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Institute Time Clauses Hulls 1/11/95 Cl. 280 (ITC)
发布时间:2010-05-18
Institute Time Clauses Hulls 1/11/95 Cl. 280 (ITC)
 
(FOR USE ONLY WITH THE CURRENT MAR POLICY FORM)
This insurance is subject to English law and practice
 
1. 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 trial trips and to assist and tow vessels or craft in distress, but it is warranted that the Vessel shall
not be towed, except as is 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. This insurance shall not be prejudiced by reason of the Assured entering into any contract with pilots or for customary
towage which limits or exempts the liability of the pilots and/or tugs and/or towboats and/or their owners when the
Assured or their agents accept or are compelled to accept such contracts in accordance with established local law or
practice.
1.3. The practice of engaging helicopters for the transportation of personnel, supplies and equipment to and/or from the
Vessel shall not prejudice this insurance.
1.4. In the event of the Vessel being employed in the trading operations which entail cargo loading or discharging at sea from
or onto 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 previously notice that the Vessel is to be employed in such
operations has been given to the Underwriters and any amended terms of cover and any additional premium required by
them have been agreed.
1.5. In the event of the Vessel sailing (with or without cargo) with the intention of being (a) broken up, or (b) sold for
breaking up, any claim for loss of or damage to the Vessel occurring subsequent to such sailing shall be limited to the
market value of the Vessel as scrap at the time when the loss or damage is sustained, unless previous notice has been
given to the Underwriters and any amendments to the terms of cover, insured value and premium required by them have
been agreed. Nothing in this Clause 1.5. shall affect claims under Clauses 8 and/or 10.
2. Continuation.
Should the Vessel at the expiration of this insurance be at sea and in distress or missing, she shall, provided notice be given to
the Underwriters prior to the expiration of this insurance, be held covered until arrival at the next port in good safety, or if in
port and in distress until the Vessel is made safe, at a pro rata monthly premium.
3. Breach of Warranty.
Held covered in case of any breach of warranty as to cargo, trade, locality, towage, salvage services or date of sailing,
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.
4. Classification.
4.1. It is the duty of the Assured, Owners and Managers at the inception of and throughout the period of this insurance to
ensure that
4.1.1. the Vessel is classed with a Classification Society agreed by the underwriters and that her class within that Society is
maintained,
4.1.2. and recommendations requirements or restrictions imposed by the Vessel's Classification Society which relate to the
Vessel's seaworthiness or to her maintenance in a seaworthy condition are complied with by the dates required by that
Society.
4.2. In the event of any breach of duties set out in Clause 4.1. above, unless the Underwriters agree to the contrary in writing,
they will be discharged from their liability under this insurance as from the date of the breach provided that if the Vessel is at sea at such date the Underwriters' discharge from liability is deferred until arrival at her next port.
4.3. Any incident condition or damage in respect of which the Vessel's Classification Society might make recommendations
as to repairs or other action to be taken by the Assured, Owners or Managers must be promptly reported to the
Classification Society.
4.4. Should the Underwriters wish to approach the Classification Society directly for information and/or documents., the
Assured will provide the necessary authorisation.
5. Termination.
This Clause 5 shall prevail notwithstanding any provisions whether written typed or printed in this insurance inconsistent
therewith.
Unless the Underwriters agree to the contrary in writing, this insurance shall terminate automatically at the time of
5.1. change of the Classification Society of the Vessel, or change, suspension, discontinuance, withdrawal or expiry of her
Class therein, or any of the Classification Society's periodic surveys becoming overdue unless an extension of time for
such survey be agreed by the Classification Society, provided that if the Vessel is at sea such automatic termination shall
be deferred until arrival at her next port. However where such change, suspension, discontinuance or withdrawal of her
Class or where a periodic survey becoming overdue has resulted from loss or damage covered by Clause 6 of this
insurance or which would be covered b an insurance of the Vessel subject to current Institute War and Strikes Clauses
Hulls - Time such automatic termination shall only operate should the Vessel sail from her next port without the prior
approval of the Classification Society or in the case of a periodic survey becoming overdue without the Classification
Society having agreed an extension of time for such survey.
5.2. any change, voluntary or otherwise, in the ownership or flag, transfer to new management, or charter on a bareboat basis,
or requisition for title or use of the Vessel, provided that, if the Vessel has cargo on board and has already sailed from her
loading port or is at sea in ballast, such automatic termination shall if required be deferred, whilst the Vessel continues
her planned voyage, until arrival at final port of discharge if with cargo or at port of destination if in ballast. However, in
the event of requisition for title or use without the prior execution of a written agreement by the Assured, such automatic
termination shall occur fifteen days after such requisition whether the Vessel is at sea or in port.
A pro rata daily net return of premium shall be made provided that a total loss of the Vessel, whether by insured perils or
otherwise, has not occurred during the period covered by this insurance or any extension thereof.
6. Perils.
6.1. This insurance covers loss of or damage to the subject-matter insured caused by
6.1.1. perils of the sea rivers lakes or other navigable waters
6.1.2. fire, explosion
6.1.3. violent theft by persons from outside the Vessel
6.1.4. jettison
6.1.5. piracy
6.1.6. contact with land conveyance, dock or harbour equipment or installation
6.1.7. earthquake volcanic eruption or lightning
6.1.8. accident in loading discharging or shifting cargo or fuel
6.2. This insurance covers loss of or damage to the subject-matter insured caused by
6.2.1. bursting of boilers breakage of shafts or any latent defect in the machinery or hull
6.2.2. negligence of Master Crew or Pilots
6.2.3. negligence of repairers or charterers provided such repairers or charterers are not an Assured hereunder
6.2.4. barratry of Master Officers or Crew
6.2.5. contact with aircraft, helicopters or similar objects, or objects falling therefrom
provided that such loss or damage has not resulted from want of due diligence by the Assured, Owners, Managers or
Superintendents or any of their onshore management.
6.3. Master Officers Crew or Pilots not to be considered Owners within the meaning of this Clause 6 should they hold shares
in the Vessel.
7. Pollution Hazard.
This 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 damage to the environment, or threat thereof, resulting directly from damage
to the Vessel for which the Underwriters are liable under this insurance, provided that such act of governmental authority has
not resulted from want of due diligence by the Assured, Owners or Managers to prevent or mitigate such hazard or damage,
or threat thereof. Master Officers Crew or Pilots not to be considered Owners within the meaning of this Clause 7 should they hold shares in the Vessel.
8. 3/4th Collision Liability.
8.1. The Underwriters agree to indemnify the Assured for three-fourth of 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
8.1.1. loss of or damage to any other vessel or property on any other vessel
8.1.2. delay to or loss of use of any such other vessel or property thereon
8.1.3. 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.
8.2. The indemnity provided by this Clause 8 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:
8.2.1. 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 8 shall be calculated on the principle of
cross-liabilities as if the respective Owners had been compelled to pay to each other such proportions of each other's
damages as may have been properly allowed in ascertaining the balance of sum payable by or to the Assured in
consequence of the collision,
8.2.2. in no case shall the Underwriters' total liability under Clauses 8.1. and 8.2. exceed their proportionate part of
three-fourths of the insured value of the Vessel hereby insured in respect of any one collision.
8.3. 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 of the
Underwriters.
Exclusions
8.4. Provided always that this Clause 8 shall in no case extend to any sum which the Assured shall pay for or in respect of
8.4.1. removal or disposal of obstructions, wrecks, cargoes or any other thing whatsoever;
8.4.2. any real or personal property or thing whatsoever except other vessels or property on other vessels
8.4.3. the cargo or other property on, or the engagements of, the insured Vessel;
8.4.4. loss of life, personal injury or illness;
8.4.5. pollution or contamination, or threat thereof, 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) or damage to the environment, or threat
thereof, save that this exclusion shall not extend to any sum which the Assured shall pay for or in respect of any salvage
remuneration in which the skill and efforts of the salvors in preventing or minimising damage to the environment as is
referred to Article 13 paragraph 1 (b) of the International Convention on Salvage, 1989 have been taken into account.
9. 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 property 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 be referred to a sole arbitrator to be
agreed upon between the Underwriters and the Assured.
10. General Average and Salvage
10.1. This insurance covers the Vessel's proportion of salvage, salvage charges and/or general average, reduced in respect of
any under-insurance, but in case of any general average sacrifice of the Vessel the Assured may recover in respect of the
whole loss without first enforcing their right of contribution from other parties.
10.2. Adjustment to be according to the law and practice at the place where 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.
10.3. When the Vessel sails in ballast, not under charter, the provisions of the York-Antwerp Rules, 1994 (excluding Rules
XId), 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 deemed terminated.
10.4. No claim under this Clause 10 shall in any case be allowed where the loss was not incurred to avoid or in connection
with the avoidance of a peril insured against.
10.5. No claim under this Clause 10 shall in any case be allowed for or in respect of
10.5.1. special compensation payable to a salvor under Article 14 of the International Convention on Salvage, 1989 or under
any other provision in any statute, rule, law or contract which is similar in substance;
10.5.2. expenses or liabilities incurred in respect of damage to environment, or the threat such damage, or as a consequence of escape or release of pollutant substances from the Vessel, or the threat of such escape or release.
10.6. Clause 10.5. shall not however exclude any sum which the Assured shall pay to salvors for or in respect of salvage
remuneration in which the skill and efforts of the salvors in preventing or minimising damage to the environment as is
referred to in Article 13 paragraph 1 (b) of the International Convention on Salvage, 1989 have been taken into account.
11. Duties of Assured (Sue & Labour)
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 minimising a loss which would be recoverable under this insurance.
11.2. Subject to the provisions below and to Clause 12 the Underwriters will contribute to charges properly and reasonably
incurred by the Assured their servants or agents for such measures. General average, salvage charges (except as provided
for in Clause 11.5.), special compensation and expenses as referred to in Clause 10.5. and collision defence and attack
costs are not recoverable under this Clause 11.
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 considered 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 to 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 the
excess of the proceeds. As the case may be, as may reasonably be regarded as having been incurred in respect of the
Vessel, excluding all special compensation and expenses as referred to in Clause 10.5.; 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 the proportion to the under-insurance.
11.6. The sum recoverable under this Clause 11 shall be in addition to the loss otherwise recoverable under this insurance but
shall in no circumstances exceed the amount insured under this insurance in respect of the Vessel.
12. Deductible
12.1. No claim arising from a peril insured against shall be payable under this insurance unless the aggregate of all such
claims arising out of each separate accident or occurrence (including claims under Clause 8, 10 and 11) exceeds the
deductible amount agreed 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 12 shall not apply to a claim for total loss or constructive 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.
12.2. Claims for damage by heavy weather occurring during a single sea 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 12.2. shall be
deemed to include contact with floating ice.
12.3. 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.
12.4. Interest comprised in recoveries shall be apportioned between the Assured and the Underwriters, taking into account the
sums paid by the Underwriters and the dates when such payments were made, notwithstanding that by the addition of
interest the Underwriters may receive a larger sum than they have paid.
13. Notice of Claim and Tenders
13.1. In the event of accident whereby loss or damage may result in a claim under this insurance, notice must be given to the
Underwriters promptly after the date on which the Assured, Owners or Managers become or should have become aware
of the loss or damage and prior to survey so that a surveyor may be appointed if the Underwriters so desire.
If notice is not given to the Underwriters within twelve months of that date unless the Underwriters agree to the contrary
in writing, the Underwriters will be automatically discharged from liability for any claim under this insurance in respect of or
arising out of such accident or the loss or damage.
13.2. 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.
13.3. The Underwriters may also take tenders or may require further tenders 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 the time lost between despatch of the invitations to tender required
by the Underwriters and the acceptance of a tender to the extent that such time is lost solely as a 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 store 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.
13.4. In the event of failure by the Assured to comply with the conditions of Clauses 13.2. and/or 13.3. a deduction of 15%
shall be made from the amount of the ascertained claim.
14. New for Old
Claims payable without deduction new for old.
15. Bottom Treatment
In no case shall a claim be allowed in respect of scraping gritblasting and /or other surface preparation or painting of the
Vessel's bottom except that
15.1. gritblasting and/or other surface preparation of new bottom plates ashore and supplying and applying any "shop" primer
thereto,
15.2. gritblasting and/or other surface preparation of:
the butts or area of plating immediately adjacent to any renewed or refitted plating damaged during the course of
welding and/or repairs,areas of plating damaged during the course of fairing, either in place or ashore,
15.3. supplying and applying the first coat of primer/anti-corrosive to those particular areas mentioned in 15.1. and 15.2.
above, shall be allowed as part of the reasonable cost of repairs in respect of bottom plating damaged by an insured peril.
16. Wages and Maintenance
No claim shall be allowed, other than in general average, for wages and maintenance of the Master Officers and Crew or any
member thereof, except when incurred solely for the necessary removal of the Vessel from one port to another for the repair
of damage covered by the Underwriters, or for trial trips for such repairs, and then only for such wages and maintenance as
are incurred whilst the Vessel is under way.
17. Agency Commission
In no case shall any sum be allowed under this insurance either by way of remuneration of the Assured for time and trouble
taken to obtain and supply information or documents or in respect of the commission or charges of any manager, agent,
managing or agency company or the like, appointed by or on behalf of the Assured to perform such services.
18. Unrepaired Damage
18.1. The measure of indemnity in respect of claims for unrepaired damage shall be reasonable depreciation in the market
value of the Vessel at the time this insurance terminates arising from such unrepaired damage, but not exceeding the
reasonable cost of repairs.
18.2. In no case shall the Underwriters be liable for the unrepaired damage in the event of a subsequent total loss (whether or
not covered under this insurance) sustained during the period covered by this insurance or any extension thereof.
18..3. The Underwriters shall not be liable in respect of the unrepaired damage for more than the insured value at the time this
insurance terminates.
19. Constructive Total Loss
19.1. In ascertaining whether the vessel is a constructive total loss, the insured value shall be taken as the repaired value and
nothing in respect of the damage or break-up value of the Vessel or wreck shall be taken into account.
19.2. No claim for constructive total loss based upon the cost of recovery and/or repair of the Vessel shall be recoverable
hereunder unless such cost would exceed the insured value. In making this determination, only the cost relating to a single accident or sequence of damages arising from the same accident shall be taken into account.
20. Freight Waiver
In the event of total or constructive loss no claim to be made by the Underwriters for freight whether notice of abandonment
has been given or not.
21. Assignment
No assignment of or interest in this insurance or in any moneys which may be or become payable thereunder is to be binding
on or recognised 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.
22. Disbursements Warranty
22.1. Additional insurances as follows are permitted:
22.1.1. Disbursements, Managers' Commissions, Profits or Excess or Increased Value of Hull and Machinery. A sum not
exceeding 25% of the value stated herein.
22.1.2. Freight, Chartered Freight or Anticipated Freight, insured for time. A sum not exceeding 25 % of the value stated
herein less any sum insured, however described, under 22.1.1.
22.1.3. Freight or Hire, under contract for voyage. A sum not exceeding the gross freight or hire for the current cargo passage
and next succeeding cargo passage (such insurance to include, if required, a preliminary and intermediate ballast
passage)
plus the charges of insurance. In the case of a voyage charter where payment is made on a time basis, the sum permitted
for insurance shall be calculated on the estimated duration of the voyage, subject to the limitation of two cargo passages
as laid down herein. Any sum insured under 22.1.2. to be taken into account and only the excess thereof may be insured,
which excess shall be the gross amount so advanced or earned.
22.1.4. Anticipated Freight if the Vessel sails in ballast and not under Charter. A sum not exceeding the anticipated gross
freight on next cargo passage, such sum to be reasonably estimated on the basis of the current rate of freight at time of
insurance plus the charges of insurance. Any sum insured under 22.1.2. to be taken into account and only the excess
thereof may be insured.
22.1.5. Time Charter Hire or Charter Hire for Series of Voyages. A sum not exceeding 50% of the gross hire which is to be
earned under the charter not exceeding 18 months. Any sum insured under 22.1.2. to be taken into account and only the
excess thereof may be insured, which excess shall be reduced as the hire is advanced or earned under the charter by 50%
of the gross amount so advanced or earned but the sum insured need not be reduced while the total of the sums insured
under 22.1.2. and 22.1.5. does not exceed 50% of the gross hire still to be earned under the charter. An insurance under
this Section may begin on the signing of the Charter.
22.1.6. Premiums. A sum not exceeding the actual premiums of all interests insured for a period not exceeding 12 months
(excluding premiums insured under the foregoing sections, but including, if required, the premiums or estimated calls on
any Club or War etc. Risk insurance) reducing pro rata monthly.
22.1.7. Returns of Premium. A sum not exceeding the actual returns which are allowable under any insurance but which
would not be recoverable thereunder in the event of a total loss of the Vessel whether by insured perils or otherwise.
22.1.8. Insurance irrespective of amount against:
Any risk excluded by Clauses 24, 25, 26 and 27 below.
22.2. Warranted that no insurance on any interests enumerated in the foregoing 22.1.1. to 22.1.7. in the excess of the amounts
permitted therein and no other insurance which includes the total loss of the Vessel P.P.I., F.I.A. or subject to any other
like term, is or shall be effected to operate during the currency of this insurance by or for account of the Assured,
Owners, Managers or Mortgagees. Provided always that a breach of this warranty shall not afford the Underwriters any
defence to a claim by a Mortgagee who has accepted this insurance without knowledge of such breach.
23. Returns for Lay-up and Cancellation
23.1. To returns as follows:
23.1.1. pro rata net for each uncommenced month if this insurance be cancelled by agreement,
23.1.2. for each period of 30 consecutive days the Vessel may be laid up in a port or in a lay-up area provided such port or
lay-up area is approved by the Underwriters
(a) .............................................. per cent net not under repair
(b) ............................................. per cent net under repair.
23.1.3. The Vessel shall not be considered to be under repair when work is undertaken in respect of ordinary wear and tear of
the Vessel and/or following recommendations in the Vessel's Classification Society survey, but any repairs following
loss of or damage to the Vessel or involving structural alterations, whether covered by this insurance or otherwise shall be considered as under repair.
23.1.4. If the Vessel is under repair during part only of a period for which a return is claimable, the return shall be calculated
pro rata to the number of days under 23.1.2. (a) and (b) respectively.
23.2. PROVIDED ALWAYS THAT
23.2.1. a total loss of the Vessel, whether by insured perils or otherwise, has not occurred during the period covered by this
insurance or any extent thereof;
23.2.2. in no case shall a return be allowed when the Vessel is lying in exposed or unprotected waters, or in a port or lay-up
area not approved by the Underwriters;
23.2.3. loading or discharging operations or the presence of cargo on board shall not debar returns but no return shall be
allowed for any period during which the Vessel is being used for the storage of cargo or for lightering purposes;
23.2.4. in the event of any amendment of the annual rate, the above rates of returns shall be adjusted accordingly;
23.2.5. in the event of any return recoverable under this Clause 23 being based on 30 consecutive days which fall on
successive insurances effected for the same Assured, this insurance shall only be liable for an amount calculated at pro
rata of the period rates 23.1.2. (a) and or (b) above for the number of days which come within the period of this
insurance and to which a return is actually applicable. Such overlapping period shall run, at the option of the Assured,
either from the first day of a period of 30 consecutive days as provided under 23.1.2. (a) or (b) above.
The following clauses shall be paramount and shall override anything contained in this insurance inconsistent therewith.
24. War Exclusion
In no case shall this insurance cover loss damage liability or expense caused by
24.1. war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile act by or against a
belligerent power
24.2 capture seizure arrest restrain or detainment (barratry and piracy excepted), and the consequences thereof or any attempt
thereat
24.3. derelict mines torpedoes bombs or other derelict weapons of war.
25. Strikes Exclusion
In no case shall this insurance cover loss damage liability or expense caused by
25.1. strikers, locked-out workmen, or persons taking part in labour disturbances, riots or civil commotions
25.2. any terrorist or any person acting from a political motive
26. Malicious Acts Exclusion
In no case shall this insurance cover loss damage liability or expense caused by
26.1 the detonation of an explosive
26.2. any weapon of war
and caused by any person acting maliciously or from a political motive.
27. Radioactive Contamination Exclusion Clause
In no case shall this insurance cover loss damage liability or expense directly or indirectly caused by or contributed to by or
arising from
27.1. ionising radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the
combustion of nuclear fuel
27.2. the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or
other nuclear assembly or nuclear component thereof
27.3 any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or
matter.
CL 280
 
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American Institute Hull Clauses 7
(June 2, 1977)
To be attached to and form a part of Policy No
of the
The terms and conditions of the following clauses are to be regarded as substituted for those of the policy form to which they are attached, the latter being hereby waived, except provisions required by law to be inserted in the Policy. All captions are inserted only for purposes of reference and shall not be used to interpret the clauses to which they apply.
ASSURED
This Policy insures
hereinafter referred to as the Assured.
 
If claim is made under this Policy by anyone other than the Owner of the Vessel, such person shall not be entitled to recover to a greater extent than would the Owner, had claim been made by the Owner as an Assured named in this Policy.
 
Underwriters waive any right of subrogation against affiliated, subsidiary or interrelated companies of the Assured, provided that such waiver shall not apply in the event of a collision between the Vessel and any vessel owned, demise chartered or otherwise controlled by any of the aforesaid com- panies, or with respect to any loss, damage or expense against which such companies are insured.
 
LOSS PAYEE
Loss, if any, payable to
or order.
Provided, however, Underwriters shall pay claims to others as set forth in the Collision Liability clause and may make direct payment to persons providing security for the release of the Vessel in Salvage cases.
 
VESSEL
The Subject Matter of this insurance is the Vessel called the
or by whatsoever name or names the said Vessel is or shall be called, which for purposes of this insurance shall consist of and be limited to her hull, launches, lifeboats, rafts, furniture, bunkers, stores, supplies, tackle, fittings, equipment, apparatus, machinery, boilers, refrigerating machinery, insula- tion, motor generators and other electrical machinery.
In the event any equipment or apparatus not owned by the Assured is installed for use on board the Vessel and the Assured has assumed respon- sibility therefore, it shall also be considered part of the Subject Matter and the aggregate value thereof shall be included in the Agreed Value.
Notwithstanding the foregoing, cargo containers, barges and lighters shall not be considered a part of the Subject Matter of this insurance.
 
DURATION OF RISK
From the day of 19 , time
to the day of 19 , time.
Should the Vessel at the expiration of this Policy be at sea, or in distress, or at a port of refuge or of call, she shall, provided previous notice be given to the Underwriters, be held covered at a pro rata monthly premium to her port of destination.
In the event of payment by the Underwriters for Total Loss of the Vessel this Policy shall thereupon automatically terminate.
 
AGREED VALUE
The Vessel, for so much as concerns the Assured, by agreement between the Assured and the Underwriters in this Policy, is and shall be valued at Dollars.
 
AMOUNT INSURED HEREUNDER
Dollars.
 
DEDUCTIBLE
Notwithstanding anything in this Policy to the contrary, there shall be deducted from the aggregate of all claims (including claims under the Sue and Labor clause and claims under the Collision Liability clause) arising out of each separate accident, the sum of $ , unless the accident results in a Total Loss of the Vessel in which case this clause shall not apply. A recovery from other interests, however, shall not operate to exclude claims under this Policy provided the aggregate of such claims arising out of one separate accident if unreduced by such recovery exceeds that sum. For the purpose of this clause each accident shall be treated separately, but it is agreed that (a) a sequence of damages arising from the same acci- dent shall be treated as due to that accident and (b) all heavy weather damage, or damage caused by contact with floating ice, which occurs during a single sea passage between two successive ports shall be treated as though due to one accident.
 
PREMIUM
The Underwriters to be paid in consideration of this insurance
Dollars being at the annual rate of per cent, which premium shall be due on attachment. If the Vessel is insured under this Policy for a period of less than one year at pro rata of the annual rate, full annual premium shall be considered earned and immedi- ately due and payable in the event of Total Loss of the Vessel.
 
RETURNS OF PREMIUM
Premium returnable as follows:
Pro rata daily net in the event of termination under the Change of Ownership clause;
Pro rata monthly net for each uncommenced month if it be mutually agreed to cancel this Policy;
For each period of 30 consecutive days the Vessel may be laid up in port for account of the Assured,
cents per cent. net not under repair, or
cents per cent. net under repair;
provided always that:
 
(a) a Total Loss of the Vessel has not occurred during the currency of this Policy;
(b) in no case shall a return for lay-up be allowed when the Vessel is lying in exposed or unprotected waters or in any location not approved by the Underwriters;
(c) in the event of any amendment of the annual rate, the above rates of return shall be adjusted accordingly;
(d) in no case shall a return be allowed when the Vessel is used as a storage ship or for lighting purposes.
If the Vessel is laid up for a period of 30 consecutive days, a part only of which attaches under this Policy, the Underwriters shall pay such pro- portion of the return due in respect of a full period of 30 days as the number of days attaching hereto bears to 30. Should the lay-up period exceed 30 consecutive days, the Assured shall have the option to elect the period of 30 consecutive days for which a return is recoverable.
 
NON-PAYMENT OF PREMIUM
In event of non-payment of premium 30 days after attachment, or of any additional premium when due, this Policy may be cancelled by the Under- writers upon 10 days written or telegraphic notice sent to the Assured at his last known address or in care of the broker who negotiated this Policy. Such proportion of the premium, however, as shall have been earned up to the time of cancellation shall be payable. In the event of Total Loss of the Vessel occurring prior to any cancellation or termination of this Policy full annual premium shall be considered earned.
 
ADVENTURE
Beginning the adventure upon the Vessel, as above, and so shall continue and endure during the period aforesaid, as employment may offer, in port or at sea, in docks and graving docks, and on ways, gridirons and pontoons, at all times, in all places, and on all occasions, services and trades; with leave to sail or navigate with or without pilots, to go on trial trips and to assist and tow vessels or craft in distress, but the Vessel may not be towed, except as is customary or when in need of assistance, nor shall the Vessel render assistance or undertake towage or salvage services under contract previously arranged by the Assured, the Owners, the Managers or the Charterers of the Vessel, nor shall the Vessel, in the course of trading operations, engage in loading or discharging cargo at sea, from or into another vessel other than a barge, lighter or similar craft used principally in harbors or inland waters. The phrase “engage in loading or discharging cargo at sea” shall include while approaching, leaving or alongside, or while another vessel is approaching, leaving or alongside the Vessel.
The Vessel is held covered in case of any breach of conditions as to cargo, trade, locality, towage or salvage activities, or date of sailing, or loading or discharging cargo at sea, provided (a) notice is given to the Underwriters immediately following receipt of knowledge thereof by the Assured, and (b) any amended terms of cover and any additional premium required by the Underwriters are agreed to by the Assured.
 
PERILS
Touching the Adventures and Perils which the Underwriters are contented to bear and take upon themselves, they are of the Seas, Men-of-War, Fire, Lightning, Earthquake, Enemies, Pirates, Rovers, Assailing Thieves, Jettisons, Letters of Mart and Counter-Mart, Surprisals, Takings at Sea, Arrests, Re- straints and Detainments of all Kings, Princes and Peoples, of what nation, condition or quality soever, Barratry of the Master and Mariners and of all other like Perils, Losses and Misfortunes that have or shall come to the Hurt, Detriment or Damage of the Vessel, or any part thereof, excepting, how- ever, such of the foregoing per, ils as may be excluded by provisions elsewhere in the Policy or by endorsement thereon.
 
ADDITIONAL PERILS (INCHAMAREE)
Subject to the conditions of this Policy, this insurance also covers loss of or damage to the Vessel directly caused by the following:
Accidents in loading, discharging or handling cargo, or in bunkering;
Accidents in going on or off, or while on drydocks, graving docks, ways, gridirons or pontoons;
Explosions on shipboard or elsewhere;
Breakdown of motor generators or other electrical machinery and electrical connections thereto, bursting of boilers, breakage of shafts, or any latent defect in the machinery or hull, (excluding the cost and expense of replacing or repairing the defective part);
Breakdown of or accidents to nuclear installations or reactors not on board the insured Vessel;
Contact with aircraft, rockets or similar missiles, or with any land conveyance;
Negligence of Charterers and/or Repairers, provided such Charterers and/or Repairers are not an Assured hereunder;
Negligence of Masters, Officers, Crew or Pilots;
provided such loss or damage has not resulted from want of due diligence by the Assured, the Owners or Managers of the Vessel, or any of them. Masters, Officers, Crew or Pilots are not to be considered Owners within the meaning of this clause should they hold shares in the Vessel.
 
DELIBERATE DAMAGE (POLLUTION HAZARD)
Subject to the conditions of this Policy, this insurance also covers loss of or damage to the Vessel directly caused by governmental authorities acting for the public welfare 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 Policy, provided such act of governmental authorities 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. Masters, Officers, Crew or Pilots are not to be considered Owners within the meaning of this clause should they hold shares in the Vessel.
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88
89
90
91
CLAIMS (GENERAL PROVISIONS)
In the event of any accident or occurrence which could give rise to a claim under this Policy, prompt notice thereof shall be given to the Under- writers, and:
(a) where practicable, the Underwriters shall be advised prior to survey, so that they may appoint their own surveyor, if they so desire;
(b) the Underwriters shall be entitled to decide where the Vessel shall proceed for docking and/or repair (allowance to be made to the Assured for the actual additional expense of the voyage arising from compliance with the Underwriters’ requirement);
(c) the Underwriters shall have the right of veto in connection with any repair firm proposed;
(d) the Underwriters may take tenders, or may require in writing that tenders be taken for the repair of the Vessel, in which event, upon acceptance of a tender with the approval of the Underwriters, an allowance shall be made at the rate of 30 per cent. per annum on the amount insured, for each day or pro rata for part of a day, for time lost between the issuance of invitations to tender 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 the tender is accepted without delay after receipt of the Underwriters’ approval.
Due credit shall be given against the allowances in (b) and (d) above for any amount recovered:
1. in respect of fuel, stores, and wages and maintenance of the Master, Officers or Crew allowed in General or Particular Average;
2. from third parties in respect of damages for detention and/or loss of profit and/or running expenses;
for the period covered by the allowances or any part thereof.
No claim shall be allowed in Particular Average for wages and maintenance of the Master, Officers or Crew, except when incurred solely for the necessary removal of the Vessel from one port to another for average repairs or for trial trips to test average repairs, in which cases wages and mainte- nance will be allowed only while the Vessel is under way. This exclusion shall not apply to overtime or similar extraordinary payments to the Master, Officers or Crew incurred in shifting the Vessel for tank cleaning or repairs or while specifically engaged in these activities, either in port or at sea.
 
General and Particular Average shall be payable without deduction, new for old.
111
The expense of sighting the bottom after stranding shall be paid, if reasonably incurred especially for that purpose, even if no damage be found.
No claim shall in any case be allowed in respect of scraping or painting the Vessel’s bottom.
In the event of loss or damage to equipment or apparatus not owned by the Assured but installed for use on board the Vessel and for which the Assured has assumed responsibility, claim shall not exceed (1) the amount the Underwriters would pay if the Assured were owner of such equipment or apparatus, or (2) the contractual responsibility assumed by the Assured to the owners or lessors thereof, whichever shall be less.
No claim for unrepaired damages shall be allowed, except to the extent that the aggregate damage caused by perils insured against during the period of the Policy and left unrepaired at the expiration of the Policy shall be demonstrated by the Assured to have diminished the actual market value of the Vessel on that date if undamaged by such perils.
 
GENERAL AVERAGE AND SALVAGE
General Average and Salvage shall be payable as provided in the contract of affreightment, or failing such provision or there be no contract of affreightment, payable at the Assured’s election either in accordance with York-Antwerp Rules 1950 or 1974 or with the Laws and Usages of the Port of New York. Provided always that when an adjustment according to the laws and usages of the port of destination is properly demanded by the owners of the cargo, General Average shall be paid accordingly.
In the event of salvage, towage or other assistance being rendered to the Vessel by any vessel belonging in part or in whole to the same Owners or Charterers, the value of such services (without regard to the common ownership or control of the vessels) shall be ascertained by arbitration in the man- ner provided for under the Collision Liability clause in this Policy, and the amount so awarded so far as applicable to the interest hereby insured shall constitute a charge under this Policy.
When the contributory value of the Vessel is greater than the Agreed Value herein, the liability of the Underwriters for General Average contribution (except in respect to amounts made good to the Vessel), or Salvage, shall not exceed that proportion of the total contribution due from the Vessel which the amount insured hereunder bears to the contributory value, and if, because of damage for which the Underwriters are liable as Particular Average, the value of the Vessel has been reduced for the purpose of contribution, the amount of such Particular Average damage recoverable under this Policy shall first be deducted from the amount insured hereunder, and the Underwriters shall then be liable only for the proportion which such net amount bears to the contributory value.
 
TOTAL LOSS
In ascertaining whether the Vessel is a constructive Total Loss the Agreed Value shall be taken as the repaired value and nothing in respect of the damaged or break-up value of the Vessel or wreck shall be taken into account.
There shall be no recovery for a constructive Total Loss hereunder unless the expense of recovering and repairing the Vessel would exceed the Agreed Value. In making this determination, only expenses incurred or to be incurred by reason of a single accident or a sequence of damages arising from the same accident shall be taken into account, but expenses incurred prior to tender of abandonment shall not be considered if such are to be claimed separately under the Sue and Labor clause.
In the event of Total Loss (actual or constructive), no claim to be made by the Underwriters for freight, whether notice of abandonment has been given or not.
In no case shall the Underwriters be liable for unrepaired damage in addition to a subsequent Total Loss sustained during the period covered by this Policy.
 
SUE AND LABOR
And in case of any Loss or Misfortune, it shall be lawful and necessary for the Assured, their Factors, Servants and Assigns, to sue, labor and travel for, in and about the defense, safeguard and recovery of the Vessel, or any part thereof, without prejudice to this insurance, to the charges whereof the Underwriters will contribute their proportion as provided below. And it is expressly declared and agreed that no acts of the Underwriters or Assured in recovering, saving or preserving the Vessel shall be considered as a waiver or acceptance of abandonment.
In the event of expenditure under the Sue and Labor clause, the Underwriters shall pay the proportion of such expenses that the amount insured hereunder bears to the Agreed Value, or that the amount insured hereunder (less loss and/or damage payable under this Policy) bears to the actual value of the salved property, whichever proportion shall be less; provided always that their liability for such expenses shall not exceed their proportionate part of the Agreed Value.
If claim for Total Loss is admitted under this Policy and sue and labor expenses have been reasonably incurred in excess of any proceeds realized or value recovered, the amount payable under this Policy will be the proportion of such excess that the amount insured hereunder (without deduction for loss or damage) bears to the Agreed Value or to the sound value of the Vessel at the time of the accident, whichever value was greater; provided always that Underwriters’ liability for such expenses shall not exceed their proportionate part of the Agreed Value. The foregoing shall also apply to expenses reasonably incurred in salving or attempting to salve the Vessel and other property to the extent that such expenses shall be regarded as having been incurred in respect of the Vessel.
 
COLLISION LIABILITY
And it is further agreed that:
(a) if the Vessel shall come into collision with any other ship or vessel, and the Assured or the Surety in consequence of the Vessel being at fault shall become liable to pay and shall pay by way of damages to any other person or persons any sum or sums in respect of such collision, the Underwriters will pay the Assured or the Surety, whichever shall have paid, such proportion of such sum or sums so paid as their respective sub- scriptions hereto bear to the Agreed Value, provided always that their liability in respect to any one such collision shall not exceed their propor- tionate part of the Agreed Value;
(b) in cases where, with the consent in writing of a majority (in amount) of Hull Underwriters, the liability of the Vessel has been contested, or pro- ceedings have been taken to limit liability, the Underwriters will also pay a like proportion of the costs which the Assured shall thereby incur or be compelled to pay.
When both vessels are to blame, then, unless the liability of the owners or charterers of one or both such vessels becomes limited by law, claims under the Collision Liability clause shall be settled on the principle of Cross-Liabilities as if the owners or charterers of each vessel had been compelled to pay to the owners or charterers of the other of such vessels such one-half or other proportion of the latter’s damages as may have been properly allowed in ascertaining the balance or sum payable by or to the Assured in consequence of such collision.
The principles involved in this clause shall apply to the case where both vessels are the property, in part or in whole, of the same owners or chart- erers, all questions of responsibility and amount of liability as between the two vessels being left to the decision of a single Arbitrator, if the parties can agree upon a single Arbitrator, or failing such agreement, to the decision of Arbitrators, one to be appointed by the Assured and one to be appointed by the majority (in amount) of Hull Underwriters interested; the two Arbitrators chosen to choose a third Arbitrator before entering upon the reference, and the decision of such single Arbitrator, or of any two of such three Arbitrators, appointed as above, to be final and binding.
Provided always that this clause shall in no case extend to any sum which the Assured or the Surety may become liable to pay or shall pay in cones- quence of, or with respect to:
(a) removal or disposal of obstructions, wrecks or their cargoes under statutory powers or otherwise pursuant to law;
(b) injury to real or personal property of every description;
(c) the discharge, spillage, emission or leakage of oil, petroleum products, chemicals or other substances of any kind or description whatsoever;
(d) cargo or other property on or the engagements of the Vessel;
(e) loss of life, personal injury or illness.
Provided further that exclusions (b) and (c) above shall not apply to injury to other vessels or property thereon except to the extent that such injury arises out of any action taken to avoid, minimize or remove any discharge, spillage, emission or leakage described in (c) above.
 
PILOTAGE AND TOWAGE
This insurance shall not be prejudiced by reason of any contract limiting in whole or in part the liability of pilots, tugs, towboats, or their owners when the Assured or the agent of the Assured accepts such contract in accordance with established local practice.
Where in accordance with such practice, pilotage or towage services are provided under contracts requiring the Assured or the agent of the Assured:
(a) to assume liability for damage resulting from collision of the Vessel insured with any other ship or vessel, including the towing vessel, or
(b) to indemnify those providing the pilotage or towage services against loss or liability for any such damages,
it is agreed that amounts paid by the Assured or Surety pursuant to such assumed obligations shall be deemed payments “by way of damages to any other person or persons” and to have been paid “in consequence of the Vessel being at fault” within the meaning of the Collision Liability clause in this Policy to the extent that such payments would have been covered if the Vessel had been legally responsible in the absence of any agreement. Provided always that in no event shall the aggregate amount of liability of the Underwriters under the Collision Liability clause, including this clause, be greater than the amount of any statutory limitation of liability to which owners are entitled or would be entitled if liability under any contractual obligation referred to in this clause were included among the liabilities subject to such statutory limitations.
 
CHANGE OF OWNERSHIP
In the event of any change, voluntary or otherwise, in the ownership or flag of the Vessel, or if the Vessel be placed under new management, or be chartered on a bareboat basis or requisitioned on that basis, or if the Classification Society of the Vessel or her class therein be changed, cancelled or withdrawn, then, unless the Underwriters agree thereto in writing, this Policy shall automatically terminate at the time of such change of ownership, flag, management, charter, requisition or classification; provided, however, that:
(a) if the Vessel has cargo on board and has already sailed from her loading port, or is at sea in ballast, such automatic termination shall, if required, be deferred until arrival at final port of discharge if with cargo, or at port of destination if in ballast;
(b) in the event of an involuntary temporary transfer by requisition or otherwise, without the prior execution of a written agreement by the Assured, such automatic termination shall occur fifteen days after such transfer.
This insurance shall not inure to the benefit of any transferee or charterer of the Vessel and, if a loss payable hereunder should occur between the time of change or transfer and any deferred automatic termination, the Underwriters shall be subrogated to all of the rights of the Assured against the transferee or charterer in respect of all or part of such loss as is recoverable from the transferee or charterer, and in the proportion which the amount insured hereunder bears to the Agreed Value.
The term “new management” as used above refers only to the transfer of the management of the Vessel from one firm of corporation to another, and it shall not apply to any internal changes within the offices of the Assured.
 
ADDITIONAL INSURANCES
It is a condition of this Policy that no additional insurance against the risk of Total Loss of the Vessel shall be effected to operate during the cur- rency of this Policy by or for account of the Assured, Owners, Managers, Operators or Mortgagees except on the interests and up to the amounts enum- erated in the following Sections (a) to (g), inclusive, and no such insurance shall be subject to P.P.I., F.I.A. or other like term on any interests whatever excepting those enumerated in Section (a); provided always and notwithstanding the limitation on recovery in the Assured clause a breach of this condition shall not afford the Underwriters any defense to a claim by a Mortgagee who has accepted this Policy without knowledge of such breach:
(a) DISBURSEMENTS, MANAGERS’ COMMISSIONS, PROFITS OR EXCESS OR INCREASED VALUE OF HULL AND MACHINERY, AND/OR SIMILAR INTER- ESTS HOWEVER DESCRIBED, AND FREIGHT (INCLUDING CHARTERED FREIGHT OR ANTICIPATED FREIGHT) INSURED FOR TIME. An amount not exceeding in the aggregate 25% of the Agreed Value.
(b) FREIGHT OR HIRE, UNDER CONTRACTS FOR VOYAGE. An amount not exceeding the gross freight or hire for the current cargo passage and next succeeding cargo passage (such insurance to include, if required, a preliminary and an intermediate ballast passage) plus the charges of insur- ance. In the case of a voyage charter where payment is made on a time basis, the amount shall be calculated on the estimated duration of the voyage, subject to the limitation of two cargo passages as laid down herein. Any amount permitted under this Section shall be reduced, as the freight or hire is earned, by the gross amount so earned. Any freight or hire to be earned under the form of Charters described in (d) below shall not be permitted under this Section (b) if any part thereof is insured as permitted under said Section (d).
(c) ANTICIPATED FREIGHT IF THE VESSEL SAILS IN BALLAST AND NOT UNDER CHARTER. An amount not exceeding the anticipated gross freight on next cargo passage, such amount to be reasonably estimated on the basis of the current rate of freight at time of insurance, plus the charges of insurance. Provided, however, that no insurance shall be permitted by this Section if any insurance is effected as permitted under Section (b).
(d) TIME CHARTER HIRE OR CHARTER HIRE FOR SERIES OF VOYAGES. An amount not exceeding 50% of the gross hire which is to be earned under the charter in a period not exceeding 18 months. Any amount permitted under this Section shall be reduced as the hire is earned under the charter by 50% of the gross amount so earned but, where the charter is for a period exceeding 18 months, the amount insured need not be reduced while it does not exceed 50% of the gross hire still to be earned under the charter. An insurance permitted by this Section may begin on the signing of the charter.
(e) PREMIUMS. An amount not exceeding the actual premiums of all interest insured for a period not exceeding 12 months (excluding premiums insured as permitted under the foregoing Sections but including, if required, the premium or estimated calls on any Protection and Indemnity or War Risks and Strikes insurance) reducing pro rata monthly.
(f) RETURNS OF PREMIUM. An amount not exceeding the actual returns which are recoverable subject to “and arrival” or equivalent provision under any policy of insurance.
(g) INSURANCE IRRESPECTIVE OF AMOUNT AGAINST: Risks excluded by War, Strikes and Related Exclusions clause; risks enumerated in the American Institute War Risks and Strikes Clauses; and General Average and Salvage Disbursements.
 
WAR STRIKES AND RELATED EXCLUSIONS
The following conditions shall be paramount and shall supersede and nullify any contrary provisions of the Policy.
This Policy does not cover any loss, damage or expense caused by, resulting from, or incurred as a consequence of:
(a) Capture, seizure, arrest, restraint or detainment, or any attempt thereat; or
(b) Any taking of the Vessel, by requisition or otherwise, whether in time of peace or war and whether lawful or otherwise; or
(c) Any mine, bomb or torpedo not carried as cargo on board the Vessel; or
(d) Any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter; or
(e) Civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or piracy; or
(f) Strikes, lockouts, political or labor disturbances, civil commotions, riots, martial law, military or usurped power; or
(g) Malicious acts or vandalism, unless committed by the Master or Mariners and not excluded elsewhere under this War Strikes and Related Exclu- sions clause; or
(h) Hostilities or warlike operations (whether there be a declaration of war or not) but this subparagraph (h) not to exclude collision or contact with aircraft, rockets or similar missiles, or with any fixed or floating object, or stranding, heavy weather, fire or explosion unless caused directly by a hostile act by or against a belligerent power which act is independent of the nature of the voyage or service which the Vessel concerned or, in the case of a collision, any other vessel involved therein, is performing. As used herein, “power” includes any authority maintaining, naval, mili- tary or air forces in association with a power.
If war risks or other risks excluded by this clause are hereafter insured by endorsement on this Policy, such endorsement shall supersede the above conditions only to the extent that the terms of such endorsement are inconsistent therewith and only while such endorsement remains in force.
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