The subject matter of this insurance is the vessel, including its hull, lifeboats machinery equipment, instruments tackles, bunkers and stores.

 

The insurance is classified into Total Loss Cover and All Risks Cover

 

I. Total loss cover

 

These insurance covers total loss lf the insures vessel caused by :

1.earth quake, volcanic eruption, lightning, or other natural calamities;

2.grounding, collision, contact with any object, fixed floating or other-wise, or other perils of the seas;

3. fire or explosions;

4. violent theft by persons from outside the vessel or piracy;

5.jettison;

6.breakdown of or accident to nuclear installations or reactors;

7.this insurance also covers total loss of the insured vessel caused by.

1)accidents in loading, discharging or shifting cargo or fuel;

2)any latent defects in a machinery or hull of the vessel;

3)wrongful acts wilfully committed by the master or crew to the prejudice of the insureds interest;

4)negligence of the master crew or pilots repairers or charters;

5)acts of any governmental authority to prevent or minimize a pollution hazard resulting from damage to the vessel caused by risks insured against;   provided such loss has not resulted from want of due diligence by the insured, owners or managers.

 

(2) .All Risks Cover

 

This insurance covers total loss of or partial loss of or damage to the insured vessel arising from the causes under the Total loss cover and also covers the under-mentioned liability or expense.

1.       Collision Liabilities

1).this insurance covers legal liabilities of the insured as a consequence of the insured vessel

coming into collision or contact with any other vessel, or any object, fixed floating or otherwise. however this clause does not cover any liabilities in respect of:

a. loss of life, personal injury or illness;

b. cargo or other property on or engagements of the insured vessel;

c. removal or obstructions, wrecks, cargoes or any other thing whatsoever;

d. pollution or contamination of any property or thing whatsoever(including cost of

preventive measures and clean-up operations) except pollution or contamination of the other vessel with which the insured vessel is in collision or property on such other vessel.

e. indirect expenses arising from delay to or loss of use of any object fixed, floating or

otherwise.

2). 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 shall be calculated on the principle of cross liabilities. this principle also applies when the insured vessel comes into contact with an object.

3).The insurer’s liability (including legal costs) under this clause shall be in addition to his liability under the other provisions of this insurance but shall not exceed the insured amount of the vessel hereby insured in respect of each separate occurrence.

2.       General Average and Salvage

1).This insurance covers the insured vessels proportion of general average, salvage or salvage charges, but in case of general average sacrifice of the vessel, the insured may recover fully for such loss without obtaining contributions from other parties.

2).General average shall be adjusted in accordance with the relative contract and of governing law and practice .however, where the contract if affreightment or carriage does not so provide, the adjustment should be according to Beijing adjustment rules or similar provisions of the rules.

3).Where all the contributing interests are owned by the insured, or where the insured vessel sails in ballast and there are no other contributing interests, the provisions of the Beijing adjustment rules.(excluding article(5) or similar provisions of other rules if expressly agreed, shall apply as if the interests were owned by different persons. the voyage for this purpose shall be deemed to continue from the port or place of departure until the arrival of the vessel age the first port or place of call, 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 abandonment of the adventure originally contemplated the voyage shall there up be deemed to be terminated.

3.       Sue and Labour

1). Where there is loss or damage to the vessel from a peril insured against or where the vessel is in immediate danger from such a peril, and as a result reasonable expenditure is incurred by the insured in order to avert or minimize a loss which would be recoverable under this insurance, the insurer will be liable for the expenses so incurred, this clause shall not apply to general average salvage or salvage charges or to expenditure otherwise provided for in this insurance .

2). The insurer’s liability under this clause is in addition to his liability under the other provisions of this insurance, but shall not exceed an amount equal to the sum insured in respect of the vessel .

II.  Exclusions

This insurance does not cover loss , damage, liability or expense caused by:

(1)    unseaworthiness including not being properly manned, equipped or loaded, provided that

the insured knew, or should have known, of such unseaworthiness when the vessel was sent to sea.

(2)    Negligence or intentional act of the insured and his representative.

(3)    Ordinary wear and tear, corrosion, rottenness or insufficient unkeep, or defect in material

which the insured should have discovered with due diligence, or replacement of or repair to any part in unsound condition as mentioned above.

(4)    Risks covered and excluded in the hull war and strikes clauses of this company.

 

III. Deductible

 

(1).Partial loss caused by a peril insured against shall be payable subject to the deductible stipulated in the policy for each separate accident or occurrence (excluding claims under collision liability, salvage and general average, and sue and labour).

(2). Claims for damage by heavy weather occurring a single sea passage between two successive ports shall be treated as bening due to one accident,

This clause shall not apply to acclaim for total loss of the vessel, and the reasonable expense of sighting the bottom after grounding, if incurred specially for that purpose.

 

IV. Shipping

    

Unless previously approved by the insurer and any amended terms of cover and additional premium required have been agreed, this insurance does not cover loss, damage, liability and expense caused under the following circumstances:

(1)    towage or salvage service undertaken by the insured vessel;

(2)    cargo loading or discharging operation at sea from or into an other vessel( not being a

harbour or inshore craft) including whilst approaching lying alongside and leaving;

(3)    the insured vessel sailing with an intention of being broken up on sold for breaking up.

 

V. Period of insurance

 

This insurance is classified into time insurance and voyage insurance.

(1)    Time insurance: longest duration one year, the time of commencement and termination

being subject to the policy .should the insured vessel at the expiration of this insurance be at sea or in distress or at a port of refuge or of call, she shall, provided previous notice be given to the insurer, be he covered to her port of destination with the payment of an additional pro rato daily premium, however, in case of a total loss of the vessel during such period of extension, an additional six months premium shall be paid to the insurer,

(2)    Voyage insurance :to be subject to the voyage stipulated in the policy, the time of

commencement and termination to be dealt with according to the following provisions:

1. With no cargo on board: to commence from the time of unmooring or weighing anchor at the port of sailing until the completion of casting anchor or mooring at the port of destination.

2) With cargo on board: to commence from the time of loading at the port of sailing until the completion of discharge at the port of destination. But in the case shall a period of thirty days be exceeded counting from midnight of the day of arrival of the vessel at the port of destination.

 

 

 

VI.               Termination

 

(1)    This insurance shall terminate automatically in the event of payment for total loss of the

insured vessel.

(2)    Unless previously agreed by the insured in writing, this insurance shall terminate

automatically at the time of any change of the Classification. society of the insured vessel, change of cancellation or withdrawal of her etc therein, change in the ownership or flag, assignment or transfer to new management, charter on a bareboat basis, requisition for title or use of the vessel, provided that, if the vessel has cargo on board or is at sea, termination shall, if required, be deferred until arrival at her next port or final port of discharge or destination.

(3)    In case of any breach of warranty as to cargo. voyage trading limit towage ,salvage

services or date of sailing, this insurance shall terminate automatically unless notice be given to the insurer immediately after receipt adice and any of additional premium required be agreed.

 

VII.            Premium and Returns

 

(1)    Time insurance: Full premium shall be due and payable on attachment, and if agreed by

the insurer payment may be made by installments, but in the event of total loss of the insured vessel, and unpaid premium shall be Immediately due and payable. premium is returnable as follows:

1. If this insurance is cancelled or terminated, premium shall be returned pro rata daily net for the uncommenced days, but this clause shall not be applicable to clause VI/(3)

2. Where the insured vessel is laid up in a port or a lay-up area approved by the insurer for a period exceeding thirty consecutive days irrespective or whether she is under repairs in dock or shipyard, loading or discharging,50%(fifty percent) of net premium for such period shall be returned pro rata daily but in no case shall return of premium be recoverable in the event of total loss of the vessel.                                                   

In the event of any return recoverable under this clause being based on thirty consecutive days which fall on successive insurance effected for the same insured, such return of premium shall be calculated pro rata separately for the number of days covered by each insurance.

(2)    Voyage insurance : in no case shall voyage insurance be cancelable and the premium

thereof be returnable once it commences.

 

VIII.          Duty of Insured

 

(1)    Immediately upon receipt of advice of any accident or loss to the insured vessel, it is the

duty of the insured to give notice to the insurer within 48 hours, and if the vessel is abroad, to the insurer’s nearest agent immediately, and to take all reasonable measures for the purpose of minimizing a loss which would be recoverable under this insurance.

(2)    Measures taken by the insurer with the object of averting or minimizing a loss which

would be recoverable under this insurance shall not be considered as waiver or acceptance of abandonment or otherwise prejudice the rights of either party.

(3)    The insured shall obtain prior agreement of the insurer in determining the liabilities and

expenses in respect of the insured vessel.

(4)    In submitting a claim for loss, the insured shall transfer to the insurer all necessary

documents and assist him in pursuing recovery against the third party in case of third party liabilities or expenses being involved.

 

IX.               Tender

 

(1)    Where the insured vessel is damaged and repairs are required, the insured shall take such

tenders as a diligent uninsured owner would take to obtain the most favourable offer for the repairs of the damaged vessel.

(2)    The insurer may also take tenders or may require further tenders to be taken for the repair

of the vessel. where such a tender is accepted with the approval of the insurer and allowance in respect of fuel and stores and wages and maintenance of the master and crew shall be made for the time lost between the dispatch of the invitations to tender required by the insurer and the acceptance of a tender , but the maximum allowance shall not exceed the rate of 80%per annum on the insured value of the vessel.

(3)    The insured may decide the place of repair of the damaged vessel, however, if the insured

in taking such decisions does not act as a diligent uninsured owner, then the insurer shall have a right of veto concerning the place of repair or a repairing firm decided by the owner or deduct any increased costs resulting therefrom from the indemnity.

 

X.                 Claim and Indemnity

 

(1)    In case of accident or loss insured against, no claim shall be recoverable should the

Insured fail to submit claim document to the insurer within two years following the accident or loss.

(2)    Total Loss

1.       Where the insured vessel is completely destroyed or so seriously damaged as to cease to

be a thing of the kind insured or where the insured is irretrievably deprived of the vessel, it may be deemed an actual total loss, and the full insured amount shall be indemnified.

2.       Where no news is received of the whereabouts of the insured vessel over a period of two

months after the date on which she is expected to arrive at the port of destination it shall be deemed an actual total loss and the full insured amount shall be indemnified .

(3). Where an actual total loss of the insured vessel appears to be unavoidable or the cost of

recovery, repair and/or salvage or the aggregate there of will exceed the insured value of the vessel, it may be deemed a constructive total loss and the full insured amount shall be indemnified after notice of abandonment of  the vessel is given to the insurer irrespective of  whether the insurer accepts the abandonment.

Once the insurer accepts the abandonment, the subject matter insured belongs to the insurer.

(3)    Partial Loss

1.       Claims under this insurance shall be payable without deduction new for old.

2.       In no case shall a claim be admitted in respect of scraping, derusting or painting of the

vessel’s bottom unless directly related to repairs of plating damaged by an insured peril.

3.       Where repairs for owner s account necessary to make the vessel seaworthy and/or a

routine dry docking are carried out concurrently with repairs covered by this insurance, then the cost of entering and leaving dock dues for the time spent in dock shall be divided equally.

Where it is necessary to place the vessel in dry dock for repair of the damage covered by this insurance, the insurer’s liability for the cost of docking shall not be reduced.  Should the insured has surveys or other work carried out while the vessel is in dock provided the time for the work for the insured’s account is not prolonged in dock or the cost of docking is not in any way increased.

(4)    In no case shall any sum be allowed under this insurance either by way of remumeration

of the Insured for time and trouble taken to obtain and supply information or documents or in respect of the commission or charges of an manager, agent, managing or agency company or the like ,appointed by or on behalf of the Insured to perform such services, unless prior agreement has been obtained.

(5)    Where the insured amount is less than the agreed value or the contributory value in

respect of general average or salvage, then the Insurer only liable to pay that proportion of any loss or expense covered by the insurance that the amount insured bears to the agreed or contributory value.

(6)    Where the insured vessel comes into collision with or receives salvage services from

another vessel owned by the insured or under the same management  the Insurer shall be liable under this insurance as if the other vessel were owned by a third party.

 

XI. Treatment of Disputes      

 

Should disputes arise between the Insured and Insurer and it is necessary to Submit to

arbitration or take legal action ,such arbitration or legal action shall be carried out at the place where the defendant is domiciled.