THAT the Rules be amended as set out hereafter, the amendments to be effective as from noon, 20 th February 2006.
|
|
- Garry Dennis
- 5 years ago
- Views:
Transcription
1 The Shipowners Protection Limited St Clare House, Minories London EC3N 1BP TO ALL MEMBERS Managers of The Shipowners Mutual Protection and Indemnity Association (Luxembourg) NOTICE OF EXTRAORDINARY GENERAL MEETING NOTICE IS HEREBY GIVEN that an Extraordinary General Meeting of The Shipowners Mutual Protection and Indemnity Association (Luxembourg) will be held at the Shangri-La Hotel, 11 Jalan Sultan Ismail Kuala Lumpur, Malaysia, on Thursday 8 th December 2005, at hours for the purpose of considering, and if thought fit, passing the following as a SPECIAL RESOLUTION: SPECIAL RESOLUTION THAT the Rules be amended as set out hereafter, the amendments to be effective as from noon, 20 th February The proposed amendments to the Rules follow overleaf. By order of the Board F.W.F. Tombs Manager 4 th November 2005 NOTE: A Member entitled to attend and vote at the meeting is entitled to appoint a proxy to attend and on a poll to vote instead of him. The proxy need not be a Member of the Association. 1
2 RULE 2 SECTION 4 DIVERSION EXPENSES Expenses incurred as a result of diversion or delay of an insured vessel (over and above the expenses that would have been incurred but for the diversion or delay) which was made necessary for the following reasons: Expenses incurred as a result of diversion or delay of an insured vessel (over and above the expenses that would have been incurred but for the diversion or delay) which was made necessary for the following reasons: D For the purpose of saving or attempting to save life at sea. This change is intended to clarify that the cost of fuel and other additional costs in proceeding to the rescue of and searching for persons in distress can be recovered from the Association. RULE 2 SECTION 7 COLLISION WITH OTHER VESSELS D PROVISOS v Where the insured vessel is a fishing vessel, nothing shall be recoverable from the Association in respect of loss of or damage to the outboard fishing gear of another vessel unless otherwise agreed by the Managers in writing. D PROVISOS v Where the insured vessel is a fishing vessel, nothing shall be recoverable from the Association in respect of loss of or damage to the outboard fishing gear of another vessel unless otherwise agreed by the Managers in writing. The exclusion has its roots in the perceived moral risk that individual fishermen would collude with other owners to manufacture claims in the hope of replacing worn out fishing gear from insurance proceeds. The face of the fishing industry has changed considerably over the years. It has become more corporate and the number of individual vessels involved has fallen significantly. The moral risk is now considered to be greatly reduced and owners are much more conscious of their loss records. This restriction should be removed to provide our Members with the widest possible cover. 2
3 RULE 2 SECTION 9 POLLUTION F PROVISOS i.. ii.. iii.. F A Member insured in respect of a vessel which is a relevant ship as defined in the Small Tanker Owners Pollution Indemnification Agreement (STOPIA) shall, unless the Managers otherwise agree in writing, be a party to STOPIA for the period of entry of the vessel in the Club. Unless the Managers have agreed in writing or unless the Directors otherwise determine there shall be no cover under Rule 2 Section 9 in respect of such a vessel so long as the Member is not a party to STOPIA. G PROVISOS i.. ii.. iii.. This change provides for automatic entry into STOPIA (Small Tanker Owners Pollution Indemnity Agreement) of a qualified ship by virtue of that ship s entry in the Club. The amendment also provides that there shall be no cover as a right in respect of oil pollution where a Member has either refused to become a party to STOPIA or has withdrawn from STOPIA. This latter provision has been applied by all Clubs to enable the International Group to comply with the terms of the agreement with the IOPC Fund. RULE 2 SECTION 10 TOWAGE NOTE TO SECTION 10C ii A WHERE THERE IS A CONTRACT WITH THE OWNER OF THE TOW i the United Kingdom, Netherlands or Scandinavian standard towage conditions; i the United Kingdom, Netherlands, or Scandinavian or German standard towage conditions; The German standard towage conditions have been added to the list of approved towage conditions. Although the German towage conditions are not as beneficial to the owners of the towing vessel, they represent the best protection available under German law. 3
4 RULE 2 SECTION 14 CARGO LIABILITIES E PROVISOS i HAGUE AND HAGUE-VISBY RULES Unless the Member has previously obtained appropriate special cover by agreement with the Managers or the Board in its discretion otherwise determines, there shall be no recovery from the Association in respect of liabilities which would not have been incurred or sums which would not have been payable by the Member if the contract of carriage had incorporated the Hague Rules, the Hague-Visby Rules, or terms at least as favourable to the Member as the Hague-Visby Rules. viii DECK CARGO There shall be no right of recovery from the Association in respect of claims arising from the carriage of cargo on deck unless either: a The cargo is carried under a contract of carriage which permits the cargo to be carried on deck, states that the cargo is being carried on deck and exonerates the Member from all liability in respect of such cargo or; b Such cargo has otherwise been agreed by the Managers in writing. NOTE TO SECTION 1E viii DECK CARGO CLAUSE Members are recommended to use the following wording in stating that the cargo is being carried on deck and exonerating themselves from liability: The cargo is carried on deck at the sole risk of the shipper and the carrier shall have no liability whatsoever for loss or damages of whatsoever nature arising during carriage, even if caused by unseaworthiness of the vessel or negligence of the carrier or his servants or agents. Members should note that in many jurisdictions the carriage of cargo on barges is considered legally equivalent to carriage on deck. E PROVISOS i HAGUE AND HAGUE-VISBY RULES Unless the Member has previously obtained appropriate special cover by agreement with the Managers or the Board in its discretion otherwise determines, there shall be no recovery from the Association in respect of liabilities which would not have been incurred or sums which would not have been payable by the Member if the cargo had been carried on terms no less favourable to the Member than those laid down in the Hague or Hague-Visby Rules, save where the contract of carriage is on terms less favourable to the Member than those laid down in the Hague or Hague- Visby Rules solely because of the relevant terms of carriage being of mandatory application. viii DECK CARGO There shall be no right of recovery from the Association in respect of claims arising from the carriage of cargo on deck unless either: a The cargo is carried under a contract of carriage which permits the cargo to be carried on deck, states that the cargo is being carried on deck and exonerates the Member from all liability in respect of such cargo or; b Such cargo has otherwise been agreed by the Managers in writing. NOTE TO SECTION 1E viii DECK CARGO CLAUSE Members are recommended to use the following wording in stating that the cargo is being carried on deck and exonerating themselves from liability: The cargo is carried on deck at the sole risk of the shipper and the carrier shall have no liability whatsoever for loss or damages of whatsoever nature arising during carriage, even if caused by unseaworthiness of the vessel or negligence of the carrier or his servants or agents. Members should note that in many jurisdictions the carriage of cargo on barges is considered legally equivalent to carriage on deck. 4
5 The Club has always been wary of the risks associated with the carriage of deck cargo on small vessels with restricted freeboard. As a consequence it has maintained a requirement within the Rules that deck cargo should be carried at shipper s risk. While remaining wary about the carriage of deck cargo on small vessels it is recognised that the current Rule is unnecessarily restrictive and does not take account of the needs of Members operating container feeder services, nor does it take account of legislative changes in many jurisdictions which prevent owners opting out of liability for loss of or damage to deck cargo. It is recommended that the Rule is widened to reflect the cover given by the Pooling Agreement. The Club will continue to recommend deck cargo is carried at shipper s risk wherever possible. RULE 2 SECTION 22 SUE AND LABOUR AND LEGAL COSTS A Extraordinary costs and expenses (other than those set out in paragraph B of this Section) reasonably incurred on or after the occurrence of any casualty, event or matter liable to give rise to a right of recovery from the Association and incurred solely for the purpose of avoiding or minimising any liability or expenditure against which the Member is wholly or, by reason of a deductible or otherwise, partly insured by the Association. B Legal costs and expenses relating to any liability or expenditure against which the Member is wholly, or by reason of a deductible or otherwise, partly insured by the Association, but only to the extent that those costs and expenses have been incurred with the agreement of the Managers or to the extent that the Board in its discretion decides that the Member should recover from the Association. A Extraordinary costs and expenses (other than those set out in paragraph B of this Section) reasonably incurred on or after the occurrence of any casualty, event or matter liable to give rise to a right of recovery from the Association and incurred solely for the purpose of avoiding or minimising any liability or expenditure against which the Member is wholly or, by reason of a deductible or otherwise, partly insured by the Association. B Legal costs and expenses relating to any liability or expenditure against which the Member is wholly, or by reason of a deductible or otherwise, partly insured by the Association, but only to the extent that those costs and expenses have been incurred with the agreement of the Managers or to the extent that the Board in its discretion decides that the Member should recover from the Association. PROVIDED THAT There shall be no right of recovery under this Rule for any cost or expense related to ransom demands, extortion, blackmail, bribery or any illegal payments. This change is designed to clarify the Club s position in relation to piracy. The Club provides cover to Members for legal liabilities they may have arising out of an act of piracy, however Club cover will not normally extend to include payment or ransom demands, particularly in relation to kidnapped crew. Specialist kidnap and ransom policies are available to cover this risk. The Rules contain a loophole which in certain circumstances can allow a ransom payment to be characterised as a sue and labour expense. The change is designed to close that loophole. 5
6 RULE 25 LIABILITY EXCLUDED FOR WAR, BIO-CHEM AND COMPUTER VIRUS RISKS 4 Any chemical, biological, bio-chemical or electromagnetic weapon. 5 The use or operation, as a means of inflicting harm, of any computer, computer system, computer software programme, malicious code, computer virus or process or any other electronic system. Following the upsurge in terrorist activity in recent years the reinsurance market has introduced a blanket exclusion for claims arising out of chemical, biological, bio-chemical or electromagnetic weapons or computer viruses or similar software. It is anticipated that this exclusion will be applied to the Club s reinsurance cover from 20 th February 2006 and consequently a similar exclusion must be introduced into the Club Rules to prevent possble exposure to claims for which there is no reinsurance. RULE 30 LIABILITIES EXCLUDED IN RESPECT OF LIVE ANIMALS There shall be no right of recovery from the Association in respect of the carriage of live animals, unless the Managers otherwise agree in writing. There shall be no right of recovery from the Association in respect of the carriage of live animals, unless the Managers otherwise agree in writing. Shipowners is the only Club in the International Group which retains an exclusion of cover for liabilities arising out of the carriage of live animals. It has little relevance to our current Members and this unnecessary restriction in our ability to provide the widest possible cover to Members should be removed. RULE 30 LIABILITIES EXCLUDED IF AS A RESULT OF WILFUL MISCONDUCT There shall be no right of recovery of any claim from the Association if it arises out of wilful misconduct on the part of the insured (being an act intentionally done or a deliberate omission by the insured owner with knowledge that the performance or omission will probably result in injury or loss, or an act done or omitted in such a way as to allow an inference of a reckless disregard for the probable consequences). 6
7 The removal of the exclusion in respect of live animals provides an opportunity to insert a straightforward and simple exclusion for wilful misconduct. The Rules incorporate English law and the Marine Insurance Act which have always prevented people recovering under an insurance policy when the cause of the loss was their own misconduct. This principle has however never been clearly and unambiguously stated within the Association s Rules. The Rule now proposed also mirrors the provisions contained within the International Group Pooling Agreement which forms our primary reinsurance. RULE 40 JOINT ENTRIES 6 There shall be no right of recovery from the Association in respect of any liabilities, costs and expenses arising directly or indirectly from disputes between joint Members. The Managers have encountered an increasing number of situations where a joint assured has tried to avail themselves of Club cover (particularly in relation to FD & D) in relation to disputes between joint assureds. The purpose of Club cover is to protect assureds from third parties and the object of this Rule change is to make that point clear. RULE 62 SETTLEMENT OF CLAIMS The Board shall meet as often as may be required for the settlement of claims on the Association and any other matters relating to the business of the Association, but the Board shall have power from time to time to authorise the Managers to effect payment of such claims, without prior reference to the Board, of such types and up to such sums as the Board may determine. 1 The Board shall meet as often as may be required for the settlement of claims on the Association and any other matters relating to the business of the Association, but the Board shall have power from time to time to authorise the Managers to effect payment of such claims, without prior reference to the Board, of such types and up to such sums as the Board may determine. 2 Where a Member s claim is settled in a currency other than the currency of the original payment, then that payment shall be converted to the settlement currency at the rate of exchange prevailing on the day the original payment was made. 3 Payment of a claim by the Association to a Member s broker, manager or to any other agent of the Member shall fully discharge the Association s liability to the Member. 7
8 There have been a number of occasions where disputes have arisen over rates of exchange, particularly if a Member has been slow in submitting a claim and the rate of inflation in the Member s country has been high. This addition to the Rules is intended to clarify the Club s position. The Club is increasingly being asked to pay claims to Members brokers. The purpose of this change is to protect the Club from the possibility of having to pay the claim twice should a broker or other agent of the Member misappropriate funds or become insolvent. RULE 64 DISPUTES PROCEDURES 1 If any difference or dispute shall arise between a Member and the Association out of or in connection with these Rules or arising out of any contract between the Member and the Association or as to the rights or obligations of the Association or the Member thereunder or in connection therewith or as to any other matter whatsoever, such difference or dispute shall in the first instance be referred to and adjudicated by the Board. Such reference and adjudication shall be on written submission only, but this reference and adjudication may be waived at the discretion of the Board. 2 If a Member concerned in such difference or dispute does not accept the decision of the Board following such reference and adjudication it shall be referred to the arbitration in London of two arbitrators, one to be appointed by the Association and the other by such Member, and an umpire to be appointed by the arbitrators, and the submission to arbitration and all the proceedings therein shall be subject to the provisions of the English Arbitration Acts 1950 and 1979, and any statutory modification or re-enactment thereof. 3 No Member may bring or maintain any action, suit or other legal proceedings against the Association in connection with any such difference or dispute unless he has first obtained an arbitration award in accordance with this Rule. 1 If any difference or dispute shall arise between a Member and the Association out of or in connection with these Rules or arising out of any contract between the Member and the Association or as to the rights or obligations of the Association or the Member thereunder or in connection therewith or as to any other matter whatsoever, such difference or dispute shall in the first instance be referred to and adjudicated by the Board. Such reference and adjudication shall be on written submission only, but this reference and adjudication may be waived at the discretion of the Board. 2 If a Member concerned in such difference or dispute does not accept the decision of the Board following such reference and adjudication or if adjudication is waived at the discretion of the Board it shall be referred to arbitration in London, one arbitrator to be appointed by the Association, one by the Member, and a third to be appointed by the arbitrators. The submission to arbitration and all the proceedings therein shall be subject to the provisions of the English Arbitration Act 1996 and any statutory modification or reenactment thereof. 3 No Member may bring or maintain any action, suit or other legal proceedings against the Association in connection with any such difference or dispute unless he has first obtained an arbitration award in accordance with this Rule. This brings the Club Rules into line with recent changes to the relevant legislation under English law. It also clarifies the position of the parties if adjudication is waived at the discretion of the Board. 8
PRE-DELIVERY LIABILITY POLICY
PRE-DELIVERY LIABILITY POLICY YACHTOWNERS PRE-DELIVERY LIABILITY POLICY Who we are We are Yachtowners, a dedicated team within The Shipowners Mutual Protection and Indemnity Association (Luxembourg), a
More informationDecember Notice to Members No /2010. Notice to All Class 1 Members
December 2009 Notice to Members No. 13 2009/2010 Notice to All Class 1 Members NOTICE is hereby given that an Extraordinary General Meeting of the Members of Class 1 of the Association will be held at
More informationCircular Ref: 3/13 FEBRUARY 2013
Circular Ref: 3/13 FEBRUARY 2013 OUTLINE Limit on Special War Risks P&I cover for 2013 policy year remains US$500 million. Bio-Chem exclusion remains and a supplementary cover for Bio-Chem risks in respect
More informationAmendments to Rules 2017
Member Circular No. 18/2016 18 January 2017 Amendments to Rules 2017 Dear Sirs, This Circular outlines the amendments to the Rules for Ships and the Rules for Mobile Offshore Units of both Assuranceforeningen
More informationProtection & Indemnity Insurance 2010/2011 Part 2 - final
P&I 2493/2010 9 February 2010 Protection & Indemnity Insurance 2010/2011 Part 2 - final This is the second circular letter in respect of 2010/2011 policy year including updated information. The information
More informationThe Shipowners Club Yacht Liability Insurance. Policy
The Shipowners Club Yacht Liability Insurance Policy The Shipowners' Club Yacht Liability Insurance Policy Who we are We are the Shipowners Mutual Protection and Indemnity Association (Luxembourg), a marine
More informationWAR AND TERRORISM RISKS: COVER IN RESPECT OF BIOLOGICAL AND BIO-CHEMICAL WEAPONS 2019 POLICY YEAR
DECEMBER 19, 2018 CIRCULAR NO. 47/18 TO MEMBERS OF THE ASSOCIATION Dear Member: WAR AND TERRORISM RISKS: COVER IN RESPECT OF BIOLOGICAL AND BIO-CHEMICAL WEAPONS 2019 POLICY YEAR This Circular describes
More informationJanuary Notice to Members No /2007. Notice to All Class 1 Members
January 2007 Notice to Members No. 7 2006/2007 Notice to All Class 1 Members NOTICE is hereby given that an Extraordinary General Meeting of the Members of Class 1 of the Association will be held at 1000
More informationProtection & Indemnity Insurance 2018/2019 Part 2
Circular P&I 2629/2017 Protection & Indemnity Insurance 2018/2019 Part 2 Explanation of reinsurance and premium structure The Swedish Club provides P&I cover for its members for each and every accident
More informationProtection & Indemnity Insurance 2017/2018
Circular P&I 2622/2016 Protection & Indemnity Insurance 2017/2018 Part 2 Explanation of reinsurance and premium structure The Swedish Club provides P&I cover for its members for each and every accident
More informationSMALL TANKER OIL POLLUTION INDEMNIFICATION AGREEMENT (STOPIA)
The Shipowners Protection Limited St Clare House, 30-33 Minories London EC3N 1BP TO ALL MEMBERS Managers of The Shipowners Mutual Protection and Indemnity Association (Luxembourg) June 2005 Dear Sirs,
More informationMARITIME LABOUR CONVENTION 2006 AS AMENDED (MLC): FINANCIAL SECURITY REQUIREMENTS
DECEMBER 19, 2016 TO ALL INSUREDS AND BROKERS Dear Sirs: MARITIME LABOUR CONVENTION 2006 AS AMENDED (MLC): FINANCIAL SECURITY REQUIREMENTS The amendment to the Maritime Labour Convention 2006 (MLC) will
More informationThe Shipowners Club Fishing Vessel Liability Insurance. Policy
The Shipowners Club Fishing Vessel Liability Insurance Policy The Shipowners Club Fishing Vessel Liability Insurance Policy Who we are We are The Shipowners Mutual Protection and Indemnity Association
More informationReinsurance arrangements for the 2019 policy year arranged through the International Group of P&I Clubs special P&I war risks cover
Member Circular No. 16/2018 January 2019 Reinsurance arrangements for the 2019 policy year arranged through the International Group of P&I Clubs special P&I war risks cover Dear Sirs, Reinsurance arrangements
More informationMARITIME LABOUR CONVENTION 2006 AS AMENDED (MLC): FINANCIAL SECURITY REQUIREMENTS
OCTOBER 06, 2016 CIRCULAR NO. 34/16 TO MEMBERS OF THE ASSOCIATION Dear Member: MARITIME LABOUR CONVENTION 2006 AS AMENDED (MLC): FINANCIAL SECURITY REQUIREMENTS Reference is made to previous communications
More informationFISHING VESSEL LIABILITY INSURANCE POLICY
FISHING VESSEL LIABILITY INSURANCE POLICY ii Fishing Vessel Liability Insurance Policy SHIPOWNERS FISHING VESSEL LIABILITY INSURANCE POLICY Who we are We are The Shipowners Mutual Protection and Indemnity
More informationSTOPIA 2006 and TOPIA 2006 <1>
Agenda Item 4 IOPC/OCT16/4/3/2/Rev.1 Date 29 September 2016 Original English 1992 Fund Assembly 92A21 1992 Fund Executive Committee 92EC67 Supplementary Fund Assembly SA13 STOPIA 2006 and TOPIA 2006
More informationYACHT CREW LIABILITY TERMS & CONDITIONS AS OF 20 FEBRUARY 2017
YACHT CREW LIABILITY TERMS & CONDITIONS AS OF 20 FEBRUARY 2017 CONTENT PART 1 INSURANCE AGREEMENT 3 PART 2 INSURANCE COVER 4 PART 3 EXCLUSIONS 6 PART 4 GENERAL PROVISIONS 8 PART 5 ADDITIONAL COVER 13 APPENDIX
More informationFISHING VESSEL LIABILITY INSURANCE POLICY 2019
FISHING VESSEL LIABILITY INSURANCE POLICY 2019 Who we are We are The Shipowners Mutual Protection and Indemnity Association (Luxembourg), a marine liability insurer, protecting the interests of vessel
More informationTO ALL MEMBERS. February Dear Sirs, STOPIA 2006 AND TOPIA 2006
TO ALL MEMBERS February 2006 The Shipowners Protection Limited St Clare House, 30-33 Minories London EC3N 1BP Managers of The Shipowners Mutual Protection and Indemnity Association (Luxembourg) Dear Sirs,
More informationJanuary Notice to Members No /2009. Notice to All Class 1 Members
January 2009 Notice to Members No. 13 2008/2009 Notice to All Class 1 Members NOTICE is hereby given that an Extraordinary General Meeting of the Members of Class 1 of the Association will be held at 0930
More information(iii) for loss of or damage to the effects of any passengers on board an insured vessel;
Class 1 Protection & Indemnity and Other Risks Section 2A. Liability to passengers. Liability to pay damages or compensation:- for personal injury, illness or death of any passenger of an insured vessel
More informationMARITIME AUTONOMOUS VESSEL LIABILITY INSURANCE POLICY 2018/2019
MARITIME AUTONOMOUS VESSEL LIABILITY INSURANCE POLICY 2018/2019 SHIPOWNERS MARITIME AUTONOMOUS VESSEL LIABILITY INSURANCE POLICY 2018/2019 Who we are We are The Shipowners Mutual Protection and Indemnity
More informationP&I Circular. Part 2 Protection & Indemnity Insurance 2019/2020. No. 2641/2019. Gothenburg : 4 January 2019
P&I Circular No. 2641/2019 Gothenburg : 4 January 2019 Part 2 Protection & Indemnity Insurance 2019/2020 Protection & Indemnity Insurance 2019/2020 Part 2 Executive summary Explanation of reinsurance and
More informationReinsurance arrangements for the 2016 policy year arranged through the International Group of P&I Clubs
Member Circular No. 13/2015 February 2016 Reinsurance arrangements for the 2016 policy year arranged through the International Group of P&I Clubs Dear Sirs, Reinsurance arrangements for the 2016 policy
More informationDIVE BOAT LIABILITY INSURANCE POLICY
DIVE BOAT LIABILITY INSURANCE POLICY SHIPOWNERS DIVE BOAT LIABILITY INSURANCE POLICY Who we are We are The Shipowners Mutual Protection and Indemnity Association (Luxembourg), a marine liability insurer,
More informationIMO PROVISION OF FINANCIAL SECURITY
INTERNATIONAL MARITIME ORGANIZATION E IMO LEGAL COMMITTEE 92nd session Agenda item 5 LEG 92/5/3 15 September 2006 Original: ENGLISH PROVISION OF FINANCIAL SECURITY (ii) Follow-up on resolutions adopted
More informationTO ALL OWNERS AND MEMBERS. 13 November Dear Sirs RULE AMENDMENTS. Rule amendments
TO ALL OWNERS AND MEMBERS 13 November 2013 Dear Sirs RULE AMENDMENTS Rule amendments The attachments to this letter set out proposed amendments to the club s P&I, Offshore and Defence rules, explanations
More informationREVIEW OF THE INTERNATIONAL COMPENSATION REGIME
INTERNATIONAL OIL POLLUTION COMPENSATION FUND 1992 THIRD INTERSESSIONAL 92FUND/WGR.3/25/2 WORKING GROUP 4 February 2005 Agenda item 2 Original: ENGLISH REVIEW OF THE INTERNATIONAL COMPENSATION REGIME SHARING
More informationFreight Demurrage and Defence Insurance (FD&D) Terms and Conditions
Freight Demurrage and Defence Insurance (FD&D) Terms and Conditions This insurance product can only be part of a Charterers Liability Insurance policy and not as a stand alone cover. SCOPE OF COVER CLAUSE
More informationSouth China Insurance Institute Mortgagees Interest Wording (Amended 1/2/05)
South China Insurance Institute Mortgagees Interest Wording (Amended 1/2/05) 106.12.08(106)華產企字第335號函備查 Subject to the conditions of this wording, this policy shall indemnify the Insured Mortgagee for
More informationTO ALL OWNERS AND MEMBERS. 18 December Dear Sirs RULE AMENDMENTS. Rule amendments
TO ALL OWNERS AND MEMBERS 18 December 2015 Dear Sirs RULE AMENDMENTS Rule amendments The attachments to this letter set out proposed amendments to the club s P&I, Offshore and Singapore War Risks Mutual
More informationSTOPIA 2006 (as amended 2017) and TOPIA 2006 (as amended 2017) 2017 amendments
February 2017 To the Members Dear Sirs, STOPIA 2006 (as amended 2017) and TOPIA 2006 (as amended 2017) 2017 amendments The Small Tanker Oil Pollution Indemnification Agreement (STOPIA) and the Tanker Oil
More informationLiability Insurance Policy for European Inland Craft
Liability Insurance Policy for European Inland Craft ii Liability Insurance Policy for European Inland Craft SHIPOWNERS LIABILITY INSURANCE POLICY FOR EUROPEAN INLAND CRAFT Who we are EUROP&I is a specialist
More informationMandatory Club Clauses 2018
H&M Insurance Mandatory Club Clauses 2018 Marine Circular www.swedishclub.com A.1 Fleet Clause 2013-10-03 Enclosure 1 It is understood and agreed that this vessel forms part of the fleet [see Policy] entered
More informationAssured... Address Facsimile... address... Insured Vessel(s)...
Terms and conditions Hull and Machinery Marine Protection and Legal Expenses GeneralLiability, Terms and Conditions BRITISH MARINE Hull and Machinery GENERAL TERMS AND CONDITIONS Assured... Address......
More informationPROPOSED AMENDMENTS TO THE RULES 2018
PROPOSED AMENDMENTS TO THE RULES 2018 CONTENTS OF PROPOSED AMENDMENTS TO THE RULES 2018: PART 1 INTRODUCTORY 2 PART 2 P&I RISKS COVERED 3 PART 3 LEGAL COSTS COVER 8 PART 4 CLAIMS PROCEDURES 10 PART 5 LIMITATIONS
More informationUnderstanding Claims Handling Process & its Complexities
Understanding Claims Handling Process & its Complexities Tan Hui Tsing M/s Gurbani & Co Maritime Insurance Marine Insurance Act 1906 Hull & Machinery insurance Cargo insurance Protection & Indemnity insurance
More informationTO ALL MEMBERS. 23 December Dear Sirs ALTERATIONS TO THE RULES OF THE ASSOCIATION
TO ALL MEMBERS 23 December 2008 Dear Sirs ALTERATIONS TO THE RULES OF THE ASSOCIATION We refer to our circular dated 11 November 2008 advising you that the new rules for 2009/10 had been adopted at the
More informationConditions of Use for LNG CARRIERS
ANNEX FFF - CONDITIONS OF USE for LNG CARRIERS Conditions of Use for LNG CARRIERS Annex - FFF to ETKI LNG TERMINAL INFORMATION AND REGULATIONS for FSRU and LNGC 1 CONDITIONS OF USE All facilities and assistance
More information(1) Cargo claims and cargo s proportion of General Average
TEXT OF CHANGES - CLASS 1 RULES 1. RULE 6 - DEDUCTIBLES In line with Notice to Members No.17 of 2017/2018 (Renewals 2018/2019) as it relates to general increases in standard deductibles, it is proposed
More informationPROVIDED THAT:- Rule 2 Section 11. Pollution.
Rule 2 Section 11. Pollution. Subject to the provisions of Rule 15 the liabilities, loss, damage, costs and expenses set out in paragraphs (A) to (E) below when and to the extent that they arise out of
More informationAddendum Clauses referred to in Charterers Certificates of Entry or Endorsement Slips.
Addendum Clauses referred to in Charterers Certificates of Entry or Endorsement Slips. This Addendum contains full wordings of clauses which may be incorporated, where contractually agreed, in the terms
More informationClauses referred to in Owners Certificates of Entry or Endorsement Slips.
Clauses referred to in Owners Certificates of Entry or Endorsement Slips. Addendum for Owners This Addendum contains full wordings of clauses which may be incorporated, where contractually agreed, in the
More informationAMENDMENTS TO THE P&I, OFFSHORE, DEFENCE, WAR RISKS RULES AND DIRECTORS FEES
TO ALL MEMBERS 23 December 2011 Dear Sirs AMENDMENTS TO THE P&I, OFFSHORE, DEFENCE, WAR RISKS RULES AND DIRECTORS FEES This letter and attachments set out proposed amendments to the Association s P&I,
More informationAMENDMENTS TO THE P&I, OFFSHORE, WAR RISKS AND DEFENCE RULES AND DIRECTORS FEES
TO ALL MEMBERS 23 December 2011 Dear Sirs AMENDMENTS TO THE P&I, OFFSHORE, WAR RISKS AND DEFENCE RULES AND DIRECTORS FEES This letter and attachments set out proposed amendments to the Association s P&I,
More informationLIABILITY INSURANCE POLICY FOR EUROPEAN INLAND CRAFT 2018
LIABILITY INSURANCE POLICY FOR EUROPEAN INLAND CRAFT 2018 Who we are EUROP&I is a specialist P&I intermediary acting as the agent of The Shipowners Mutual Protection and Indemnity Association (Luxembourg)
More informationTO ALL MEMBERS. 2 December Dear Sirs AMENDMENTS TO THE P&I, OFFSHORE AND DEFENCE RULES
TO ALL MEMBERS 2 December 2009 Dear Sirs AMENDMENTS TO THE P&I, OFFSHORE AND DEFENCE RULES This letter and the attachments set out proposed amendments to the P&I, Offshore and Defence Rules, and details
More informationMARITIME LABOR CONVENTION 2006 AS AMENDED (MLC) FREQUENTLY ASKED QUESTIONS (FAQS) RECENT UPDATE
AUGUST 10, 2018 CIRCULAR NO. 30/18 TO MEMBERS OF THE ASSOCIATION Dear Member: MARITIME LABOR CONVENTION 2006 AS AMENDED (MLC) FREQUENTLY ASKED QUESTIONS (FAQS) RECENT UPDATE Reference is made to previous
More informationTO ALL MEMBERS OF THE LONDON CLASS. 4 January Dear Sirs AMENDMENTS TO THE LONDON CLASS RULES
TO ALL MEMBERS OF THE LONDON CLASS 4 January 2012 Dear Sirs AMENDMENTS TO THE LONDON CLASS RULES This letter and attachments set out proposed amendments to the Association s London Class rules and details
More informationTO ALL OWNERS AND MEMBERS. 3 December Dear Sirs RULE AMENDMENTS. Rule amendments
TO ALL OWNERS AND MEMBERS 3 December 2014 Dear Sirs RULE AMENDMENTS Rule amendments The attachments to this letter set out proposed amendments to the club s P&I, Offshore and Defence rules, explanations
More informationThe Qeshm International Trust Alliance Protection and Indemnity Club. Class 1- Protection & Indemnity
The Qeshm International Trust Alliance Protection and Indemnity Club P & I R U L E S 2 0 1 4 / 1 5 Class 1- Protection & Indemnity The Qeshm International Trust Alliance Protection and Indemnity Class
More informationP&I Terms and Conditions. 1st September 2018
P&I Terms and Conditions 1st September 2018 Thomas Miller Specialty - leading global insurance and related risk management services across a number of sectors including marine and aviation. Contents Part
More informationThe Shipowners Mutual Protection and Indemnity Association (Luxembourg) 99 Grand-Rue L-1661 Luxembourg
The Shipowners Mutual Protection and Indemnity Association (Luxembourg) 99 Grand-Rue L-1661 Luxembourg Telephone +352 229 7101 Facsimile +352 229 710222 e mail info@shipowners.lu General Manager Frank
More informationARAB WAR RISKS INSURANCE SYNDICATE (AWRIS)
WAR OPEN COVER Between ARAB WAR RISKS INSURANCE SYNDICATE (AWRIS) Herein after called (The Syndicate) And xxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxx Herein after called (The Reinsured) ARTICLE 1 - INTEREST
More informationUNITED NATIONS CARGO INSURANCE, CARGO INSURANCE. Restricted Cover
Page 1 sur 8 UNITED NATIONS CARGO INSURANCE, CARGO INSURANCE Restricted Cover A. - COVERAGE 1 This insurance covers physical loss of or damage to the insured cargo caused by 1.1 vessel or craft being stranded,
More informationRaetsMarine P&I Malaysia
RaetsMarine P&I Malaysia Shipowners Compulsory Marine Liability Scheme Policy Wording 2016 Version 2 Contents PART 1 PROTECTION & INDEMNITY (CLASS 1)... 1 SECTION 1 ABANDONMENT/REPATRIATION, ILLNESS, INJURY
More informationInter-Club New York Produce Exchange Agreement 1996 (as amended September 2011)
TO ALL OWNERS AND MEMBERS 24 August 2011 Dear Sirs Inter-Club New York Produce Exchange Agreement 1996 (as amended September 2011) The Inter-Club New York Produce Exchange Agreement (the ICA), which was
More informationDELAY IN START UP INSURANCE (MARINE)
DELAY IN START UP INSURANCE (MARINE) (The terms and conditions including the wording provided are the proposed wordings and the final terms and conditions would be identical to those provided by the Reinsurer
More informationContents. Rules for Charterers' Insurance Articles of Association
Contents Rules for Charterers' Insurance Articles of Association Printed by PR-Offset AB, Gothenburg, Sweden Published February 2018 1802PR500B The Swedish Club 2 Rules for Charterers' Insurance Chapter
More informationINCIDENTS INVOLVING THE IOPC FUNDS 1992 FUND
Agenda Item 3 Date 16 March 2018 Original English 1992 Fund Assembly 92AES22 1992 Fund Executive Committee 92EC70 Supplementary Fund Assembly SAES6 INCIDENTS INVOLVING THE IOPC FUNDS 1992 FUND DOUBLE JOY
More informationClass 1- Protection & Indemnity
Class 1- Protection & Indemnity RULES & LIST OF CORRESPONDENTS 2015/16 RULES & LIST OF CORRESPONDENTS 2015/16 RULES AND LIST OF CORRESPONDENTS Policy year 2015/16 CONTENTS SECTION 1 INTRODUCTION..... 3
More informationPORT QASIM AUTHORITY. Condition of Use for LNG CARRIERS
PORT QASIM AUTHORITY Condition of Use for LNG CARRIERS Dated 11 th April 2015 Annex 1 to Standard Operating Procedures for LNG Carriers in Port Qasim 1 CONDITIONS OF USE All facilities and assistance of
More informationGRAND MANAN SCHEDULE CONDITIONS OF CARRIAGE COASTAL TRANSPORT
GRAND MANAN SCHEDULE and CONDITIONS OF CARRIAGE COASTAL TRANSPORT GRAND MANAAN SCHEDULE DEPARTING BLACKS HARBOUR Regular Schedule Daily* 09:30, 13:30, 17:30, 21:00 Additional Summer Crossings 07:30, 11:30,
More informationUNMANNED VESSELS LEGAL ASPECTS TO
UNMANNED VESSELS LEGAL ASPECTS TO CONSIDER FROM AN INSURANCE PERSPECTIVE IUMI Webinar May 11 th, 2017 Dr. Maximilian Guth, LL.M. (Southampton) Rechtsanwalt and Solicitor of England & Wales Agenda I. Unmanned
More informationINSTITUTE STRIKES CLAUSES (FROZEN FOOD) (Excluding Frozen Meat)
Marine INSTITUTE STRIKES CLAUSES (FROZEN FOOD) (Excluding Frozen Meat) RISKS COVERED 1. This insurance covers, except as provided in s 3 and 4 below, loss of or damage to the subject-matter insured caused
More informationAIRCRAFT CHARTER AGREEMENT
AIRCRAFT CHARTER AGREEMENT This Agreement is entered into between: 1. XXX, having its principal place of business at XXX (Address) (hereinafter referred to as XXX ); and 2. Singapore Airlines Cargo Pte
More informationContents. chapter 1 Introduction chapter 2 The sources of law chapter 3 The insurance contract... 36
[start forord] Preface The first edition of this handbook on hull insurance in 2007 was based on the Norwegian Marine Insurance Plan 1996 Version 2007. This second edition is based on the present version
More informationComparative Essay about War Risks and Strikes
Earlier Developments Comparative Essay about War Risks and Strikes War Risks: By Shen Meilin & Zhao Fangxin In England, the SG Policy did provide for war risks. Then, it could be excluded by the FC and
More informationCLASS I Protection and Indemnity. Edition 2018
CLASS I Protection and Indemnity Edition 2018 INDEX RULE 1 DEFINITIONS... 3 RULE 2 INTRODUCTORY... 4 RULE 3 GENERAL... 4 3.1 Paramount Clauses... 4 3.2 Limitation of liability... 5 3.3 Oil pollution and/or
More informationINSTITUTE NATURAL RUBBER CLAUSES. (excluding Liquid Latex) 1 This insurance covers, except as provided in Clauses 4, 5, 6 and 7 below, Risks Clause
INSTITUTE NATURAL RUBBER CLAUSES (excluding Liquid Latex) RISKS COVERED 1 This insurance covers, except as provided in s 4, 5, 6 and 7 below, Risks 1.1 loss of or damage to the subject-matter insured reasonably
More informationMarine Liability Policy for Charterers
Marine Liability Policy for Charterers Version 2/2017 msamlin.com/pandi EMERGENCY CONTACT DETAILS HEAD OFFICE ROTTERDAM, THE NETHERLANDS MS Amlin Marine N.V. Telephone +31 10 2425 000 Fax +31 10 2121 918
More informationLONDON MARINE CONSTRUCTION ALL RISKS WORDING (01/09/07) SCHEDULE
LONDON MARINE CONSTRUCTION ALL RISKS WORDING (01/09/07) SCHEDULE Note: For items marked * the default provision in the relevant clause shall apply in the absence of any other figure agreed in this Schedule.
More informationClauses referred to in Owners Certificates of Entry or Endorsement Slips.
Clauses referred to in Owners Certificates of Entry or Endorsement Slips. Addendum for Owners This Addendum contains full wordings of clauses which may be incorporated, where contractually agreed, in the
More informationNon Poolable Covers. Introduction
Non Poolable Covers Non Poolable Covers Introduction Members of the Club are insured for protection and indemnity (P&I) risks in accordance with the standard terms of entry, set out in the Rules. These
More informationIntroduction to P&I The background, the rules and the wet stuff. - Part two- Nordisk Institutt for Sjørett Andreas Brachel Gard
Introduction to P&I The background, the rules and the wet stuff - Part two- Nordisk Institutt for Sjørett 23.4.2009 Andreas Brachel Gard The rules: Cargo claims Some cargoes are more valuable than others
More informationPART I: SCOPE OF INSURANCE PART II: RISKS COVERED
i PART I: SCOPE OF INSURANCE... 1 PART II: RISKS COVERED... 1 1. Liabilities for Crew members... 1 2. Liabilities for persons other than Crew and Passengers... 2 3. Liabilities for Passengers... 3 4. Liabilities
More information1. Shipbroker THE BALTIC AND INTERNATIONAL MARITIME COUNCIL (BIMCO) STANDARD SLOT CHARTER PARTY CODE NAME: SLOTHIRE. Sample Copy
Copyright, published by The Baltic and International Maritime Council (BIMCO) Issued by The Documentary Committee of The Baltic and International Maritime Council (BIMCO), Copenhagen 1. Shipbroker THE
More informationNORTH RESIDENTIAL TRAINING COURSE 2018 POLLUTION. Catherine Doyle, Michelle Foster and Eamon Moloney
NORTH RESIDENTIAL TRAINING COURSE 2018 POLLUTION Catherine Doyle, Michelle Foster and Eamon Moloney POLLUTION definition to make offensive or harmful to human, animal or plant life POLLUTION we will discuss:
More informationWarranted not to abandon in case of capture, seizure or detention, until after condemnation of the property insured.
AMERICAN INSTITUTE HULL WAR RISKS AND STRIKES CLAUSES (INCLUDING AUTOMATIC TERMINATION AND CANCELLATION PROVISIONS) FOR ATTACHMENT TO AMERICAN INSTITUTE HULL CLAUSES December 1, 1977-14.1005/US/0409 This
More informationLLOYD'S ASIA (OFFSHORE POLICIES) INSTRUMENT 2002 CONTENTS
LLOYD'S ASIA (OFFSHORE POLICIES) INSTRUMENT 2002 CONTENTS Clause Page No. 1. Commencement and Interpretation 3 2. Direction by the Council 3 3. Constitution of the Member s Offshore Policies Trust Fund
More information1/1/82 INSTITUTE CARGO CLAUSES (AIR) (excluding sendings by Post)
1/1/82 INSTITUTE CARGO CLAUSES (AIR) (excluding sendings by Post) RISKS COVERED 1. This insurance covers all risks of loss of damage to the subject-matter insured except as provided in s 2, 3 4 below.
More informationINSTITUTE STRIKES CLAUSES (COMMODITY TRADES) Agreed with The Federation of Commodity Associations
INSTITUTE STRIKES CLAUSES (COMMODITY TRADES) Agreed with The Federation of Commodity Associations RISKS COVERED 1 This insurance covers, except as provided in s 3 and 4 below, loss of or damage to the
More informationINSTITUTE FOSFA TRADES CLAUSES (A) Agreed with The Federation of Oils, Seeds and Fats Associations
INSTITUTE FOSFA TRADES CLAUSES (A) Agreed with The Federation of Oils, Seeds and Fats Associations RISKS COVERED 1 This insurance covers all risks of loss of or damage to the subject-matter insured except
More informationINTERNATIONAL CONVENTION ON CIVIL LIABILITY FOR BUNKER OIL POLLUTION DAMAGE, 2001
INTERNATIONAL CONVENTION ON CIVIL LIABILITY FOR BUNKER OIL POLLUTION DAMAGE, 2001 The States Parties to this Convention, RECALLING article 194 of the United Nations Convention on the Law of the Sea, 1982,
More informationP & I Clubs. Key Role In Maritime Industry. What are they? Cover
P & I Clubs What are they? Cover Key Role In Maritime Industry What are they? Mutual, Non profit Insurance Associations Insures particular marine risks Claims are funded by premium Mutuality share the
More informationFrequently Asked Questions. for US Certificates of Financial Responsibility (COFR) Guarantees
Frequently Asked Questions for US Certificates of Financial Responsibility (COFR) Guarantees 1. What is the Standard Club s position on US COFRs? US COFRs are required in respect of ship-sourced pollution
More informationTO ALL MEMBERS. 16 December Dear Sirs AMENDMENTS TO THE P&I, OFFSHORE AND DEFENCE RULES
TO ALL MEMBERS 16 December 2010 Dear Sirs AMENDMENTS TO THE P&I, OFFSHORE AND DEFENCE RULES This letter and attachments set out proposed amendments to the Association s P&I, Offshore and Defence rules
More informationINDEX. xxi INDEX : (2017) 23 JIML
INDEX : (2017) 23 JIML xxi INDEX Anti-competitive agreements extra-territorial application of EU law, 255 7 Arbitration book review, 67 73 choice of jurisdiction, 386 power to order sale of cargo, 241
More informationINSTITUTE CARGO CLAUSES (B)
These clauses are purely illustrative. Different policy conditions may be agreed. The specimen clauses are available to any interested person upon request. In particular: (a) in relation to any clause
More informationATHENS CONVENTION and TERRORISM
[International Group of P&I Clubs] ATHENS CONVENTION and TERRORISM Frequently Asked Questions (FAQs) The Secretariat of the International Group of P&I Clubs visited Brussels recently in order to explain
More informationCARGO CLAUSE WORDINGS
CARGO CLAUSE WORDINGS Kay International Plc 9-13 Fenchurch Buildings London EC3M 5HR www.kayint.co.uk Tel: +44207 553 8100 Fax: +44207 553 8130 TABLE OF CONTENTS A. INSTITUTE CARGO CLAUSES A DATED 1/1/09
More informationAN OVERVIEW OF THE HNS CONVENTION
Explanatory note AN OVERVIEW OF THE HNS CONVENTION 1 The need to monitor the implementation of the HNS Convention became an ongoing item in the agenda of the Legal Committee of the Organization. The Committee
More informationCharterers Liability insurance Terms and Conditions
Charterers Liability insurance Terms and Conditions This insurance is arranged by Transecure AB Sundsvall Sweden as underwriting agents to the underwriters Insurance Company of InterHannover Ltd, England
More informationPassenger ferries: % Cruise ships: % Other ships: %
Thomas Miller (Bermuda) Ltd Managers Canon s Court 22 Victoria Street Hamilton HM 1179 Bermuda www.hellenicwarrisks.com TO THE MEMBERS Our Ref: HWRB/C2/2016 28 November 2016 Dear Sirs RATES AND TERMS FOR
More informationAVIATION WAR, HI-JACKING AND OTHER PERILS EXCESS LIABILITY INSURANCE. and/or AIRLINES and as more fully set forth herein
h AVIATION WAR, HI-JACKING AND OTHER PERILS EXCESS LIABILITY INSURANCE. and/or AIRLINES and as more fully set forth herein POLICY NUMBER: PERIOD: FROM 1 DECEMBER, 2011 TO 30 NOVEMBER 2012 BOTH DAYS INCLUSIVE
More informationINSTITUTE STRIKES CLAUSES (FROZEN MEAT) (not suitable for chilled, cooled or fresh meat)
Marine INSTITUTE STRIKES CLAUSES (FROZEN MEAT) (not suitable for chilled, cooled or fresh meat) RISKS COVERED 1. This insurance covers, except as provided in s 3 and 4 below, loss of or damage to the subject-matter
More informationMain reasons for the changes introduced into the 1996 Convention by the 2010 Protocol
AN OVERVIEW OF THE INTERNATIONAL CONVENTION ON LIABILITY AND COMPENSATION FOR DAMAGE IN CONNECTION WITH THE CARRIAGE OF HAZARDOUS AND NOXIOUS SUBSTANCES BY SEA, 2010 (THE 2010 HNS CONVENTION) Explanatory
More informationUnderwriting Guides. Cover in Respect of Visitors to Vessels. Introduction. Who are visitors?
Cover in Respect of Visitors to Vessels Introduction Many different people may come and spend time on board an insured vessel either when it is moored or at anchor or in dry dock or during a sea passage.
More informationThe Shipowners Club. Yacht Liability Insurance
Yacht Liability Insurance Serious about yacht insurance Specialist insurer of liability risks to the owners, operators and managers of yachts worldwide For over 155 years, the Shipowners Club has provided
More information