INSTITUTE PROTECTION AND INDEMNITY CLAUSES
HULLS
- TIME
This insurance is
subject to English law and practice
1 PROTECTION AND INDEMNITY 1
1.1 The
Underwriters agree to
indemnify the Assure
for any sum
or sums paid by the Assured to
any other 2
person
or persons by reason
of the Assured
becoming legally liable, as owner
of the vessel, for any claims, 3
demand,
damages and/or expanses,
where such liability
is in consequence of any of the
following matters 4
or things and arises from an accident or
occurrence during the period of this insurance: 5
1.1.1 loss of or
damage to any fixed or
movable object or
property or other thing or
interest whatsoever , 6
other
than the vessel,
arising from any
cause whatsoever in
so far as
such loss or damage is not 7
covered
by Clause 8
of the Institute
Time Clauses Hulls 1/10/83 with
4/4ths substituted for 3/4ths 8
in line nos. 80, 81, 98 and 99 9
1.1.2 Any
attempted or actual
arising, removal or
destruction of any
fixed or movable object or
property 10
or
other thing, including the wreck
of the Vessel, or any neglect
or failure to raise, remove or destroy 11
the same 12
1.1.3 liability
assumed by the
Assured under contracts
of customary towage
for the purpose of entering 13
or
leaving port or manoeuvring within
the port during the ordinary
course of trading 14
1.1.4 loss of life, personal injury, illness or payments
made for life
salvage 15
1.1.5 liability
under Clause 1 (a) of
the current Lloyd’s
Standard Form of
Salvage Agreement in respect 16
of
unsuccessful, partially successful, or uncompleted
services if and to
the extent that
the salvor’s 17
expenses plus the increment exceed any
amount otherwise recoverable under the Agreement. 18
1.2 The
Underwriters agree to
indemnify the Assured
for any of
the following arising
from an accident
or 19
occurrence during the period of this
insurance: 20
1.2.1 the
additional cost of the
fuel, insurance, wages, stores, provision and port charges reasonably incurred 21
solely
for the purpose
of landing from
the Vessel sick
or injured persons
or stowaways, refugees, 22
or persons saved at sea 23
1.2.2 additional
expenses brought about
by the outbreak
of infection disease on board the Vessel or ashore 24
1.2.3 fines
imposed on the Vessel,
on the Assured, or
on any Master
Officer crew member
or agent of 25
the Vessel who is reimbursed by the Assured, for any act or neglect or breach
of any statute or regulation 26
relating
to the operation
of the Vessel, provided that
the Underwriters shall not be liable to indemnify 27
the
Assured for any
fines which result
from any act
neglect failure or
default of the Assured their 28
agents
or servants other
than Master Officer or crew
member 29
1.2.4 the
expenses of the
removal of the
wreck of the Vessel
from any place
owned, leased or occupied 30
by the Assured 31
1.2.5 Legal
cost incurred by
the Assured, or
which the Assured
may be compelled
to pay, in avoiding, 32
minimizing or contesting liability with
the prior written consent of the Underwriters. 33
EXCLUSIONS
1.3 Notwithstanding
the provisions of
Clauses 1.1 and
1.2 this Clause
1 does not
cover any liability cost or 34
expense
arising in respect of 35
1.3.1 any
direct or indirect
payment by the Assured under workmen’s compensation or
employers’ liability 37
acts
and any other
statutory or common
law, general maritime law or
other liability whatsoever in 38
respect
of accidents to or illness of
workmen or any other persons employed in any capacity whatsoever 39
by the Assured or others in on or about or in
connection with the Vessel or her cargo materials or repairs 40
1.3.2 liability assumed
by the Assured
under agreement expressed
or implied in respect of death or
illness 41
of
or injury to any persons
employed under a
contract of service or apprenticeship by the other party 42
to such agreement 43
1.3.3 punitive or exemplary damages, however described 44
1.3.4 cargo or
other property carried,
to be carried
or which has
been carried on
board the Vessel but 45
this
Clause 1.3.4 shall
not exclude any
claim in respect
of the extra
cost of removing cargo from 46
the
wreck of the Vessel 47
1.3.5 property, owned by the builders or repairers or
for which they are responsible, which is on board the 48
Vessel
1.3.6 Liability
arising under a contract or indemnity in respect of containers, equipment, fuel
or other property 49
on board the Vessel and which is owned or
leased by the Assured 50
1.3.7 cash, negotiable
instruments, precious metals
or stones, valuables
or objects of
a rare or
precious 51
nature,
belonging to persons
on board the
Vessel, or non-essential
personal effects of any
Master, 52
Officer or crew
member 53
1.3. 8 fuel,
insurance, wages, stores,
provisions and port
charges arising from
delay to the Vessel
while 54
awaiting
a substitute for
any Master, Officer or crew member 55
1 3. 9 fines or penalties arising from overloading or
illegal fishing 56
1.3.10 pollution
or contamination of
any real or
personal property or thing whatsoever (This Clause 1.3.10 57
shall not exclude any amount recoverable
under Clause 1.1.5) 58
1.3.11 Genera l average,
sue and labour
and salvage charges ,
salvage, and/or collision liability to any extent 59
that
they are no t recoverable by
reason of the
agreed value and/or
the amount insured
in respect 60
of
the Vessel being inadequate 61
1.3.12 earthquake or volcanic eruption 62
1.4 PROVIDED ALWAYS THAT 63
1.4.1 prompt
notice must be
given to the
Underwriters of every
casualty event or claim upon the Assured 64
which
may give rise to a
claim hereunder an of
every even t or matter which may cause the Assured 65
to incur liability cost or expense for
which he may be insured hereunder. 66
1.4.2 the
Assured shall not
admit liability for
or settle any claim for
which he may be insured hereunder 67
without the prior written consent of the
Underwriters. 68
2 LIMITS 69
2.1 Where the Assured
or the Underwriters
may or could
have limited their
liability the indemnity under
this 70
insurance
in respect of
such liability shall
not exceed Underwriters’
proportionate part of
the amount of 71
such limitation. 72
2.2 In no case
shall be Underwriters’ liability
under this insurance
exceed their proportionate
part of the 73
amount
insured hereunder in
respect of each
separate accident or occurrence
or series of
accidents arising 74
out of
the same event. 75
3 DEDUCTIBLES 76
3.1 Notwithstanding the
provisions of Clause 1 no
claim shall be
payable under this
insurance unless such 77
claim,
or the aggregate
of all such
claims arising out
of each separate
accident or occurrence, exceeds … 78
…………………………………………………………………………in which
case this sum shall be deducted. 79
3.2 Excluding any interest comprised therein,
recoveries against any claim which is subject to the above deductible 80
shall
be credited to
the Underwriters in
full to the extent of
the sum by which
the aggregate of the claim 81
unreduced
by any recoveries
exceeds the above deductible. 82
3.3 Interest in recoveries
shall be apportioned
between the Assured
and the Underwriters,
taking into account 83
the
sum paid by
the Underwriters and
the dates when
such payments were
made, notwithstanding that 84
by the addition of interest the
Underwriters may receive a larger sum than they have paid. 85
4 NAVIGATION 86
The Vessel has
leave to dock
and undock, to
go into graving
dock, to sail
or navigate with
or without pilots, to 87
go on trial
trips and to assist and tow
vessels or craft
in distress, but
it is warranted
that the Vessel shall
not be 88
towed, except as
is customary or
when in need
of assistance, or undertake towage or salvage services under a contract
89
previously arranged by
the Assured and/or
Owners and/or Managers
and/or Charterers without
the prior written 90
agreement
of the Underwriters.
This Clause 4
shall not exclude
customary towage in
connection with loading and 91
discharging. 92
5 TERMINATION 93
This
Clause 5 shall prevail
notwithstanding any provision/whether written typed
or printed in
this insurance 94
inconsistent
therewith. 95
Unless Underwriters agree to the contrary
in writing, this insurance shall terminate automatically at the time of 96
5.1 change of the
Classification Society of
the Vessel, or
change, suspension, discontinuance, withdrawal or 97
expire
of her Class
therein. However where
such change, suspension,
discontinuance or withdrawal
of 98
her
Class has resulted
from loss or
damage covered by
clause 6 of
the Institute Time
Clauses - Hulls 99
1/10/83
or which would
be covered by
an insurance of
the Vessel subject
to current Institute
War and 100
Strikes
Clauses Hulls - Time such
automatic termination shall not operate. 101
5.2 any change, voluntary
or otherwise, in
the ownership of
flag, transfer to
new management, or
charter 102
on
a bareboat basis,
or requisition for
title or use
of the Vessel.
However, in the event of requisition for 103
title
or use without
the prior execution
of a written
agreement by the
Assured, such automatic termination 104
shall occur fifteen days after such
requisition whether the Vessel is in port at sea. 105
6 BREACH OF WARRANTY 106
Held
covered in case
of any breach
of warranty as
to cargo, trade,
locality, towage, salvage
services or date
of 107
sailing,
provided notice be given
to the Underwriters
immediate after receipt
of advices and
any amended terms 108
of
cover and any
additional premium required
by them be
agreed. 109
7 ASSIGNMENT 110
No
assignment of or
interest in this
insurance or in
any moneys which
may be or
become payable thereunder
is 111
to
be binding on
or recognized by
the Underwriters unless
a dated notice
of such assignment
or interest signed 112
by
the Assured, and
by the assignor
in case of
subsequent assignment, is
endorsed on the
Policy and the
Policy 113
with
such endorsement is
produced before payment
of any claim
or return of premium thereunder. 114
8 DUTY OF ASSURED 115
It
is a condition
of this insurance
that the Assured
and their servant
and agents take
such measures as
may be 116
reasonable for
the purpose of
averting or minimising
a loss which
would be recoverable
under this insurance 117
9 RETURNS FOR CANCELLATION 118
To
return pro rata
monthly net for
each uncommenced month
if this insurance
be cancelled either
by agreement 119
or
by the operation
of Clause 5
provided that a
total loss of
the vessel, whether
by insured perils
or otherwise, 120
has not occurred during the period of this
insurance or any extension thereof. 121
10 WAR, STRIKES, MALICIOUS ACTS AND NUCLEAR
RISKS PARAMOUNT EXCLUSION 122
In
no case shall
this insurance cover
liability cost or
expense arising as
a result of
the operation of one
or more 123
of the following perils: 124
10.1 war civil war
revolution rebellion insurrection,
or civil strife
arising therefrom, or a ny
hostile act by or 125
against a belligerent power 126
10.2 capture seizure arrest
restraint or detainment
(barratry and piracy excepted), and
the consequences thereof 127
or
any attempt thereat 128
10.3 derelict mines torpedoes bombs or other derelict weapons of
war 129
10.4 Strikers, locked-out workmen, or persons taking part in labour
disturbances, riots or civil commotions 130
10.5 Any terrorist or any person acting from a political motive 131
10.6 the use of
any weapon of
war, or the
detonation of an
explosive, by any
person acting maliciously
or 132
from
a political motive 133
10.7 any weapon of war
employing atomic or nuclear
fission and/or fusion or
other like reaction or radioactive 134
force or matter 135
CL. 344
Posts
