THE NORDIC MARINE INSURANCE PLAN OF 2013, VERSION Main changes (cont d)

Similar documents
Anders W. Færden Attorney-at-law / admitted to the Supreme Court 26 and 27 February 2015

Contents. chapter 1 Introduction chapter 2 The sources of law chapter 3 The insurance contract... 36

Hull Insurance according to NMIP Dr. juris Andreas Meidell and Hugo Munthe-Kaas

LOH Development last 5 years How to interact with owners maker yard Resourses and communication surveyor - handler

The Nordic Marine Insurance Plan of 2013

Insurance conditions and reporting requirements. Surveyors day, 24 th October Sveinung Måkestad and Alf Inge Johannessen

General Average. NHC Marine Insurance Workshop

Insurance and premium conditions

Insurance and premium conditions 2013

The Nordic Marine Insurance Plan of 2013

Part four OTHER INSURANCES Chapter 17 Special rules for fishing vessels and small freighters, etc Section 1 Common provisions...

Part four OTHER INSURANCES Section 1 General provisions... 11

GLOBAL RISK GLOBAL COVERAGE. An introduction to The Nordic Marine Insurance Plan of 2013, Version 2016

Chapter 14 Separate insurances against total loss... 4

Marine insurance law. Overview

The Documentary Committee of The Japan Shipping Exchange, Inc. SALVAGE AGREEMENT. (No Cure No Pay)

West of England SERVICE IS OUR STRENGTH. General Average Seminar

Rules of Practice of the Association of Average Adjusters of Canada. Revised June 1993 Revised June 2002 RULES OF PRACTICE FOR THE GREAT LAKES

Placing the Insurance. Friday, September 23, 2016

TOTAL LOSSES. by Dr Nicholas G. Berketis. ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS, MSc in International Shipping, Finance and Management

Zurich Insurance. Zurich marine insurance solutions

DELAY IN START UP INSURANCE (MARINE)

SPECIFICATION E.C.B MARINE CONSEQUENTIAL LOSS INSURANCE (DELAY IN START-UP)

PARETO BANK. Investordag Nordic Challenger Banks. Second Quarter 2017

PARTICULAR AVERAGE CLAIMS

AMERICAN INSTITUTE OF MARINE UNDERWRITERS FOLLOWING FORM EXCESS MARINE LIABILITIES CLAUSES. To be attached to and form part of policy No.

Exam Spring 2009: Marine Insurance

Single Marine Cargo Insurance. Policy Wording

Amendments to Rules 2017

SCHEDULE. Marine Insurance Education Programme (content may be revised)

Mandatory Club Clauses 2018

Addendum Clauses referred to in Charterers Certificates of Entry or Endorsement Slips.

Maritime Knowledge Shipping Session

Part one Rules common to all types of insurance

Part one Rules common to all types of insurance

SCHEDULE. Nordic Marine Insurance Education Programme (content may be revised)

RULES OF PRACTICE OF THE ASSOCIATION OF AVERAGE ADJUSTERS OF THE UNITED STATES

Builder s Risks Insurance and Conversion Risks Insurance

Guide for mutual agreement procedure pursuant to tax treaties (MAP) Contents

Hull & Machinery Insurance 2017

INSTITUTE CARGO CLAUSES (B)

PORT AUTHORITY QUESTIONNAIRE

Some general comments on the student group, the course and the material

SHIP REPAIRER S LEGAL LIABILITY POLICY APPLICATION

General terms for deposits and payment services corporate company. Part C of the Account agreement:

NORWEGIAN MARINE INSURANCE PLAN OF 1996

INDEX. xxi INDEX : (2017) 23 JIML

Professor dr. juris Trine-Lise Wilhelmsen. The Nordic Marine Insurance Plan 2013 Version 2019, Cl. 2-8 and 2-9

Residence, Ordinary Residence and Domicile Click here to arrange a meeting or here for a telephone call.

Introduction to P&I The background, the rules and the wet stuff. - Part two- Nordisk Institutt for Sjørett Andreas Brachel Gard

General terms for deposits and payment services corporate company. Part C of the Account agreement:

P&I Circular. Part 2 Protection & Indemnity Insurance 2019/2020. No. 2641/2019. Gothenburg : 4 January 2019

Marine insurance law. Overview

CLAIM FORM PLEASE REPLY TO ALL QUESTIONS & COMPLETE THE DECLARATION ON PAGE 5

3Q and 9M 2011 Results Presentation

Sue and Labour. Asia Offshore Energy Conference Graeme Baird Kennedys, London. 22 September 2016

Term Sheet. ISIN: [ ] Solstad Offshore ASA Senior Unsecured Open Bond Issue 2014/2019 (the Bonds or the Bond Issue )

Notes to the Unaudited Condensed Consolidated Financial Statements

Single Marine Cargo. Policy Wording

E X C H A N G E R U L E S A N D C L E A R I N G R U L E S O F N A S D A Q D E R I V A T I V E S M A R K E T S

PORT REGULATIONS PORT OF OXELÖSUND

INCOME FROM INTERNATIONAL TRANSPORT: UPDATING OF THE COMMENTARY TO THE OECD MODEL TAX CONVENTION

Understanding Claims Handling Process & its Complexities

With you at all times. Marine Insurance

The Ship. Ship Finance

Sølvtrans Holding ASA Q Oslo, 7 November Roger Halsebakk, CEO Jon Kvalø, CFO

Sustainable Human Resource Development in logistics services for ASEAN Member States

CHUBB INSURANCE COMPANY OF EUROPE SE

IMO PROVISION OF FINANCIAL SECURITY

WC1H 0JL. Char te r e r s G ui de. The Charterer s Guide to Protection and Indemnity Insurance

PS ONLINEAUKTIONER AB GENERAL TERMS AND CONDITIONS FOR

The Underwriting of Yachts & Pleasure Crafts. Munich Re / Zaris Seminar, Beirut 18 th October 2005 Laurent Biehly with Capt.

SCOPE OF COMPENSATION FOR ENVIRONMENTAL DAMAGE UNDER THE 1992 CIVIL LIABILITY CONVENTION AND THE 1992 FUND CONVENTION

An Introduction to the Underwriting of Yachts & Pleasure Craft

NORTH RESIDENTIAL TRAINING COURSE 2018 POLLUTION. Catherine Doyle, Michelle Foster and Eamon Moloney

Introduction to P&I. The background, the rules and the wet stuff. -Part one- Nordisk Institutt for Sjørett Andreas Brachel Gard

Procedure for Suspension and Reinstatement or Withdrawal of Class in Case of Surveys, Conditions of Class or Recommendations Going Overdue

ANNEX II. Reservations for Future Measures. Schedule of Canada Explanatory Notes

(a) Port Dues for Vessels Loading/Discharging Cargo or Embarking/Disembarking Passengers or Engaged in Other Afloat Activities (Category 1)

New Standard Offshore P&I rules

INSTITUTE STRIKES CLAUSES (FROZEN FOOD) (Excluding Frozen Meat)

Holmetjern Invest AS Summary. FRN Senior Secured NOK 500,000,000 Bonds 2018/2022 NO Manager:

THE CHARTERED INSURANCE INSTITUTE. Read the instructions on page 3 carefully before answering any questions.

Notes to the Unaudited Condensed Consolidated Financial Statements

PARETO BANK. Financial Results. Fourth Quarter 2017

GLOBUS MARITIME LIMITED

25 April 2007 Siem Offshore Inc. (Oslo Stock Exchange: SIOFF) today reports results for the first quarter 2007.

Master Marine shall provide safe, efficient and comfortable accommodation to operators of offshore installations.

Finnish Marine. Conditions 2001 (FHC 2001)

REMEDYING ENVIRONMENTAL DAMAGE FROM WRECKS THE LIABILITY OF OWNERS AND SALVORS. Prof. emeritus Peter Wetterstein

Order on safety work in fishing vessels (Occupational health in ships) 1

General Average & Salvage Frequently Asked Questions

Denne melding til obligasjonseierne er kun utarbeidet på engelsk. For informasjon vennligst kontakt Nordic Trustee AS

Loan types and business terms Business customers

HULL / P&I COMMERCIAL VESSEL POLICY APPLICATION

INSTITUTE CARGO CLAUSES (A)

Det juridiske fakultet Universitetet i Oslo Side 1 av 5

Notice to Mariners No. 71

BIMCO SUPERMAN. Explanatory Notes for the Standard Contract for the Supervision of Vessel Construction

RISK MANAGEMENT RISK MANAGEMENT. Our risk monitoring structure

Transcription:

THE NORDIC MARINE INSURANCE PLAN OF 2013, VERSION 2019 Main changes (cont d) Oslo, 10 th October 2018

THE NORDIC MARINE INSURANCE PLAN OF 2013, VERSION 2019

CL. 2-3 AGREED INSURABLE VALUE New sub-clause 2: If there has been a significant change in the value of the interest insured due to changes in the circumstances which formed the basis of the parties agreement of the insurable value, either party may require that the agreed insurable value be changed by giving fourteen days notice.

CL. 2-3 AGREED INSURABLE VALUE Background: interest insured the assureds economic interest in the object the basis for the value of the interest might be current market value of the vessel / unit contractual arrangements for the vessel / unit outstanding loan agreements etc. 2016: If due to market fluctuations, the value of the interest insured has changed

CL. 4-5 COSTS IN CONNECTION WITH A CLAIM New sub-clauses 1 and 3: Upon the occurrence of a casualty that might give rise to a claim under the insurance, the insurer shall also pay the necessary costs of establishing whether any recoverable loss has occurred and the extent of the loss. If the assured has reasonable grounds for employing his own surveyor, the insurer is liable for necessary costs in this connection. The insurer shall also pay the costs of handling the claim and calculating the compensation.

CL. 4-5 COSTS IN CONNECTION WITH A CLAIM Background: 1. Clarify the extent of cover for factual investigations and damage surveys. when are costs covered by insurance? occurrence of a casualty survey costs vs repair costs root cause investigations 2. Assured s surveyor 3. Clearer legal basis for costs relating to handling and adjusting the claim

CHAPTER 4, SECTION 2 COSTS OF MEASURES TO AVERT OR MINIMISE THE LOSS, INCLUDING SALVAGE AWARDS AND GENERAL AVERAGE References in Cl. 4-8, sub-clause 3 (General Average absorption clause) and Cl. 4-11 (Assumed General Average) are amended from YAR 1994 to YAR 2016 Background: YAR 2016 (as opposed to YAR 2004) have generally got support from shipowners organizations & insurers, and the Plan is updated accordingly Corresponding amendments have been made in Cl. 16-1 and Cl. 18-43

CL. 4-10 DAMAGE TO AND LOSS OF THE OBJECT INSURED If the object insured has been damaged or lost as a result of a general average act, the assured has the right to claim compensation for such damage or loss in accordance with the rules relating to particular average, without first enforcing their right of contribution from other parties. Background: NB - Clause deals with GA loss/damage (i.e. sacrificial loss/damage) Previously the assured could only claim under Particular Average (PA) rules if that resulted in a more favourable outcome. Assured had to wait for GA adjustment, but could ask for payment on account. Hardly any good reason to treat sacrificial damage different from other damage, and in Version 2019 there is a right to claim under the P.A. rules (Chapter 12). Still a duty to secure the claim against other parties to the general average, and Cl. 5-16 fully applies.

CL 5-4. INTEREST ON THE COMPENSATION Amended sub-clause 3: The annual rate of interest is six month CIBOR, NIBOR or STIBOR + 2 percentage points for insurance contracts in which the sum insured is stated in Danish Kroner, Norwegian Kroner or Swedish Kronor respectively, and otherwise six month LIBOR + 2 percentage points, but minimum 2 percentage points. Interest is determined as at January 1 of the year the insurance contract comes into effect at the average rate for the last two months of the preceding year.

CL. 5-23 TIME-LIMIT FOR NOTIFICATION OF A CASUALTY The assured loses his right to claim compensation if notice of the casualty is not given to the insurer within six months of the assured, the master or the chief engineer of the ship becoming aware of it. Background: Previous wide identification felt to be unreasonable, hardly any good reason to adopt wider identification for the duty to notify about a casualty. Standard identification «test» (Cl. 3-36) now to be applied Knowledge/failure to notify by master and chief engineer not relevant anymore, only assured s knowledge is relevant.

CL. 10-2 OBJECTS, ETC. TEMPORARILY REMOVED FROM THE VESSEL The insurance also covers objects referred to in Cl. 10-1, sub-clause 1, which are temporarily removed from the vessel as part of its operation or on account of repairs, reconstruction or similar work, provided that the objects are intended to be put back on board before departure. In the case of objects sent ashore to be repaired, cover remains in place until 3 months after the repair has been completed

CL.10-2 OBJECTS, ETC. TEMPORARILY REMOVED FROM THE VESSEL Background: Starting point in Cl. 10-1: The insurance covers (inter alia) «equipment on board and spare parts for the vessel and its equipment Cl. 10-2 has extended cover to some degree and there has been cover for objects temporarily removed from the ship, provided the objects are intended to be put back on board before departure There has not been cover for parts ashore in other circumstances Standard H&M insurance not designed to be a storage insurance for any part put ashore, irrespective of cause or lenght of storage. More «remote» to ship and her trading Extension of cover is however now agreed in respect of objects sent ashore for repairs covered by the hull insurance, up to 3 months after completion of repairs

CL. 16-1 MAIN RULES REGARDING THE LIABILITY OF THE INSURER Amendments: Commentary to sub-clause 1: maintenance days substitute vessel Sub-clause 3 moved from 16-4 New sub-clause 4: Re-instatement clause

CL. 16-11 EXTRA COSTS INCURRED IN ORDER TO SAVE TIME Amendments to the Commentary: Clarify that costs incurred in connection with employing a substitute vessel are recoverable subject to the terms in Cl. 16-11 Allowance of extra tug costs if it is clear that such tug costs are extra for the assured due to the damage

CL. 16-14 REPAIRS CARRIED OUT AFTER EXPIRY OF THE INSURANCE PERIOD Amendments to the Commentary: the agreed daily amount shall apply for vessels having been continuously off-hire from before expiry of the policy period, even if the actual stay at a repair yard does not commence until after expiry

CHAPTER 17 INSURANCE FOR FISHING VESSELS Previous Chapter 17 now split into 3 chapters: Ch. 17: Insurance for fishing vessels, Ch. 20: Insurance for vessels with limited trading areas, Ch. 21: Liability insurance Background: Previous Chapter 17 have had limited support, especially outside Norway Considered to be «messy» and difficult to read New infrastructure split into 3 chapters No or limited material changes

CL. 18-31 APPORTIONMENT OF COMMON EXPENSES Editorial amendment to the Clause Amendments to the Commentary More common to have time based common expenses in the offshore segment: arrange for repairs offshore - vessels and equipment on time basis The wording provides a broader basis for apportionment of common expenses over time Otherwise adjusting practice as explained in Cl. 12-14 is still relevant

CL. 18-90 TOTAL LOSS Amendments: The provisions contained in Section 2-2 above shall apply. Cl. 18-10, sub-clauses 2 and 3, is replaced with the following: The assured may claim compensation for a total loss if casualty damage to the Project is so extensive that the costs of repairs amount to more than 100 % of the insurable value as per Cl. 18-88 or 80 % of the sum insured, whichever is the lower value.

Construction Operation Sum insured 80% Insured value

APPENDIX TO CL. 3-15 TRADING AREAS Conditional trading areas: Geographical references amended (to latitude & longitude) in 3. Gulf of St. Lawrence and St. Lawrence River, and corresponding reference introduced in 4. St. Lawrence Seaway and the North American Great Lakes (Map No. 3). Inconsistent date-references have been aligned with each other No material change intended. Maps are improved!

APPENDIX TO CL. 3-15 TRADING AREAS Conditional trading areas, East-Asian waters (Map No. 4) East-Asian waters north of 46 north latitude and south of 54 30' north latitude to the great circle line between N 46, E 151 and N 54 30, E 170 during the period from 1 November to 1 June, both days included.

APPENDIX TO CL. 3-15 TRADING AREAS Background - East-Asian waters (Map No. 4) There has been a natural cross-pacific trade in conditional area throughout the whole year Map illustration in previous Plan version:

APPENDIX TO CL 3-15. TRADING AREAS Extended ordinary trading area, East-Asian waters, map illustration in Version 2019

QUESTIONS OR COMMENTS? Thank you for your attention!