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 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, 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 fussion 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 Union of
Soviet Socialist Republics,
The People’s Republic of China
4.1.3 requisition of 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
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 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
4.3 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 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 was a 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 Union of
Soviet Socialist Republics,
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 the reason of the
operation of this Clause 5, or of the sale of the
Vessel, pro rata net return of the 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 6 above
________________________________________________________________________________________________________
CL. 281
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