Institute Voyage Clauses Hulls 11083 cl285
Institute Voyage Clauses Hulls 11083 cl285
Institute Voyage Clauses Hulls 11083 cl285
COM
1/10/83 (FOR USE ONLY WITH THE NEW MARINE POLICY FORM)
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 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.
4. PERILS
4.1. This insurance covers loss of or damage to the subject-matter 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 thereform, land conveyance, dock or harbour
equipment or installation
4.1.8. earthquake volcanic eruption or lightning
4.2. This insurance covers loss of or damage to the subject-matter insured caused by
4.2.1. accident in loading 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
4.2.5.1. provided such loss or damage has not resulted from want of due diligence by the Assured, Owners or
Managers or Superintendents or any of their onshore management.
4.3. Master Officers Crew or Pilots not to be considered Owners within the meaning of this Clause 6 should
they hold shares in the Vessel
5 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 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, 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.
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7. SISTERSHIP
Should be Vessel hereby come into collision with or receive salvage services from another vessel belonging
wholly or in part 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.
Due credit shall be given against the allowance as above agree 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.
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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 the conditions of this Clause 10 a deduction of 15% shall be made
from the amount of the ascertained claim.
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 of each separate accident or occurrence (including claims under Clause 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 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 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 the dates when such payments were made,
notwithstanding that by the additional of interest the Underwriters may receive a larger sum than they have
paid.
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 proportion to the under-insurance.
11.6. The sum recoverable under this Clause 13 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.
the cost relating to a single accident or sequence of damages arising from the same accident shall be taken
into account.
The following clauses shall be paramount and shall override anything contained in this insurance inconsistent
therewith.
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