷ 2.832 × 0.24
140
1/4/2011
BOTTOM PAINTING CLAUSES (B)
Article 1.
Only that part of the cost and painting expenses of boot
topping and anticorrosive paints which is allocated to the damaged portion may be included in the “cost of repairs”.
Article 2.
In cases where the repair of damage covered under this
insurance requires the Vessel to be put in a drydock or on a slipway, the cost and painting expenses of
anti-fouling paint (including the expense for scraping the bottom) may be included in the “cost of repairs” only up to the limit of amount
undermentioned;
Article 3.
Where
the repair of damage covered under this insurance is made concurrently with
other work and/or inspection, one half of the following cost, expenses and
charges shall be included in the “cost of repairs”.
(1) the expenses for
putting the Vessel in and out of a drydock or putting the Vessel on and off a
slipway.
(2) the
charges for the use of a drydock or a slipway calculated according to the
number of days which would have
been required had the Vessel been separately
drydocked or placed on a slipway solely for the repair of damage
covered under this insurance,
provided, however, that only one half of such charges are allowable for the
number of days overlapping.
(3) the cost and painting
expenses of anti-fouling paint stipulated in Article 2 above.
Article 4.
Notwithstanding item (3) of the preceding Article, the
whole cost and painting expenses of anti-fouling paint stipulated
in Article 2 above shall be included in the “cost of repairs” when
anti-fouling paint is painted only in the damaged area
on the bottom.
141
unit : yen
|
Type of vessel Tonnage applied in the calculation of hull rates |
A |
B |
C |
D |
|
all types other than those in B to D |
Container, Pure Car Carrier and Car Ferry |
L.N.G. Carrier |
Catamaran type vessels |
|
|
under 100
tons |
400,000 |
500,000 |
|
800,000 |
|
100 tons and over |
700,000 |
900,000 |
|
1,400,000 |
|
200 〃 |
1,000,000 |
1,200,000 |
|
1,800,000 |
|
500 〃 |
1,200,000 |
1,500,000 |
|
2,300,000 |
|
700 〃 |
1,500,000 |
1,800,000 |
|
2,700,000 |
|
1,000 〃 |
1,600,000 |
1,920,000 |
1,120,000 |
2,880,000 |
|
2,000 〃 |
2,000,000 |
2,400,000 |
1,400,000 |
3,600,000 |
|
3,000 〃 |
2,400,000 |
2,880,000 |
1,700,000 |
4,320,000 |
|
4,000 〃 |
2,800,000 |
3,520,000 |
2,000,000 |
5,280,000 |
|
5,000 〃 |
3,040,000 |
3,680,000 |
2,150,000 |
5,520,000 |
|
6,000 〃 |
3,360,000 |
4,080,000 |
2,400,000 |
6,160,000 |
|
7,000 〃 |
3,600,000 |
4,320,000 |
2,600,000 |
6,480,000 |
|
8,000 〃 |
3,920,000 |
4,720,000 |
2,820,000 |
7,120,000 |
|
9,000 〃 |
4,400,000 |
5,200,000 |
3,170,000 |
7,600,000 |
|
10,000 〃 |
5,600,000 |
6,800,000 |
4,030,000 |
10,000,000 |
|
20,000 〃 |
7,200,000 |
8,800,000 |
5,180,000 |
|
|
30,000 〃 |
8,800,000 |
10,400,000 |
6,340,000 |
|
|
40,000 〃 |
10,000,000 |
12,400,000 |
7,200,000 |
|
|
50,000 〃 |
11,200,000 |
13,600,000 |
8,000,000 |
|
|
60,000 〃 |
12,400,000 |
14,800,000 |
8,800,000 |
|
|
70,000 〃 |
13,600,000 |
16,000,000 |
9,600,000 |
|
|
80,000 〃 |
14,800,000 |
17,600,000 |
10,400,000 |
|
|
90,000 〃 |
15,600,000 |
18,800,000 |
11,200,000 |
|
|
100,000 〃 |
16,800,000 |
|
12,000,000 |
|
|
110,000 〃 |
18,000,000 |
|
12,800,000 |
|
|
120,000 〃 |
19,200,000 |
|
13,600,000 |
|
|
130,000 〃 |
20,000,000 |
|
14,400,000 |
|
|
140,000 〃 |
21,200,000 |
|
14,800,000 |
|
|
150,000 〃 |
22,400,000 |
|
|
|
|
160,000 〃 |
23,200,000 |
|
|
|
|
170,000 〃 |
24,400,000 |
|
|
|
|
180,000 〃 |
25,600,000 |
|
|
|
|
190,000 〃 |
26,800,000 |
|
|
|
1/4/93
BOTTOM TREATMENT CLAUSE
In no case shall a claim be allowed in
respect of scraping gritblasting and/or other surface preparation or painting
of the Vessel’s bottom except that
1.1
gritblasting and/or other surface preparation of new bottom plates
ashore and supplying and applying any “shop”
primer thereto,
142
1.2 gritblasting and/or
other surface preparation of:
the butts or area of plating immediately adjacent to any
renewed or refitted plating damaged during the course of welding and/or repairs,
areas of plating damaged during the course of fairing, either in
place or ashore,
1.3 supplying and
applying the first coat of primer/anti-corrosive to those particular areas
mentioned in 1.1 and 1.2 above, shall be allowed as part of the reasonable cost
of repairs in respect of bottom plating damaged by an insured peril.
1/4/2010
SPECIAL CLAUSE FOR YORK-ANTWERP
RULES
(FOR AMENDED CLAUSES)
“York-Antwerp Rules, 1974” in clauses applicable under
this policy shall be hereby deleted and replaced by “York-
Antwerp Rules, 1994”
20/11/2020
JHC COMMUNICABLE DISEASE EXCLUSION
1. Notwithstanding any provision to the contrary in this
(re)insurance, it is hereby agreed that this (re)insurance excludes
absolutely all
Communicable Disease Loss, save where the conditions of the Infected Individual
Exception are met.
2.1 “Communicable Disease Loss” shall mean all loss,
damage, liability, or expense of whatsoever nature, proximately
caused by or
significantly caused by or contributed to by or resulting from or arising out
of or in connection with any
of the Excluded Circumstances, those Circumstances being
a) a
Communicable Disease, and/or
b) the
fear or threat, whether actual or perceived, of a Communicable Disease, and/or
c) any recommendation,
decision or measure, made or taken to restrict, prevent, reduce or slow the
spread of infection
of a Communicable
Disease or to remove or minimise legal liability in respect of such a disease,
whether made or
taken by a public authority or a private entity and/or
d) any
recommendation, decision or measure made or taken to alter, reverse or remove
any circumstance falling
within (c) above,
whether made or taken by a public authority or a private entity
regardless of any other cause or circumstance contributing
concurrently or in any other sequence thereto.
2.2 Without prejudice to the effect of Clauses
2.1 (a), (b) and (d), recommendations, decisions and measures by
whomsoever taken to tie-up, lay-up or maintain at anchor, in port or
elsewhere, any vessel, conveyance, rig or platform
pending
resumption of cruising, operation, trading, cargo loading or discharge or other
customary use shall not
constitute Excluded Circumstances,
notwithstanding they or any of them may have been taken for the reasons set out
in 2.1 (c) above.
2.3 Without prejudice to the effect of Clauses 2.1 (a),
(b) and (d) for the purposes of a loss event first affecting a vessel,
conveyance, rig or platform during a voyage undertaken as a consequence
of a diversion, a prior recommendation,
decision
or measure by whomsoever taken to divert that vessel from an earlier loading or
discharge or other destination shall not constitute an
Excluded Circumstance solely by reason of that diversion having been made for
the reasons set out in 2.1 (c) above.
2.4
Without prejudice to the effect of Clauses 2.1 (a), (b) and (d), where loss,
damage or liability have first been incurred
in circumstances which are not excluded under 2.1 (a) to (d) above,
increased expense or increased liability for expense
shall not be excluded notwithstanding that increase may have been
incurred for the reasons set out in 2.1(c) above.
3. “Communicable Disease” shall mean any
disease, known or unknown, which can be transmitted by means of any
substance or agent from
one organism to another where:
a) the substance or agent includes but is not
limited to a virus, bacterium, parasite or other organism or any variation
143
or mutation of any of the foregoing, whether deemed living or not,
and
b) the method of transmission, whether direct or
indirect, includes but is not limited to human touch or contact,
airborne transmission, bodily fluid transmission,
transmission to or from or via any solid object or surface or liquid
or gas and
c) the disease,
substance or agent may, acting alone or in conjunction with other
co-morbidities, conditions, genetic
susceptibilities, or with the human immune system, cause
death, illness or bodily harm or temporarily or
permanently impair human physical or mental
health or adversely affect the value of or safe use of property of any
kind.
4.1 The Infected Individual Exception shall apply where
(1) the actions or decisions of any individual infected or allegedly
infected with a Communicable Disease cause or contribute to an alleged
loss event and (2) neither such action nor
decision nor the alleged cause
of the loss event itself was a recommendation, decision or measure as defined
in 2.1 (c) or 2.1 (d) above.
4.2 Where those conditions are met, the fact or
possibility that the individual’s action(s) or decision(s) were impaired or
affected by or caused by that individual’s alleged or actual infection
shall not exclude recovery of a Loss otherwise
recoverable hereon provided
always that there shall be no cover for loss, damage, liability, or expense
arising from any increase in the spread,
incidence, severity or recurrence of a Communicable Disease or from any
Circumstance as defined in Clause 2.1
(c) or (d) consequent on that
individual’s actions or decisions.
4.3
For the purposes of this Exception, the Infected Individual need not be
physically present on or in an interest affected
by the loss event,
provided that his or her actions or decisions causing or contributing to the
loss event and affecting
that interest, directly or
indirectly, were of a kind which, when not impaired or affected, would fall
within the ordinary course of his or her employment.
5. Loss, damage, liability and expense arising
solely out of a loss event otherwise reinsured under this (re)insurance and
not excluded thereby
nor excluded pursuant to this Clause remain covered in accordance with the
terms and conditions
thereof.
144
(6) TRADING WARRANTIES
1/7/76
INSTITUTE WARRANTIES
1. Warranted no:－
(a) Atlantic Coast of
North America, its rivers or adjacent islands,
(i) north of 52°10′ N.
Lat. and west of 50° W. Long.;
(ii)
south of 52°10′ N. Lat. in the area bounded by lines drawn between
Battle Harbour/Pistolet Bay; Cape
Ray/Cape North; Port Hawkesbury/Port Mulgrave and
Baie Comeau/Matane, between 21st December and
30th April both days inclusive.
(iii) west of Baie Comeau/Matane (but not
west of Montreal) between 1st December and 30th April both days
inclusive.
(b)
Great Lakes or St. Lawrence Seaway west of Montreal.
(c) Greenland Waters.
(d) Pacific Coast of North
America, its rivers or adjacent islands north of 54°30′ N. Lat., or west of
130°50′ W. Long. 2. Warranted no Baltic Sea or adjacent waters east of 15° E.
Long.
(a)
North of a line between Mo (63°24′ N. Lat.) and Vasa (63°06′ N. Lat.)
between 10th December and 25th May b.d.i.
(b)
East of a line between Viipuri (Vyborg) (28°47′ E. Long.) and Narva
(28°12′ E. Long.) between 15th December
and 15th May b.d.i.
(c) North of a
line between Stockholm (59°20′ N. Lat.) and Tallinn (59°24′ N. Lat.) between
8th January and 5th May
b.d.i.
(d) East of 22° E. Long,
and south of 59° N. Lat. between 28th December and 5th May b.d.i.
3. Warranted not North of
70° N. Lat. other than voyages direct to or from any port or place in Norway or
Kola Bay.
4. Warranted no Bering Sea, no East Asian waters north of 46° N. Lat. and
not to enter or sail from any port or place in
Siberia except Nakhodka and/or Vladivostock.
5. Warranted not to proceed to Kerguelen and/or Croset Islands or south of
50° S. Lat., except to ports and/or places in
Patagonia and/or Chile and/or Falkland Islands, but
liberty is given to enter waters south of 50° S. Lat., if en route to or from ports and/or places
not excluded by this warranty.
6. Warranted not to sail
with Indian Coal as cargo:
(a) between
1st March and 30th June, b.d.i.
(b) between 1st
July and 30th September, b.d.i., except to ports in Asia, not West of Aden or
East of or beyond
Singapore.
1/4/90
VOYAGE WARRANTY “WORLD WIDE”
Trading world-wide, but excluding the waters mentioned below:
1. Atlantic Coast of North
America (including its rivers and adjacent islands), but limited to the
following waters:
A) North of 52°10′ N. Lat.
and west of 50°W. Long.
B)
St.Lawrence Bay (the area bounded by lines drawn between Battle
Harbour/Pistolet Bay; Cape Ray/Cape
North;Port
Hawkesbury/Port Mulgrave and Baie Comeau/Matane) between 21st December and 30th
April, b.d.i.
C) St.Lawrence River west of a line between
Baie Comeau and Matane and east of Montreal between 1st December
and 30th April,
b.d.i.
2. The Great Lakes and
St.Lawrence Seaway west of Montreal, (excluding Montreal). 3. Greenland waters.
4. Pacific Coast of North
America (including its rivers and adjacent islands) west of 130°50′ W. Long.
and North Pacific
waters north of 54°30′ N. Lat. and east of 160°W. Long.,
excluding, however, the passing through these waters for the
145
purpose of navigating between ports or places in the
aforementioned warranty.
5. Baltic Sea or adjacent
waters east of 15°E. Long. but limited to the waters and the period stipulated
below:
A)
North of a line between Mo (63°24′ N. Lat.) and Vasa (63°06′ N. Lat.)
between 10th December and 25th May,
b.d.i. (excluding Mo and Vasa)
B) East of a line
between Viipuri (28°47′E. Long.) and Narva (28°12′ E. Long.) between 15th
December and 15th
May, b.d.i. (excluding Viipuri and Narva)
C) North of a
line between Stockholm (59°20′ N. Lat.) and Tallinn (59°24′ N. Lat.) between
8th January and 5th May,
b.d.i. (excluding Stockholm and Tallinn)
D) East of 22° E. Long.
and south of 59° N. Lat. between 28th December and 5th May, b.d.i.
6. North of 70° N. Lat., excluding, however, round voyages to and from
Norwegian Coast (including its rivers and adjacent
islands) or Kola Bay.
7. Bering Sea.
8. Siberian Coast (including
its rivers and adjacent islands) and the Asian waters north of 46° N. Lat. and
west of 180° E.
Long., excluding, however, the waters mentioned below:
A) Vladivostock and
Nakhodka.
B) Proceeding to ports or
places on the coast of Saghalien or on the Siberian Coast (including its rivers
and adjacent
islands) from
Nikolaevsk and Mago to Vladivostock, between 15th March and 14th November,
b.d.i. provided,
however, that the Vessel must leave by 14th November the
last port on the above coasts for a port in the aforementioned
warranty.
C) Passing
through the above waters for the purpose of navigating between ports or places
in the aforementioned
warranty.
9. Kerguelen and Croset
Islands.
10. Waters south of 50° S. Lat., but
excluding the following:
A) Patagonia, Chile and
Falkland Islands.
B)
Passing through the above waters for the purpose of navigating between
ports or places in the aforementioned
warranty.
1/4/2022
BREACH OF NAVIGATING LIMIT
REQUIREMENTS CLAUSE
It shall be a condition precedent to the
liability of the Underwriters that:
1. the vessel shall be equipped and properly fitted with :-
1.1 two independent marine radar sets
1.2 at least one global positioning system receiver (such as US
GPS, Russian GLONASS, European Galileo, Chinese
Compass)
1.3 a radio transceiver and GMDSS
1.4 a weather facsimile recorder or alternative equipment for the
receipt of weather and routeing information
1.5 a gyrocompass, incorporating latitude corrections approved by
manufacturers or their agents, when North of 70°
N. Lat.
in each case all navigational aids, radar, arpa (automatic radar
plotting aid), echo
sounders,
speed logs, navtex, compasses, chronometers, communication systems etc should
be fully operational and operated by qualified personnel; and
2. the vessel shall be in possession of appropriate navigational
charts corrected to the
last available notice to
mariners, sailing directions, lists of radio signals, log signals,
lights and pilot books; and
3. the vessel shall adhere to all pilotage requirements, traffic
regulations and controls
as may be established by
the applicable coastal state authorities.
146
JH2011/002
8th March 2011
AMERICAN INSTITUTE TRADE WARRANTIES
1. Warranted no port or
place on the Eastern Coast of North America, its rivers or adjacent islands
(a) north of 52°10′ N.
Lat. and west of 50° W. Long.
(b) in the Gulf of St.
Lawrence, its connecting waters and the St. Lawrence River, in the area bounded
by lines drawn
between Battle
Harbour/Pistolet Bay; Cape Ray/Cape North; Port Hawkesbury/Port Mulgrave; and
Baie
Comeau/Matane, between December 21st and April 30th, both days
inclusive.
(c) west of Baie Comeau,
but not West of Montreal, between December 1st and April 30th, both days
inclusive. 2. Warranted no Great Lakes or St. Lawrence Seaway or St. Lawrence
River west of Montreal.
3. Warranted no port or place in Greenland or its adjacent waters.
4. Warranted no port or place on the Western Coast of North America, its
rivers or adjacent islands, north of 54°30′ N.
Lat. or west of 130°50′ W. Long.; except the port of Ketchikan,
Alaska, provided.
(a)
that qualified pilot having knowledge of local waters be on duty while
the Vessel is in waters north of 54°30′ N.
Lat. and east of 132°
W. Long. and
(b) that the Vessel be
equipped with operating Gyro Compass, Radio Direction Finder, Fathometer and
Radar. 5. Warranted no Baltic Sea (or adjacent waters east of 15° E. Long.);
(a) north of a line
between Mo and Vaasa between November 15th and May 5th, both days inclusive.
(b) east of a line between
Viipuri (Vyborg) and Narva between November 21st and May 5th, both days
inclusive.
(c) north of a line
between Stockholm and Tallinn between December 15th and April 15th, both days
inclusive.
(d) east of 22° E. Long.
and south of 59° N. Lat. between December 15th and April 15th, both days
inclusive.
6. Warranted not north of 70° N. Lat. except when proceeding directly to or
from any port or place in Norway or Kola
Bay.
7. Warranted no Bering Sea,
no East Asian waters north of 46° N. Lat. and no port or place in Siberia
except Vladivostok
and/or Nakhodka.
8. Warranted no Kerguelen or Croset Islands, nor waters south of 50° S.
Lat., except ports or places in Patagonia, Chile
and Falkland Islands, but liberty is given to enter
waters south of 50° S. Lat. if proceeding to or from ports or places not excluded by this warranty.
9. Warranted not to sail
with Indian Coal as cargo:
(a) between March 1st and
June 30th, both days inclusive.
(b) between July 1st and
September 30th, both days inclusive, except to ports in Asia, not west of Aden
nor east of or
beyond Singapore.
AMENDMENT FOR AMERICAN INSTITUTE TRADE WARRANTIES
It is understood and agreed that Article 5
of American Institute Trade Warranties (July 1, 1972) are amended as follows. 5. Warranted no Baltic Sea or adjacent waters east of 15° E. Long.
(a) North of a
line between Mo (63°24′ N. Lat.) and Vaasa (63°06′ N. Lat.) between 10th
December and 25th May
b.d.i.
(b) East of a line
between Viipuri (Vyborg) (28°47′ E. Long.) and Narva (28°12′ E. Long.) between
15th December
and 15th May b.d.i.
(c) North of a line between Stokholm (59°20′ N.
Lat.) and Tallinn (59°24′ N. Lat.) between 8th January and 5th May
b.d.i.
(d) East of 22° E. Long.
and south of 59° N. Lat. between 28th December and 5th May b.d.i.
147
INDEX
PAGE
A
AMENDMENT FOR AMERICAN INSTITUTE TRADE WARRANTIES...................................................................................................................................... 147
AMERICAN HULL INSURANCE SYNDICATE LINER
NEGLIGENCE CLAUSE FOR ATTACHMENT TO
AMERICAN INSTITUTE HULL CLAUSES (JANUARY
18, 1970)...................................................................................................................................... 73
AMERICAN INSTITUTE HULL CLAUSES (JUNE 2,
1977)...................................................................................................................................... 45
AMERICAN INSTITUTE INCREASED VALUE AND EXCESS
LIABILITIES CLAUSES (NOVEMBER 3,
1977)...................................................................................................................................... 52
AMERICAN INSTITUTE
TRADE WARRANTIES...................................................................................................................................... 147
ASSURED CLAUSE...................................................................................................................................... 136
B
BERING SEA TRANSIT CLAUSE AMENDED...................................................................................................................................... 59
BERING SEA TRANSIT CLAUSES (FOR I.T.C.
AMENDED)...................................................................................................................................... 59
BLOCKING AND TRAPPING ETC. WORDING (LOSS
OF HIRE/LOSS OF TIME) (1/4/2013)...................................................................................................................................... 91
BOTTOM PAINTING
CLAUSES (A)...................................................................................................................................... 139
BOTTOM PAINTING
CLAUSES (B)...................................................................................................................................... 141
BOTTOM TREATMENT
CLAUSE...................................................................................................................................... 142
BREACH OF NAVIGATING
LIMIT REQUIREMENTS CLAUSE...................................................................................................................................... 146
C
CANCELLATION AND
PREMIUM RETURN CLAUSES...................................................................................................................................... 133
CLASSIFICATION
CLAUSE...................................................................................................................................... 134
CO-INSURERS CLAUSES...................................................................................................................................... 130
COLLISION LIABILITY CLAUSES (4/90)...................................................................................................................................... 33
CONSTRUCTIVE TOTAL
LOSS CLAUSE (FOR REPAIRING RISKS INSURANCE)...................................................................................................................................... 123
CONSTRUCTIVE TOTAL
LOSS CLAUSE (FOR SHIPREPAIRERS’ RISKS INSURANCE)...................................................................................................................................... 123
3/4THS COLLISION LIABILITY CLAUSE (A)...................................................................................................................................... 67
3/4THS COLLISION LIABILITY CLAUSE (B)...................................................................................................................................... 68
D
DEDUCTIBLE CLAUSES (A)...................................................................................................................................... 68
DEDUCTIBLE CLAUSES (A) (FOR 3/4THS
COLLISION LIABILITY)...................................................................................................................................... 70
DEDUCTIBLE CLAUSES (B)...................................................................................................................................... 69
DEDUCTIBLE CLAUSES (C)...................................................................................................................................... 69
DEDUCTIBLE CLAUSES (C) (FOR 3/4THS
COLLISION LIABILITY)...................................................................................................................................... 71
DEDUCTIBLE CLAUSES (D)...................................................................................................................................... 70
DEDUCTIBLE CLAUSES
(FOR WORK BOAT ETC. AMENDED NO.5)...................................................................................................................................... 72
DEDUCTIBLE CLAUSES (G) (FOR USE ONLY WITH
THE INSTITUTE TIME CLAUSES-HULLS 1/10/83)...................................................................................................................................... 72
DEDUCTIBLE
CLAUSES (G) (FOR
USE ONLY WITH
THE INSTITUTE TIME
CLAUSES-HULLS
AMENDED FOR JAPANESE CLAUSES CLASS NO.6
4/93)...................................................................................................................................... 72
DEDUCTIBLE
CLAUSES (H) (FOR
USE ONLY WITH
THE INSTITUTE TIME
CLAUSES-HULLS
AMENDED FOR JAPANESE CLAUSES CLASS NO.5
4/90)...................................................................................................................................... 73
DISBURSEMENTS
WARRANTY CLAUSE (A)...................................................................................................................................... 65
DISBURSEMENTS
WARRANTY CLAUSE (B)...................................................................................................................................... 65
DUTY OF ASSURED AND RIGHTS OF INSURER
CLAUSES...................................................................................................................................... 132
E
EARTHQUAKE RISKS CLAUSE...................................................................................................................................... 122
EXCESS COLLISION LIABILITY CLAUSE (A-2)
(FOR 3/4THS COLLISION LIABILITY)...................................................................................................................................... 60
EXCESS COLLISION LIABILITY CLAUSE (A-2)
(FOR 4/4THS COLLISION LIABILITY)...................................................................................................................................... 61
EXCESS COLLISION LIABILITY CLAUSE (B-2)
(FOR 3/4THS COLLISION LIABILITY)...................................................................................................................................... 60
EXCESS COLLISION LIABILITY CLAUSE (B-2)
(FOR 4/4THS COLLISION LIABILITY)...................................................................................................................................... 61
EXPENSE OF SIGHTING THE BOTTOM CLAUSE...................................................................................................................................... 68
F
FIRE AND POLLUTION HAZARD CLAUSES (A)...................................................................................................................................... 136
FIRE AND POLLUTION HAZARD CLAUSES (B)...................................................................................................................................... 137
FISHING GEAR CLAUSES...................................................................................................................................... 62
FISHING VESSEL CLAUSE (NO.6)...................................................................................................................................... 68
FULL PREMIUM IF CLAIM CLAUSES (FOR LOSS OF
CHARTER HIRE INSURANCE EXCLUDING WAR
ABS 1/10/83 WORDING)...................................................................................................................................... 80
FULL PREMIUM IF CLAIM CLAUSES (FOR LOSS OF
CHARTER HIRE INSURANCE INCLUDING WAR
ABS 1/10/83 WORDING)...................................................................................................................................... 80
FULL PREMIUM IF LOST CLAUSES...................................................................................................................................... 130
G
G.A. ETC. CONTRIBUTION CLAUSE...................................................................................................................................... 62
GENERAL AVERAGE
EXTENDED COVERAGE...................................................................................................................................... 74
H
HULL WAR SPECIAL
CLAUSE IN RESPECT OF FISHING OR REEFER BOAT...................................................................................................................................... 95
I
ICE CLAUSE (A)...................................................................................................................................... 67
INCORPORATION CLAUSE...................................................................................................................................... 97
INSTITUTE ADDITIONAL PERILS CLAUSES-HULLS (FOR
USE ONLY WITH THE INSTITUTE TIME
CLAUSES-HULLS
1/10/83)...................................................................................................................................... 57
INSTITUTE ADDITIONAL PERILS CLAUSES-HULLS
AMENDED (4/93) (FOR USE ONLY WITH THE
INSTITUTE TIME
CLAUSES-HULLS 1/10/83*)...................................................................................................................................... 57
INSTITUTE CLAUSES FOR
BUILDERS’ RISKS AMENDED (4/96)...................................................................................................................................... 99
INSTITUTE CLAUSES FOR
BUILDERS’ RISKS AMENDED (4/96) (REPAIRING RISKS INSURANCE)...................................................................................................................................... 106
INSTITUTE CLAUSES FOR BUILDERS’ RISKS
AMENDED (4/96) (SHIPREPAIRERS’ RISKS INSURANCE)
..........................................................................................................................................................................................
113
INSTITUTE CYBER
ATTACK EXCLUSION CLAUSE - CL380...................................................................................................................................... 135
INSTITUTE MACHINERY DAMAGE ADDITIONAL DEDUCTIBLE CLAUSE (FOR USE
ONLY WITH THE
INSTITUTE TIME
CLAUSES-HULLS 1/10/83)...................................................................................................................................... 60
INSTITUTE NOTICE OF CANCELLATION AUTOMATIC
TERMINATION OF COVER AND WAR AND
NUCLEAR EXCLUSIONS
CLAUSE-HULLS, ETC. (FOR I.W.S.C. AMENDED ETC.)...................................................................................................................................... 96
INSTITUTE NOTICE OF CANCELLATION AUTOMATIC
TERMINATION OF COVER AND WAR AND
NUCLEAR EXCLUSIONS
CLAUSE-HULLS, ETC. AMENDED...................................................................................................................................... 95
INSTITUTE PROTECTION
AND INDEMNITY CLAUSES HULLS-TIME AMENDED(1/06)...................................................................................................................................... 41
INSTITUTE
RADIOACTIVE CONTAMINATION, CHEMICAL,
BIOLOGICAL, BIO-CHEMICAL AND
ELECTROMAGNETIC
WEAPONS EXCLUSION CLAUSE...................................................................................................................................... 131
INSTITUTE STRIKES CLAUSES BUILDERS’ RISKS AMENDED (4/96)...................................................................................................................................... 121
INSTITUTE TIME CLAUSES HULLS...................................................................................................................................... 1
INSTITUTE TIME CLAUSES HULLS AMENDED FOR
JAPANESE CLAUSES CLASS NO.5 (4/90)...................................................................................................................................... 13
INSTITUTE TIME CLAUSES HULLS AMENDED FOR
JAPANESE CLAUSES CLASS NO.6 (4/93)...................................................................................................................................... 20
INSTITUTE TIME CLAUSES-HULLS DISBURSEMENTS
AND INCREASED VALUE (TOTAL LOSS ONLY,
INCLUDING EXCESS LIABILITIES)...................................................................................................................................... 9
INSTITUTE TIME CLAUSES-HULLS DISBURSEMENTS
AND INCREASED VALUE (TOTAL LOSS ONLY,
INCLUDING EXCESS LIABILITIES) AMENDED FOR JAPANESE CLAUSES CLASS
NO.5 (4/90)...................................................................................................................................... 33
INSTITUTE TIME CLAUSES-HULLS DISBURSEMENTS
AND INCREASED VALUE (TOTAL LOSS ONLY,
INCLUDING EXCESS LIABILITIES) AMENDED FOR
JAPANESE CLAUSES CLASS NO.6 (4/90)...................................................................................................................................... 37
INSTITUTE TIME CLAUSES-HULLS TOTAL LOSS ONLY
(INCLUDING SALVAGE, SALVAGE CHARGES
AND SUE AND LABOUR) AMENDED FOR JAPANESE
CLAUSES CLASS NO.2 (4/90)...................................................................................................................................... 28
INSTITUTE WAR AND
STRIKES CLAUSES HULLS-TIME...................................................................................................................................... 82
INSTITUTE WAR AND STRIKES CLAUSES HULLS-TIME (AMENDED TO COVER
DISB’TS INCLUDING
EXCESS LIABILITIES)...................................................................................................................................... 83
INSTITUTE WAR AND STRIKES CLAUSES
HULLS-TIME AMENDED (1/4/97)...................................................................................................................................... 85
INSTITUTE WAR AND STRIKES CLAUSES HULLS-TIME
AMENDED TO COVER DISBURSEMENTS ETC.
AGAINST T.L.O.
(4/96)...................................................................................................................................... 87
INSTITUTE WAR
CLAUSES BUILDERS’ RISKS AMENDED (4/2023)...................................................................................................................................... 120
INSTITUTE WARRANTIES...................................................................................................................................... 145
INSURED VALUE CLAUSES (FOR BUILDERS’ RISKS
INSURANCE)...................................................................................................................................... 124
IRANIAN OIL EXCLUSION CLAUSE...................................................................................................................................... 134
J
JHC COMMUNICABLE DISEASE EXCLUSION...................................................................................................................................... 143
JURISDICTION CLAUSE...................................................................................................................................... 133
L
LAID UP RETURN CLAUSES (DISBURSEMENTS)...................................................................................................................................... 66
LAID UP RETURN CLAUSES (HULLS)...................................................................................................................................... 65
LAID UP RETURN CLAUSES (LOH)...................................................................................................................................... 80
LAW AND PRACTICE
CLAUSES...................................................................................................................................... 132
LEASED EQUIPMENT CLAUSE...................................................................................................................................... 136
LIEN CLAUSES...................................................................................................................................... 132
LINER NEGLIGENCE CLAUSE (LONDON FORM)...................................................................................................................................... 74
LONDON BLOCKING AND TRAPPING ADDENDUM (FOR
USE WITH INSTITUTE WAR AND STRIKES
CLAUSES HULLS (1/10/83))...................................................................................................................................... 94
LONDON BLOCKING AND TRAPPING ADDENDUM (FOR
USE WITH INSTITUTE WAR AND STRIKES
CLAUSES HULLS 1/10/83 AMENDED (1/4/97)...................................................................................................................................... 95
LOSS OF CHARTER HIRE INSURANCE EXCLUDING
WAR (ABS 1/10/83 WORDING)...................................................................................................................................... 78
LOSS OF CHARTER HIRE INSURANCE INCLUDING
WAR (ABS 1/10/83 WORDING)...................................................................................................................................... 76
LOSS PAYABLE CLAUSE
(A)...................................................................................................................................... 135
LOSS PAYABLE CLAUSE
(B)...................................................................................................................................... 135
M
MACHINERY DAMAGE CO-INSURANCE CLAUSE FOR USE
WITH AMERICAN INSTITUTE HULL
CLAUSES...................................................................................................................................... 74
MACHINERY DAMAGE CO-INSURANCE CLAUSE FOR USE
WITH AMERICAN INSTITUTE HULL
CLAUSES (AMENDMENT)...................................................................................................................................... 74
MARINE CYBER ENDORSEMENT - LMA5403...................................................................................................................................... 134
MARINE HULL COMPUTER AND SOFTWARE DATE RECOGNITION EXCLUSION
CLAUSE...................................................................................................................................... 131
N
NECESSARY REPAIR
CLAUSE...................................................................................................................................... 68
P
PERILS CLAUSE (EARTHQUAKE RISKS ONLY)...................................................................................................................................... 125
PREMIUM CLAUSES (A-2)...................................................................................................................................... 126
PREMIUM CLAUSES (A-3)...................................................................................................................................... 127
PREMIUM CLAUSES
(ADDITIONAL PREMIUM FOR WAR RISKS DEVIATION)...................................................................................................................................... 95
PREMIUM CLAUSES (B-2)...................................................................................................................................... 126
PREMIUM CLAUSES (B-3)...................................................................................................................................... 128
PREMIUM PAYMENT
CLAUSE (LSW3000 AMENDED)...................................................................................................................................... 98
PROCEEDING CLAUSE...................................................................................................................................... 122
R
REPAIR CLAUSES...................................................................................................................................... 138
REPAIR CLAUSES (FOR I.B.C. AMENDED
(4/2010))...................................................................................................................................... 123
REPLACED CLAUSE FOR CLAUSE 6.4.3...................................................................................................................................... 12
REPLACED CLAUSE FOR CLAUSE 8...................................................................................................................................... 8
RIGHT OF CLAIM FOR
COMPENSATION AGAINST A THIRD PARTY CLAUSE...................................................................................................................................... 139
RIGHTS AND DUTIES ON THE VESSEL CLAUSES...................................................................................................................................... 138
RUSSIAN
OIL EXCLUSION CLAUSE (FOR OIL PRICE CAP EXCEPTION)...................................................................................................................................... ................................................................................................................................ 134
S
SANCTION LIMITATION
AND EXCLUSION CLAUSE...................................................................................................................................... 134
SCRAP VOYAGE CLAUSES...................................................................................................................................... 62
SCRAP VOYAGE CLAUSES
(FOR AMENDED NO.2)...................................................................................................................................... 63
SCRAP VOYAGE CLAUSES (FOR USE WITH AMERICAN INSTITUTE HULL CLAUSES 2/6/77)...................................................................................................................................... 64
SMALL GENERAL
AVERAGE CLAUSES...................................................................................................................................... 62
SPECIAL CLAUSE FOR
SUBJECT-MATTER INSURED...................................................................................................................................... 68
SPECIAL CLAUSE FOR YORK-ANTWERP RULES (FOR
AMENDED CLAUSES)...................................................................................................................................... 143
SPECIAL NAVIGATION
CLAUSE...................................................................................................................................... 139
SUBJECT-MATTER INSURED CLAUSE (FOR
BUILDERS’ RISKS INSURANCE)...................................................................................................................................... 124
SUBJECT-MATTER
INSURED CLAUSE (FOR REPAIRING RISKS INSURANCE)...................................................................................................................................... 124
SUBJECT-MATTER
INSURED CLAUSE (FOR SHIPREPAIRERS’ RISKS INSURANCE)...................................................................................................................................... 124
T
TANK CLEANING AND/OR GAS-FREEING CLAUSE...................................................................................................................................... 137
TERMINATION CLAUSE...................................................................................................................................... 64
V
VIOLENT THEFT, PIRACY AND BARRATRY EXCLUSION
- FOR USE WITH INSTITUTE TIME CLAUSES
HULLS 1/10/83...................................................................................................................................... 57
VIOLENT THEFT, PIRACY AND BARRATRY EXCLUSION - FOR USE
WITH INSTITUTE TIME CLAUSES
HULLS
DISBURSEMENTS AND INCREASED
VALUE (TOTAL LOSS ONLY,
INCLUDING EXCESS
LIABILITIES) 1/10/83...................................................................................................................................... 58
VIOLENT THEFT, PIRACY AND BARRATRY
EXTENSION-FOR USE WITH THE INSTITUTE WAR &
STRIKES CLAUSES HULLS-TIME 1/10/83 .................................................................................................................................. 93
VIOLENT THEFT, PIRACY AND BARRATRY
EXTENSION-FOR USE WITH THE INSTITUTE WAR &
STRIKES CLAUSES HULLS-TIME (AMENDED TO COVER
DISBURSEMENTS INCLUDING EXCESS
LIABILITIES) 1/10/83 .................................................................................................................................. 93
VOYAGE WARRANTY “WORLD WIDE”...................................................................................................................................... 145
W
WAGES AND MAINTENANCE
RECOVERABLE IN PARTICULAR AVERAGE...................................................................................................................................... 136
“WAR ETC.” P. AND I.
CLAUSE...................................................................................................................................... 94
WAR RISK PROTECTION
AND INDEMNITY CLAUSES (CREW LIABILITY)...................................................................................................................................... 90
WAR RISK PROTECTION
AND INDEMNITY CLAUSES (DISBURSEMENTS)...................................................................................................................................... 90
WAR RISK PROTECTION AND INDEMNITY CLAUSES
(DISBURSEMENTS) (FOR USE WITH INSTITUTE
WAR AND STRIKES CLAUSES HULLS-TIME 1/10/83
AMENDED (4/93))...................................................................................................................................... 90
WAR RISK PROTECTION AND INDEMNITY CLAUSES
(HULLS)...................................................................................................................................... 88
WAR RISK PROTECTION AND INDEMNITY CLAUSES
(HULLS) (FOR USE WITH INSTITUTE WAR AND
STRIKES CLAUSES HULLS-TIME 1/10/83 AMENDED
(4/93))...................................................................................................................................... 89
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