1.
INSTITUTE VOYAGE CLAUSES (HULLS)
This insurance is subject to English law and practice
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 trail trips and to assist and tow vessels or craft in distress, but it is warranted that the Vessel shall not be towed, except as id 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 operation 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 additional premium required by them have been agreed.
2. CHANGE OF VOYAGE
Held covered in case of deviation or change of voyage or any breach of warranty as to
towage or salvage services, 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.
3. ASSIGNMENT
No assignment of or interest in this insurance or in any money which may be or become
payable thereunder is to be binding on or recognized 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.
4. PERILS
4.1 This insurance covers loss of or damage to the subject matter insured insured
caused by
4.1.1 perils of the seas rivers lakes or other navigable waters 4.1.2 fire, explosion
4.1.3 violent theft by persons from outside the Vessel 4.1.4 jettison 4.1.5 piracy
4.1.6 breakdown of or accident to nuclear installations or reactors
4.1.7 contact with aircraft or similar objects, or objects falling therefrom, land
conveyance, dock or harbour equipment or installation
4.1.8 earthquake volcanic eruption or lighting
4.2 This insurance covers loss of or damage to the subject-matter insured caused by 4.2.1 Accidents in loading or discharging or shifting cargo or fuel
4.2.2 Bursting of boilers breakage of shafts or any latent defect in the machinery or
hull
4.2.3 Negligence of Master Officers Crew or Pilots
4.2.4 Negligence of repairers or charterers provided such repairers or charterers are
not an Assured hereunder
4.2.5 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
4.3 Master Officers Crew or Pilots not to be considered Owners within the meaning of
this Clause 4 should they hold shares in the Vessel.
5. POLLUTION HAZARD
The 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 government 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 5 should they hold shares in the Vessel.
6. 3/4THS COLLISION LIABILITY
6.1 The Underwriters agree to indemnify the Assured for three-fourths 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
6.1.1 Loss of or damage to any other vessel or property on any other vessel 6.1.2 Delay to or loss of use of any such other vessel or property thereon
6.1.3 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
6.2 The indemnity provided by this Clause 6 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:
6.2.1 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 6 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.
6.2.2 In no case shall the Underwriters’ total liability under Clauses 6.1 and 6.2
exceed their proportionate part of three-fourths of the insured value of the vessel hereby insured in respect of any one collision.
6.3 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 the Underwriters
EXCLUSIONS
6.4 Provided always that this Clause 6 shall in no case extend to any sum which the
Assured shall pay for or in respect of
6.4.1 Removal or disposal of obstructions, wrecks, cargoes or any other thing
whatsoever
6.4.2 Any real or personal property or thing whatsoever except other vessels or
property on other vessels
6.4.3 The cargo or other property on, or the engagements of, the insured Vessel 6.4.4 Loss of life, personal injury or illness
6.4.5 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)
7. 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 properly 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 referred to a sole arbitrator to be agreed upon between the Underwriters and the Assured.
8. NOTICE OF CLAIM TENDERS
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 so that a surveyor may be appointed to represent the Underwriters should they so desire.
8.2 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.
8.3 The Underwriters may also take tenders or may require further tender 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 dispatch 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.
8.4 In the event of failure to comply with conditions of this Clause 8 a deduction of
15% shall be made from the amount of the ascertained claim.
9. GENERAL AVERAGE AND SALVAGE
9.1 This insurance covers the Vessel’s proportion of salvage, salvage charge and/or
general, reduced in respect of any under-insurance, but in case of general average sacrifice of the Vessel the Assured may receiver in respect of the whole loss without first enforcing their right of contribution from other parties.
9.2 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.
9.3 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 deeded to be terminated.
9.4 No claim under this Clause 9 shall in any case be allowed where the loss was not
incurred to avoid or in connection with avoidance of a peril insured against.
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 each separate accident or occurrence (including claims under Clauses 6.9 and 11) 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 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 11 arising from the same accident or occurrence.
10.2 Claims for damage by heavy weather occurring a single 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 dates when such payments were made, notwithstanding that by the addition of interest the Underwriters receive a larger sum that they have paid.
11. DUTY OF ASSURED (SUE AND LABOUT)
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 minimizing a loss which would be recoverable under this insurance.
11.2 Subject to the provisions below and to Clause 10 the Underwriters will contribute
to charges properly and reasonable incurred by the Assured their servants or agents for such measures. General average, salvage charges (except as provided for in Clause 11.5) and collision defense or attack costs are not recoverable under this Clause11.
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 considerered 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 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
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