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MARINE HULL INSURANCE MANUAL
PREFACE
Marine hull insurance deals with the insurance of the hull of the ship/vessel and
the insurances of the various liabilities of the ship/vessel owner arising out of
the use of the ship/vessel.
In this Manual we have tried to cover all the aspects of Marine hull insurance
and hopefully made it more user friendly to enable you to prudently underwrite
this insurance. A brief on Port Package and Oil and Energy Insurance has also
been added to this manual to help you understand this business which is
usually underwritten with the concurrence of the Reinsurance department.
We have tried to simplify the complexities of the erstwhile tariff rating structure
and brought out rating tables which can be used as a ready reckoner for any
particular type of vessel.
No marine hull policy is complete without the attachment of the clauses. The
confusion as to which clause is to be attached has been reasonably resolved in
the manual. Depending on the type of vessel specific proposal forms have been
designed and incorporated since we believe that the questions to be asked are
not uniform for all types of vessels.
A claims section has also been added to this manual which deals with the
documentation for processing the claims for different types of vessel to have
one consolidated manual for both underwriting and claims.
Compiled by :
CONTENTS
PAGE NO
INTRODUCTION 1
UNDERWRITING OF FISHING
80
SECTION 4 VESSELS/TRAWLERS/VALLAMS
ANNEXURES 229
MARINE HULL INSURANCE MANUAL
INTRODUCTION
The core of the ship is the structural keel, a heavy reinforced spine which runs
along the bottom of the ship, in the middle. The keel supports the structure of
the ship and is the first part of the ship to be built, since it serves as the
foundation. The framework for the hull or shell of the body of the ship is
attached to the keel. The bilge is the lowest compartment on a ship where the
two sides meet at the keel.
MARINE HULL INSURANCE MANUAL
The hull is the most of the visible part of a ship, because it is the body of the
ship. The hull is divided by bulkheads and decks. Bulkheads are
compartments which run across the ship from side to side, creating isolated
areas of the ship while decks are analogous to the floors of a house.
The bridge is a covered room which serves as the command center for the
ship and is normally on the top deck. Larger ships have several deck areas
including the poop deck located in the rear of the ship and the afterdeck
located directly behind the bridge. The other decks include the main deck
which is the principal deck of a vessel, the middle deck which is the deck
located in the middle of the ship and is normally the working area of the deck;
the lower deck is the deck immediately over the hold.
The front region of a ship or fore is called the bow and the rear region of the
ship or aft is the stern. When a person is fore, they are in the front of the
boat while a sailor located amidships would be in the middle of the ship, and
a person to the rear of the ship is aft, the right hand side of a ship is
starboard and the left is port.
Rudder is a wooden device at the rear of the ship which reaches into the
water and is used to steer the ship. Hatch is a door like opening in the deck
which leads to the hold.
Anchor is the heavy metal weight lowered to the sea bottom, used to hold a
ship in place.
A double bottom is a ship design and construction method where the bottom
of the ship has two complete layers of water tight hull surface: one outer layer
forming the normal hull of the ship and a second inner hull which is somewhat
higher in the ship. The space in between the two bottoms is often used as
storage tanks normally for ballast water. In case of grounding or other
underwater damage, most of the time the damage is limited to flooding of the
bottom compartment and the main areas of the ship remain intact. Hence
double bottoms are significantly safer than single bottoms.
Damage to the ship: Marine Hull Insurance covers loss or damage to the hull
and machinery both total loss and partial loss due to named perils mentioned
in the clauses.
Collision Liability: When a ship collides with another vessel the ship owner
would be held liable for the losses sustained by other colliding vessel or the
property on board the other vessel etc depending upon the degree of blame
attaching to his vessel. Under most of the Institute clauses only three fourths
of the collision liability is payable under Marine Hull insurance.
Protection and Indemnity risks: The following are the other liabilities which
a ship-owner is likely to pay. Most of the Institute clauses do not cover these
expenses and the same are payable by P & I clubs. However, certain clauses
viz Institute Port Risks clauses cover some of these expenses on a restricted
basis:
RBI PROVISIONS-
Applicable for policies issued in foreign currency.
(A) ISSUANCE OF POLICY
Insurance Companies registered with IRDA may issue General Insurance
policies denominated in foreign currency and receive premium in foreign
currency without prior approval of the Reserve Bank in the following
type of classes
The policy has been issued in foreign currency with specific approval
of RBI
The claim has been made for the loss occurred during the policy
period
The claim has been admitted by the competent authority of the
insurance company
The claim has been settled as per the surveyors report and other
substantiating documents.
MARINE HULL INSURANCE MANUAL
5. DEDUCTIBLES
Every vessel shall be insured subject to a deductible.
Deductibles shall be expressed in amounts and not as percentages of
Sums Insured.
No insurance shall be granted for the ‗Deductibles‘ stipulated in any
Policy issued in the Hull Department, irrespective of the beneficiary.
6. All rates including those for Cancellation and Lay-up Returns shall be
rounded off to three decimal places for Ocean-going Vessels and to two
decimal places for others.
The minimum premium (if any) as mentioned in the various sections has
to be collected.
Marine hull policies can be issued only as per the specimen copy
attached in this manual. The terms and conditions should include the
name of the clause/deductible/whether the policy is subject to CRO
conditions/Trading Warranty/class warranty/ISM code warranty and any
other conditions or warranties as applicable to that particular type of
insurance cover.
SECTION 1
UNDERWRITING OF OCEAN GOING VESSELS
The following criteria are essential to categorise a vessel as an Ocean Going
Vessel.
The vessel should be registered under the Merchant Shipping Act.
She should be classed with a Classification Society.
The vessel should hold a valid ISM code and is mandatory for the
following type of vessels:
Passenger Ships including Passenger High speed crafts and
Oil tankers, Chemical Tankers, Gas Carriers, Bulk Carriers and Cargo
High Speed Crafts of 500 GRT and above.
Other cargo ships and Mobile Offshore Drilling Units of 500 GRT
N.B: ISM code is not applicable to Government operated ships used for
non-commercial purposes.
1. STANDARD CLAUSES
All marine hull policies covering ocean going vessels should be subject to
any of the following clauses. Any other clause can be incorporated only
with the specific approval of the Head Office.
GA Disbursements policies
Average Disbursement Clause A
The insurance of all ocean going vessels should be subject to any one of
the following Trading Warranties:
(A) Warranted vessel plying only within the port limits of _______
(name of Port) with leave to proceed not beyond 12 N.M. from
the Prominent Point of the harbour/port as designated by Port
Authorities/Custom Authorities/Local Authorities.
NOTE: Vessels restricted to ply only within Calcutta Port limits will
have liberty to proceed to Sandheads, including Haldia.
Note: Under the trading warranty ‗F‘ the vessels are allowed to
trade world wide except to those areas listed out in the said
warranty. For breaches of this F warranty refer to the rating table
mentioned in Section of the manual.
NOTE: The wordings of any trading warranty can be altered to suit the
requirements of a particular vessel/owner only with the specific approval
of the Head Office.
3. DISBURSEMENT WARRANTY
The following warranty shall be incorporated in all the hull policies for
ocean going vessels:
―Warranted, vessel classed by ……..( name of Classification Society) and
class maintained throughout the currency of this policy or held covered
at Additional Premium, if any, as may be decided by the insurer,
provided immediate notice as to change of Classification Society of the
vessel or change, suspension, discontinuance, withdrawal or expiry of
class is given to the Insurer.‖
5. ISM WARRANTY
6. DEDUCTIBLE
Based on the merits of the case the insurer is allowed to collect the
installment premium beyond the due date provided there are no claims
during the period between the due date and the date of payment. An
undertaking to that effect may be collected from the insured and a
suitable endorsement issued.
9. ASSIGNMENT
Marine Hull policies are not freely assignable. Hence a dated notice of
such assignment is mandatory wherever the policy has to be assigned.
The assignment should be signed by the insured, and by the assignor in
case of a subsequent assignment, and the same is endorsed on the
policy and the policy with such endorsement should be produced before
payment of any claim/refund of premium.
Agreed Bank Clause shall not be used with any hull policy. Hull policies
shall not be issued in joint names of Owners and Financiers.
MARINE HULL INSURANCE MANUAL
The Institute Time clauses make no provision for either party to give
notice to cancel the insurance contract. Unless
there is a breach of good faith,
breach of warranty,
some illegality that renders the policy void, or
the automatic termination clause comes into operation,
The underwriter is bound to honour the contract until its natural expiry
date. In principle, the assured is equally bound by the contract, and
cannot cancel it at his option, thereby claiming a refund of premium.
However, the hull policy can be cancelled with the mutual agreement
between the two parties. In such case the insured is entitled for a
refund of pro rata monthly premium for each un commenced month
provided a loss to the vessel has not occurred during the period of the
insurance.
For further details refer to the relevant ‗Termination‘ clause and HO.
12. LAY UP RETURNS
MARINE HULL INSURANCE MANUAL
The Institute Clauses other than Institute Port Risks clause, allows
refund of premium in the following situations:
EXAMPLE:
CRO is a phrase used in hull policies to indicate that the rate does not
allow lay-up returns.
The insured may opt out of the lay up return proviso since the
procedure to get the refund under the same is quite cumbersome and is
possible only after the expiry of the policy.
Note: The rates given in the rating table in this manual are
subject to CRO conditions
MARINE HULL INSURANCE MANUAL
If the insured wants to carry coal during the specified period then on
payment of additional premium before the breach commences, this
warranty can be deleted.
As per the Indian Stamp Act, the insured has to pay the stamp duty for
all marine hull policies. Wherever instalment facility has been given, the
stamp duty has to be collected in full along with the first instalment
premium. There is no refund of stamp duty when the sum insured is
reduced during the currency of the policy. Whereas further stamp duty
has to be collected for the difference in the sum insured whenever there
is an increase in the sum insured during the currency of the policy.
There is also no refund of stamp duty when the policy is cancelled.
16. RATING GUIDELINES (The rates indicated below are the base
rates and any discounts/loadings as per the circulars issued by
the Head Office from time to time, have to applied on these
rates)
The rates given in the matrices are for the following conditions of
insurance and trading warranty
AGE 15 TO 20 YEARS
SUM INSURED 1000- 2000- 5000-
<1000 >10000
(Rs)/GRT(tons) 2000 5000 10000
Not exceeding 50 lakhs 2.268 2.848 3.852 5.502 7.433
50 lakhs to 75 lakhs 1.971 2.248 2.825 3.852 5.093
75 lakhs to 1 crore 1.823 1.948 2.312 3.027 3.923
1 crore to 2 crore 1.601 1.498 1.542 1.790 2.168
2 crore to 5 crore 1.467 1.228 1.080 1.047 1.115
5 crore to 10 crore 1.423 1.138 0.926 0.800 0.764
10 crore to 15 crore 1.408 1.108 0.875 0.717 0.647
15 crore to 20 crore 1.400 1.093 0.849 0.676 0.589
20 crore to 30 crore 1.393 1.078 0.823 0.635 0.530
30 crore to 40 crore 1.389 1.071 0.811 0.614 0.501
40 crore to 50 crore 1.387 1.066 0.803 0.602 0.483
50 crore to 60 crore 1.385 1.063 0.798 0.593 0.472
60 crore to 70 crore 1.384 1.061 0.794 0.587 0.463
70 crore to 80 crore 1.384 1.059 0.791 0.583 0.457
80 crore to 90 crore 1.383 1.058 0.789 0.580 0.452
90 crore to 100 crore 1.382 1.057 0.787 0.577 0.448
100 crore to 125 crore 1.098 0.845 0.637 0.478 0.386
125 crore to 150 crore 1.026 0.790 0.597 0.451 0.368
Loading % to Discount% to
Conditions of Insurance be applied on be applied on
the matrix rate the matrix rate
Institute Time Clauses Hulls dt 1.10.83
extended to include Protection and Indemnity
risks as per clause 9 of the Institute Hulls Port 3
Risks clause dt 20.07.87 (applicable only to
vessels plying in coastal waters of India)
Institute Time Clauses Hulls Port Risks dt
6
20.7.87 (applicable only for single named port)
Institute Time Clauses Hulls Total Loss only
(including salvage, salvage charges and sue and 20
labour) dt 1.10.83
Institute Time Clauses Hulls TL, GA, 3/4ths
Collision liability (including Salvage, salvage 10
charges and sue an labour)
MARINE HULL INSURANCE MANUAL
LAY UP RETURNS
If the insured wants to opt for full returns, i.e with the lay up return provision,
then a further loading of 5% has to be applied on the rate arrived for the
relevant institute clause.
Given below are the tables for arriving at the deductibles based on the
sum insured and age for sum insured upto Rs 100 crores.
Deductibles for H&M Sum Insured above Rs. 100 crores Deductibles
(Rs.)
H&M Sum Insured above Rs.100 crs but not above 35 lacs
Rs.125 crs.
H&M Sum Insured above Rs.125 crs but not above 35 lacs
Rs. 150 crs.
H&M Sum Insured above Rs. 150 crs but not above 50 lacs
Rs.175 crs.
H&M Sum Insured above Rs.175 crs but not above 50 lacs
Rs.200 crs
H&M Sum Insured above Rs.200 crs but not above 50 lacs
Rs.250 crs
H&M Sum Insured above Rs.250 crs. 50 lacs
NOTE: The deductible may be modified with the concurrence and specific
approval of the Head Office.
The vessel has to be rated afresh as per the rating guidelines and then
the claims experience loading/discount has to be given
The claims ratio for the maximum of 5 years to be taken for the fleet as
a whole.
CONDITIONS OF
SUBSIDIARY INTEREST GUIDELINE RATE
COVER
Increased Institute Time Clauses 85% of the chargeable
value/Disbursements Hulls Disbursements H&M rate (without
and Increased Value loading/discount for
Total Loss only claims experience)
(including Excess
Liabilities) dated 1-10-
83.
Freight Institute Time Clauses – 90% of the chargeable
Freight dated 1-8-89. H&M rate (without
loading/discount for
claims experience)
GA Disbursements cover Average Disbursements 0.50% of the GAD sum
clause ‗A‘. insured
MARINE HULL INSURANCE MANUAL
25. SCALE OF ADDITIONAL PREMIUM RATES TO COVER BREACHES OF TRADING LIMITS (WITHIN INSTITUTE
WARRANTIES) RELATING TO SINGLE VOYAGE UNDER OWN POWER WITHOUT ANY TOW.
BREACH OF TRADING WARRANTY
TRADING WARRANTY
DISTANCE IN NM 'A' 'B' 'C' 'D' 'E'
Upto 2500 nm voyages can be undertaken along
the coasts of India (including Lakshadweep and
Andaman and Nicobar islands), SRI LANKA, 2% of the
PAKISTAN, AND BANGLADESH annual rate NA NA NA NA
Above 2500 nm voyages can be undertaken along
the coasts of India (including Lakshadweep and
Andaman and Nicobar islands), SRI LANKA, 25% of the
PAKISTAN, AND BANGLADESH annual rate NA NA NA NA
If vessels proceeds on voyage to ports/places
from nearest border of the existing Trading limits
i Not more than 1000 n.m. NA NA 2% of the 2% of the annual rate
annual rate
ii Not more than 1500 n.m. NA 2% of the
Annual rate
iii Not more than 2000 n.m. NA 2.5% of the annual rate
iv Not more than 2500 n.m. N3% of the 3% of the 3% of the annual rate
A annual rate annual rate
v MORE THAN 2500NM AND Not more than 5000 4% of the 4% of the a. During Fair weather a. During Fair weather
n.m. annual rate annual rate
3.5% of the annual rate 3% of the annual rate
b.During Adverse weather b.During Adverse weather
4.5% of the annual rate 4.5% of the annual rate
MORE THAN 5000NM NA 5% of the 5% of the
annual rate annual rate
NOTE: 1. For Subsidiary Interests: 50% of Additional Premium rates applicable to H&M interest
2. The above rates are for vessels having age less than 20 years. For vessels over 20 years old the above rates have to be loaded by 25%.
MARINE HULL INSURANCE MANUAL
26. ADDITIONAL PREMIUM RATES FOR BREACH OF TRADING LIMITS UNDER INSTITUTE WARRANTIES DT
1.7.76 (STANDARD WARRANTY „F‟)
NOTE: TRANSITS OF THE BERING SEA BY OCEAN GOING VESSELS NAVIGATING ON THE NORTH CIRCULAR ROUTE ALLOWED
WITHOUT ADDITIONAL PREMIUM SUBJECT TO THE BERING SEA TRANSIT CLAUSE ATTACHED TO THE POLICY/ENDORSEMENT.
MARINE HULL INSURANCE MANUAL
NOTE: 1. For Subsidiary Interests: 50% of Additional Premium rates applicable to H&M interest
2. The above rates are for vessels having age less than 20 years. For vessels over 20 years old the above rates have
to be loaded by 25%.
MARINE HULL INSURANCE MANUAL
27. SCALE OF ADDITIONAL PREMIUM RATES TO COVER BREACHES OF TRADING LIMITS (WITHIN
INSTITUTE WARRANTIES) RELATING TO SINGLE VOYAGE UNDER OWN POWER for Ocean-going
Tugs insured subject to Trading Warranty „A‟
NOTE: 1. For Subsidiary Interests: 50% of Additional Premium rates applicable to H&M interest
2. The above rates are for vessels having age less than 20 years. For vessels over 20 years old the above
rates have to be loaded by 25%.
3. In case of Tugs undertaking towages the following Warranty shall be incorporated in the Policy.
―Warranted towage arrangements supervised and found satisfactory by a Surveyor approved by the Insurers‖.
MARINE HULL INSURANCE MANUAL
BASIS OF VALUATION
NOTES
1) Vessels insured on Time basis have liberty to shift or be shifted
within the sheltered and protected waters of the same port,
including shifting to the Break-up Yard within the sheltered and
protected waters of the port.
2) Voyage of a Vessel not insured on Time basis from place of
sheltered and protected waters of a Port to Break-up Yard within
the sheltered and protected waters of the same Port, shall be
covered at 20% of rates given above for the first 15 days.
3) War and Strikes Risks Cover may be granted as per the
Government War Risks Scheme, if eligible.
MARINE HULL INSURANCE MANUAL
The proposal form has to be completely filled and duly signed by the
authorized signatory of the insured
The vessel has to be registered under the MS Act
The vessel should be classed and the class warranty to be
mandatorily mentioned in the policy
The vessel should have ISM code certification and the ISM warranty
has to be mandatorily mentioned in the policy.
Deductibles have to be mentioned in the policy
Since the guidelines rates are inclusive of the CRO discount, the
policy should be subject to CRO conditions unless the insured opts
for lay up returns and the rate is suitably loaded. CRO conditions
have to be mandatorily mentioned in the policy.
The clauses to be attached have to be clearly mentioned in the policy
and the same have to be attached to the original of the policy.
The policy should contain the wording ‗subject to Institute Extended
Radioactive Contamination Exclusion clause dt…and the particular
clause has to be attached to the policy
The policy should contain the wording ‗subject to Chemical,
Biological, Bio-Chemical and Electromagnetic Weapons Exclusions
Clause‘ and the same is to be attached to the policy
The trading warranty has to be clearly mentioned in the policy.
Acceptance of very old vessels without proper inspection and
Condition cum Valuation Survey should be avoided
Acceptance of vessels where repayment of loan instalments is
irregular should be discouraged.
Previous insurance history should be scrutinized before acceptance of
very old vessels.
PROPOSER‟S DETAILS
NAME OF THE PROPOSER
ADDRESS OF THE PROPOSER
TEL
Mobile
Email id
STATE WHETHER THE
PROPOSER IS THE
OWNER/MANAGER/BAREBOAT
CHARTERER
IF THE PROPOSER IS A NAME OF THE OWNER
MANAGER/BAREBOAT
ADDRESS OF THE OWNER
CHARTERER THEN OWNERS'
DETAILS
TEL
Mobile
Email id
VESSEL PARTICULARS
NAME OF VESSEL
FLAG OF VESSEL
TYPE OF VESSEL (AS
REGISTERED)/PURPOSE USED
FOR
GROSS REGD. TONNAGE
DEAD WEIGHT TONNAGE
(MANDATORY FOR TANKERS
AND BULK CARRIERS)
BREAK HORSE POWER
(MANDATORY FOR TUGS AND
SUPPLY VESSELS)
PLACE WHERE BUILT
MATERIAL OF WHICH BUILT
IF BUILT OF WOOD STATE
WHETHER COPPER SHEATHED
OR NOT
YEAR OF BUILT
MARINE HULL INSURANCE MANUAL
PORT OF REGISTRY
LLOYDS REGISTER NUMBER
BY WHOM, WHERE AND WHEN
WAS THE VESSELS LAST
SURVEYED
NAME OF THE CLASSIFICATION □ Lloyd‘s Register □ American Bureau of
SOCIETY (TICK THE RELEVANT Shipping □ Bureau Veritas □ China
ONE) Classification Society □ Germanischer Lloyd □
Korean Register of Shipping □ Maritime Register
of Shipping □ Nippon Kaiji Kyokai □ Norske
Veritas □ Registro Italiano □ Indian Register of
Shipping □ Registrar of Shipping USSR □ Polish
Registrar of Shipping
IF THE VESSEL IS NOT CLASSED
WITH ANY OF THE MENTIONED
CLASSIFICATION SOCIETIES
THEN STATE THE NAME OF THE
CLASSIFICATION SOCIETY WITH
THE SYMBOL
IS THE VESSEL ISM CERTIFIED YES/NO
HULL AND MACHINERY INSURANCE COVER
PROPOSED SUM FOR
INSURANCE (currency to be
mentioned)
CONDITIONS OF INSURANCE
(TICK THE REQUIREMENT □ Institute Time Clauses Hulls dt 1.10.83
□ Institute Time Clauses Hulls dt 1.10.83
extended to include Protection and Indemnity
risks as per clause 9 of the Institute Hulls Port
Risks clause dt 20.07.87( Applicable for ocean
going vessels plying only in coastal waters)
□ Institute Hulls Port Risks dt 20.7.87 (applicable
only when the vessel is trading in one named
port)
□ Institute Hulls Total Loss only (including
salvage, salvage charges and sue and labour) dt
1.10.83
□ Institute Hulls TL, GA, 3/4ths Collision liability
(including Salvage, salvage charges and sue an
labour)
STATE THE GEOGRAPHICAL □ Vessel plying only within the port limits of
LIMITS REQUIRED (TICK THE _______ (name of Port)
MARINE HULL INSURANCE MANUAL
REQUIREMENT)
□ Trading limited to East and West Coasts of
India, Pakistan, Sri Lanka and Bangladesh
(SIGNATURE)
The liability of the Company does not commence until the acceptance of
the proposal has been formally intimated by the Company and the
premium is received by the Company.
Section 41 of the insurance Act.1938 which is in force from the 1st July 1939, reads
as follow :
No person shall allow, or offer to allow, either directly, or indirectly as an inducement
to any person to takeout or renew, or continue an insurance in respect of risk
relating to lives or property in India any rebate of whole or part of the commission
payable or any rebate of the premium shown on the Policy, nor shall any person
taking out or renewing or continuing a policy accept any rebate, except such rebate
as may be allowed in accordance with published prospectus or tables of the insurer.
THE OFFER PAYMENT OR ACCEPTANCE OF A REBATE OF THE PREMIUM
HEREUNDER IS THEREFORE A BREACH OF THE LAW
SECTION 2
1. STANDARD CLAUSES
All marine hull policies covering Inland vessels should be subject to any
of the following clauses. Any other clause can be incorporated only with
the specific approval of the Head Office.
The insurance of all inland vessels should be subject to any one of the
following Trading Warranties:
NOTE:
OR
OR
OR
4. DEDUCTIBLE
The insurer is allowed to collect the instalment premium beyond the due
date provided there are no claims during the period between the due
date and the date of payment. An undertaking to that effect may be
collected from the insured and a suitable endorsement issued.
7. ASSIGNMENT
Marine Hull policies are not freely assignable. Hence a dated notice of
such assignment is mandatory wherever the policy has to be assigned.
The assignment should be signed by the insured and by the assignor in
case of a subsequent assignment and the same is endorsed on the
policy and the policy with such endorsement should be produced before
payment of any claim/refund of premium.
Agreed Bank Clause shall not be used with any hull policy. Hull policies
shall not be issued in joint names of owners and financiers.
8. BREACH OF WARRANTY
The hull policy can be cancelled with the mutual agreement between the
two parties. In such case the insured is entitled to a refund of pro rata
monthly premium for each un-commenced month provided a total loss
of the vessel has not occurred during the period of the insurance.
CRO is a phrase used in hull policies to indicate that the rate does not
allow lay-up returns.
The rates given in the rating table in this section are subject to CRO
conditions, which means that the insured is eligible for a refund of
premium only when the policy is cancelled and not when the vessel is
laid up.
NOTE:
As per the Indian Stamp Act, the insured has to pay the stamp duty.
Wherever instalment facility has been given, the stamp duty has to be
collected in full along with the first instalment premium. There is no
refund of stamp duty when the sum insured is reduced during the
currency of the policy. Whereas further stamp duty has to be collected
for the difference in the sum insured whenever there is an increase in
MARINE HULL INSURANCE MANUAL
the sum insured during the currency of the policy. There is also no
refund of stamp duty when the policy is cancelled.
13. RATING GUIDELINES. (The rates indicated below are the base
rates and any discounts/loadings as per the circulars issued by
the Head Office from time to time, have to applied on these
rates)
The rates given in the matrices are for the following conditions of
insurance and trading warranty
Vessel with Single Bottom. Twin Engines and Collision Bulkhead load
the above rate by 30%
Vessel with Single Bottom, Single Engine and Collision Bulkhead load
the above rate by 50%
Vessels which are non mechanized load the the H&M rate of the
relevant mechanised vessel by 50%
Loading% to be Discount% to be
Conditions of Insurance applied on the applied on the
matrix rate matrix rate
N.B. Tuticorin will be deemed to be the demarcating point between the two
coasts i.e. if a Vessel plying on the East Coast goes West of Tuticorin, it
will be deemed to be plying on both the Coasts and vice-versa.
15. DEDUCTIBLES
19. RENEWAL
The vessel has to be rated afresh as per the rating guidelines and then
the claims experience loading/discount has to be given
22. SCALE OF ADDITIONAL PREMIUM RATES TO COVER BREACHES OF TRADING LIMITS RELATING TO
SINGLE VOYAGE UNDER OWN POWER
Breach of voyage during the period from 15th September to 15th May (both days inclusive) on the West
Coast of India and from 15th February to 15th October (both days inclusive) on the East Coast of India
Additional Additional
Additional Premium Additional Additional
Premium for Premium for
Distance between for all inland vessels Premium for Premium for tugs
tugs while tugs while
Ports / Places excluding tugs while tugs while towing while towing (%
towing (% of the towing (% of
(nautical miles) towing. %of the (% of the annual of the annual rate)
annual rate) the annual rate)
annual rate rate) single tow double tow
triple tow quadruple tow
<50 5 5.5 6 6.5 7
50-150 10 11 12 13 14
150-300 15 16.5 18 19.5 21
300-500 20 22 24 26 28
500-750 25 27.5 30 32.5 35
750-1000 30 33 36 39 42
1000-1500 35 38.5 42 45.5 49
1500-2000 40 44 48 52 56
2000-2500 45 49.5 54 58.5 63
>2500 50 55 60 65 70
NOTE: For Voyages of Inland Vessels (under tow, whilst towing or whilst on own power) between the Indian Mainland
and Andaman and Nicobar Islands/Lakshadweep, and between Andaman and Nicobar Islands and Lakshadweep, a
loading of 50% over the final towing rate arrived at shall apply.
MARINE HULL INSURANCE MANUAL
Breach of voyage outside the period from 15th September to 15th May (both days inclusive) on the West
Coast of India and from 15th February to 15th October (both days inclusive) on the East Coast of India
Additional Premium Additional Additional Additional Additional Premium
Distance
for all inland vessels Premium for Premium for tugs Premium for tugs for tugs while
between Ports /
excluding tugs while tugs while towing while towing (% while towing (% towing (% of the
Places (nautical
towing. %of the (% of the annual of the annual of the annual annual rate)
miles)
annual rate rate) single tow rate) double tow rate) triple tow quadruple tow
<50 6 7 8 8 9
50-150 13 14 15 16 18
150-300 19 21 23 24 26
300-500 25 28 30 33 35
500-750 31 34 38 41 44
750-1000 38 41 45 49 53
1000-1500 44 48 53 57 61
1500-2000 50 55 60 65 70
2000-2500 56 62 68 73 79
>2500 63 69 75 81 88
NOTE: For Voyages of Inland Vessels (under tow, whilst towing or whilst on own power) between the Indian Mainland
and Andaman and Nicobar Islands/Lakshadweep, and between Andaman and Nicobar Islands and Lakshadweep, a
loading of 50% over the final towing rate arrived at shall apply.
MARINE HULL INSURANCE MANUAL
23. SCALE OF ADDITIONAL PREMIUM RATES TO COVER BREACHES OF TRADING LIMITS RELATING TO
SINGLE VOYAGE UNDER UNDER TOW OF OTHER VESSELS
BREACH OF VOYAGE DURING THE PERIOD FROM 15TH SEPTEMBER TO 15TH MAY (BOTH DAYS
INCLUSIVE) ON THE WEST COAST OF INDIA AND FROM 15TH FEBRUARY TO 15TH OCTOBER (BOTH
DAYS INCLUSIVE ) ON THE EAST COAST OF INDIA.
Additional Premium Additional Premium
Additional Premium Additional Premium for
Distance between for vessel is under for vessel is under
for single vessel is vessel is under tow with
Ports / Places tow along with one tow along with two
under tow. %of the three more vessels.
(nautical miles) more vessel. %of the more vessels. %of the
annual rate %of the annual rate
annual rate annual rate
<50 7.5 8 8.75 10
50-150 15 16 17.5 20
150-300 22.5 24 26.25 30
300-500 30 32 35 40
500-750 37.5 40 43.75 50
750-1000 45 48 52.5 60
1000-1500 52.5 56 61.25 70
1500-2000 60 64 70 80
2000-2500 67.5 72 78.75 90
>2500 75 80 87.5 100
NOTE: For Voyages of Inland Vessels (under tow, whilst towing or whilst on own power) between the Indian
Mainland and Andaman and Nicobar Islands/Lakshadweep, and between Andaman and Nicobar Islands and
Lakshadweep, a loading of 50% over the final towing rate as applicable, shall apply.
MARINE HULL INSURANCE MANUAL
BREACH OF VOYAGE OUTSIDE THE PERIOD FROM 15TH SEPTEMBER TO 15TH MAY (BOTH DAYS
INCLUSIVE) ON THE WEST COAST OF INDIA AND FROM 15TH FEBRUARY TO 15TH OCTOBER (BOTH
DAYS INCLUSIVE ) ON THE EAST COAST OF INDIA.
Additional Premium Additional Premium Additional Premium for
Additional Premium
Distance between for vessel is under for vessel is under vessel is under tow
for single vessel is
Ports / Places tow along with one tow along with two with three more
under tow. %of the
(nautical miles) more vessel. %of the more vessels. %of vessels. %of the
annual rate
annual rate the annual rate annual rate
<50 9 10 11 13
50-150 19 20 22 25
150-300 28 30 33 38
300-500 38 40 44 50
500-750 47 50 55 63
750-1000 56 60 66 75
1000-1500 66 70 77 88
1500-2000 75 80 88 100
2000-2500 84 90 98 113
>2500 94 100 109 125
NOTE: For Voyages of Inland Vessels (under tow, whilst towing or whilst on own power) between the Indian
Mainland and Andaman and Nicobar Islands/Lakshadweep, and between Andaman and Nicobar Islands and
Lakshadweep, a loading of 50% over the final towing rate as applicable, shall apply.
MARINE HULL INSURANCE MANUAL
For vessels which are not covered as above, separate rates must be
charged for the voyage to and from the port of repair, time period risks
(awaiting dry-docking) and the actual dry-docking as per above
provisions.
26. PROPOSAL
(SIGNATURE)
Section 41 of the insurance Act.1938 which is in force from the 1st July 1939,
reads as follow :
No person shall allow, or offer to allow, either directly, or indirectly as an
inducement to any person to takeout or renew, or continue an insurance in
respect of risk relating to lives or property in India any rebate of whole or
part of the commission payable or any rebate of the premium shown on the
Policy, nor shall any person taking out or renewing or continuing a policy
accept any rebate, except such rebate as may be allowed in accordance
with published prospectus or tables of the insurer.
THE OFFER PAYMENT OR ACCEPTANCE OF A REBATE OF THE
PREMIUM HEREUNDER IS THEREFORE A BREACH OF THE LAW
MARINE HULL INSURANCE MANUAL
SECTION 3
STANDARD CLAUSES
Dredgers shall be insured for carrying out dredging operation in India subject
to the following:
The following warranty shall be incorporated in all Policies where the insurance
is accepted and rated on the basis that the Ship is fully classed with the Indian
Register of Shipping (IRS):
MARINE HULL INSURANCE MANUAL
Reduction In
Rate
a. If Vessels are built according to the classification 2.5%
requirements of IRS only
b. If Vessels are not built according to the 5.00%
requirements of the IRS but the class is maintained
singly with the IRS
c. If Vessels are built according to the classification 7.5%
requirements of IRS and the class is maintained
singly with the IRS
NOTE
The above reduction is applicable to Annual Marine Rates only and is not
applicable to SRCC Risks.
DEDUCTIBLE
Hull premium can also be collected in 4 equal instalments . The stamp duty has
to be collected in full along with the first instalment. Service tax has to be
collected with each instalment. When there is a total loss/constructive loss
claim the balance premium becomes immediately due and the same has to be
collected as soon as the insurer is aware of such a claim.
The insurer is allowed to collect the instalment premium beyond the due date
provided there are no claims during the period between the due date and the
date of payment. An undertaking to that effect may be collected from the
insured and a suitable endorsement issued.
ASSIGNMENT
Marine Hull policies are not freely assignable. Hence a dated notice of such
assignment is mandatory wherever the policy has to be assigned. The
assignment should be signed by the insured and by the assignor in case of a
subsequent assignment and the same is endorsed on the policy and the policy
with such endorsement should be produced before payment of any
claim/refund of premium.
Agreed Bank Clause shall not be used with any hull policy. Hull policies shall
not be issued in joint names of owners and financiers.
BREACH OF WARRANTY
Insurance for less than 12 months may be granted by charging 1/8th of the
annual rate per month or part thereof.
MARINE HULL INSURANCE MANUAL
CANCELLATION RULES
The hull policy can be cancelled with the mutual agreement between the two
parties. In such case the insured is entitled to a refund of pro rata monthly
premium for each uncommenced month provided a total loss of the vessel has
not occurred during the period of the insurance.
For further details refer to the relevant ‗Termination‘ clause and to RO/HO
All the rates contained in this Section are subject to CRO conditions. Cover
subject to ‗Full Returns‘ conditions shall not be granted.
STAMP DUTY
As per the Indian Stamp Act, the insured has to pay the stamp duty. Wherever
instalment facility has been given, the stamp duty has to be collected in full
along with the first instalment premium. There is no refund of stamp duty
when the sum insured is reduced during the currency of the policy. Whereas
further stamp duty has to be collected for the difference in the sum insured
whenever there is an increase in the sum insured during the currency of the
policy. There is also no refund of stamp duty when the policy is cancelled.
MARINE HULL INSURANCE MANUAL
RATING GUIDELINES. (The rates indicated below are the base rates
and any discounts/loadings as per the circulars issued by the Head
Office from time to time, have to applied on these rates)
The rating structure is given in a matrix format for easy reference. Separate
matrices are available depending on the age of the vessel.
The rates given in the matrices are for the following conditions of insurance
and trading warranty
Institute Time Clauses dated 1.10.83 subject to CRO conditions
Standard warranty
For Dumb Steel Dredgers: The basic rate will be loaded by 20%.
DEDUCTIBLES
0.50% of the H&M sum insured with a minimum of Rs. 5,000/-
The deductibles should be rounded off to the nearest Rs.1,000/-
NOTE: The deductible may be modified with the concurrence and specific
approval of the Head Office.
CHANGE IN SUM INSURED
MARINE HULL INSURANCE MANUAL
Whenever there is a change in sum insured during the currency of the policy,
the same H&M rate has to be applied. The deductible would also not change.
Change in the conditions of insurance will not be permitted during the currency
of the policy. In such case the policy has to be cancelled by mutual agreement
and a fresh policy with the revised condition of insurance have to issued.
Change in trading warranty is permitted during the currency of the policy. The
rate remains the same if the existing trading warranty is further restricted. But
where the insured opts for wider trading warranty, the rates have to be revised
as per the rating guidelines and the difference in premium has to be collected
on a prorata basis.
RENEWAL
The vessel has to be rated afresh as per the rating guidelines and then the
claims experience loading/discount has to be given
CLAIMS EXPERIENCE
SUB-SECTION 5
Scale of Additional Premium Rates to cover Breaches of Trading
Warranties relating to Single Voyage under Own Power.
(b) If Vessels are towed by approved Tugs, the above A.Ps are to be
increased as under.:
Annual Basis
If an Insured elects not to insure all his Vessels, but instead chooses to insure
Vessels on a selective basis, i.e. one or more out of several Vessel(s), then the
annual rate)s) applicable to such Vessel(s) being placed for insurance as per
this Tariff, shall be doubled.
Voyage Basis
1. Open Cover may be granted for Vessels subject to Insured‘s submitting
declarations to the Insurers promptly within 7 days from the date of
attachment, provided that the Insured has kept adequate cash deposit or
Bank Guarantee with the Insurers.
2. Insured should submit in writing in advance, the names of Vessels which
are likely to be employed during the Policy Year. Any fresh Vessels to be
employed during the year, i.e. other than those already intimated have to
be notified in writing to the Insurers in advance.
3. Counting of hours for charging Premium on Voyages basis will be from MOB
to MOB (i.e., Master-on-Board to Master-off-Board).
4. Conditions of Insurance shall be IVC Hulls dt.1-8-89 amended to 4/4ths
Collision Liability.
5. Rate
Wooden
Voyage duration Steel Dredgers
Dredgers
a. For first 6 hours or part thereof 0.02% 0.04%
b. Over 6 hours but not over 12 hours 0.04% 0.06%
c. Over 12 hours but not over 18 hours 0.06% 0.09%
d. Over 18 hours but not over 24 hours 0.8% 0.12%
e. Over 24 hours but not over 36 hours 0.12% 0.18%
f. Over 36 hours but not over 48 hours 0.16% 0.24%
g. Over 48 hours but not over 72 hours 0.20% 0.30%
h. Over 72 hours but not over 240 hours 0.30% 0.45%
i. Over 240 hours To be referred to the Committee
with full details for fixing rates.
N.B. The above rates will apply only to such Vessels which are not insured on
annual basis/short period basis, but are insured under Open Cover on
Declaration Basis for each Voyage.
NOTE:
MARINE HULL INSURANCE MANUAL
DEDUCTIBLES
The deductible amount shall be rounded off to the nearest Rs.100/- and
Rs.50/- to the next Rs.100/-
PROPOSAL FORM
The same proposal form used for inland vessels may be used for dredgers also.
MARINE HULL INSURANCE MANUAL
SECTION 4
The following are the salient features that categorize a vessel as a Fishing
Vessel:
Trawlers : These are of strong construction with Large Bunker space to enable
them to remain at sea for longer period. The hold of the ship may be insulated
or would have the facility to store the fish in ice after sorting. The trawler is
conically shaped to lay the net on the sea-bed.
Major risk is entangling of net with the propellers and thus damaging both the
net and the vessel.
Drifters: They are smaller than the trawlers and do not stay at sea longer. The
nets are suspended vertically from buoys and the vessel drifts head on to it.
Whalers: These are of large size called as floating factories. The captured
whales are hauled into the factory ship up a slipway through the stern and cut
and processed to obtain oil.
Fishing Boats : Small in size mostly built of wood, limited engine power,
operates in Indian Coastal Water upto 50 NM from the shore. Also, they are
steel, fiberglass and plastic body built
There may be non-mechanised crafts used for fishing, such as vallams and
catamarans.
1. STANDARD CLAUSES
All marine hull policies covering Fishing vessels should be subject to any
of the following clauses. Any other clause can be incorporated only with
the specific approval of the Head Office.
MARINE HULL INSURANCE MANUAL
NOTES:
1. EMPLOYMENT BEYOND 50 NM
All voyages between ports/places named in (a), (b) and (c) above
are covered without any A.P. subject to warranty that no fishing
is done during the course of such Voyages.
MARINE HULL INSURANCE MANUAL
Reduction In Rate
If Vessels are built according to the classification 2.5%
requirements of IRS only
If Vessels are not built according to the 5.00%
requirements of the IRS but the class is maintained
singly with the IRS
If Vessels are built according to the classification 7.5%
requirements of IRS and the class is maintained
singly with the IRS
4. DEDUCTIBLE
EXAMPLE:
All the Fishing vessel policies should contain the following wording
ii) On expiry of the twelve month period, a new policy will be issued
charging once again 40% of the Annual Premium for the first
three months and the process will be conti8nued as in (i) and (b)
above.
For fishing vessels with H&M Sum Insured exceeding Rs.20 lakhs, the
premium can be collected in 4 installments. The stamp duty has to be
collected in full along with the first instalment. Service tax has to be
collected with each instalment. When there is a total loss/constructive
loss claim the balance premium becomes immediately due and the same
has to be collected as soon as the insurer is aware of such a claim.
The insurer is allowed to collect the instalment premium beyond the due
date provided there are no claims during the period between the due
date and the date of payment. An undertaking to that effect may be
collected from the insured and a suitable endorsement issued.
18. ASSIGNMENT
Marine Hull policies are not freely assignable. Hence a dated notice of
such assignment is mandatory wherever the policy has to be assigned.
The assignment should be signed by the insured and by the assignor in
case of a subsequent assignment, and the same is endorsed on the
policy and the policy with such endorsement should be produced before
payment of any claim/refund of premium.
Agreed Bank Clause shall not be used with any hull policy. Hull policies
shall not be issued in joint names of the owners and financiers.
The hull policy can be cancelled with the mutual agreement between the
two parties. In such case the insured is entitled to a refund of pro rata
monthly premium for each uncommenced month provided a loss of the
vessel has not occurred during the period of the insurance.
If a Fishing Vessel is sold during the currency of the policy, the number
of days for which pro-rata refund is to be given, shall be calculated
according to the specific policy period for which the vessel was insured,
i.e., 3 months or 6 months, as the case may be.
Whilst Vessels are laid up for repair of painting, cover for fishing nets on
board the Vessels shall continue as per the perils under relevant
Institute Clause subject to which the Vessels are insured.
However, when the Net is not on the Vessel, the Sum Insured of the
Vessel shall not be reduced. During such times, if the Vessel becomes a
Total Loss, claims will be paid subject to deduction for the Net. For this
purpose, the value of Fishing Net needs to be ascertained at inception.
Short period cover for a period more than 3months but less than 12
months may be granted by charging 1/8th of the Annual Rate per month
or part thereof. No instalment facility shall be granted for short period
covers.
MARINE HULL INSURANCE MANUAL
CRO is a phrase used in hull policies to indicate that the rate does not
allow lay-up returns.
The rates given in the rating table in this section are subject to CRO
conditions, which means that the insured is eligible for a refund of
premium only when the policy is cancelled and not when the vessel is
laid up.
As per the Indian Stamp Act, the insured has to pay the stamp duty.
Wherever instalment facility has been given, the stamp duty has to be
collected in full along with the first instalment premium. There is no
refund of stamp duty when the sum insured is reduced during the
currency of the policy. Whereas further stamp duty has to be collected
for the difference in the sum insured whenever there is an increase in
the sum insured during of the policy. There is also no refund of stamp
duty when the policy is cancelled.
If the Insured wants the P.A. cover, he will be required to take cover for
at least the certified number of crew members required to be on board
at any point of time. Beyond this, he will be free to decide the number
of visitors for whom he would like to take the P.A. cover. Thus, the
premium payable will be for the total number of crew members and
visitors, at rates given above for the different sums insured. The
MARINE HULL INSURANCE MANUAL
Insured will be required to opt for the Sum Insured at the time of
inception of the Marine Hull Policy.
If a person in the Vessel shall sustain any bodily injury resulting solely
and directly from accident caused by outward, violent and visible means,
then the Insurers shall be liable as under:
ii. If such injury shall within six calendar months of its occurrence
be the sole and direct cause of the total and irrecoverable loss of
sight of both eyes or of the actual loss by physical separation of
two entire hands or two entire feet or of one entire hand and one
entire foot or of such loss of sight of one eye and such loss of
one entire foot, or of such loss of sight of one eye and such loss
of one entire hand – Rs.25,000/- or Rs.50,000/-- or Rs.75,000/-
or Rs.1,00,000/- as the case may be.
iii. If such injury shall within six calendar months of its occurrence
be the sole and direct cause of the total and irrecoverable loss of
sight of one eye or of the actual loss by physical separation of
one entire hand or one entire foot – fifty per cent (50%) of
Rs.25,000/- or Rs.50,000/- or Rs.75,000/- or Rs.1,00,000/- as the
case may be.
NOTE:
31. RATING GUIDELINES (The rates indicated below are the base
rates and any discounts/loadings as per the circulars issued by
the Head Office from time to time, have to applied on these
rates)
The H&M rates given in the matrices are for the following conditions of
insurance and trading warranty
Loading % to be Discount% to be
Conditions of Insurance applied on the matrix applied on the
rate matrix rate
33. DEDUCTIBLES
NOTE: The deductible may be modified with the concurrence and specific
approval of the Head Office.
37. RENEWAL
The vessel has to be rated afresh as per the rating guidelines and then
the claims experience loading/discount has to be given.
MARINE HULL INSURANCE MANUAL
iii) Trading zone: Plying limited to any one Trading Zone, subject
to:
iv) Splitting of Sum Insured: The H&M Sum Insured will not be
shown separately for Hull and Machinery but the same will be a
composite amount.
41. PROPOSAL
PROPOSER
38.Has any Company or insurer
in respect of any the risk to
which this proposal applies-
A Declined to insure you?
B Refused to renew your insurance?
C Increased your premium on renewal?
Is the vessel at present insured with any other insurer? If so, please give
name of the insurer and brief details of the cover.
DECLARATION
I/we the undersigned, hereby declare that the above statements, and
particulars are true and complete and further declare that I/We have not
withheld any information which is calculated to influence the decision of the
Company in accepting the insurance and agree that this declaration shall be
the basis of the contract between me/us and UNITED INDIA INSURANCE
COMPANY LTD.
(SIGNATURE OF THE PROPOSER)
Date
Place
AGENT‟S REPORT I know the Proposer for years.
I recommend acceptance of the proposal
as the moral hazard is satisfactory.
(SIGNATURE)
The liability of the Company does not commence until the
acceptance of the proposal has been formally intimated by the
Company and the premium is received by the Company.
Section 41 of the insurance Act.1938 which is in force from the 1st July 1939,
reads as follow :
No person shall allow, or offer to allow, either directly, or indirectly as an
inducement to any person to takeout or renew, or continue an insurance in
respect of risk relating to lives or property in India any rebate of whole or
part of the commission payable or any rebate of the premium shown on the
Policy, nor shall any person taking out or renewing or continuing a policy
accept any rebate, except such rebate as may be allowed in accordance
with published prospectus or tables of the insurer.
THE OFFER PAYMENT OR ACCEPTANCE OF A REBATE OF THE
PREMIUM HEREUNDER IS THEREFORE A BREACH OF THE LAW
SECTION 5
The following are the salient features that categorize a vessel as a Sailing
Vessel:
1. STANDARD CLAUSES
All marine hull policies covering sailing vessels should be subject to any of the
following clauses. Any other clause can be incorporated only with the specific
approval of the Head Office.
The insurance of all sailing vessels should be subject to any one of the trading
Warranties:
(D) Vessel may be permitted to ply in Persian Gulf area from 1st June
to 15th August by charging Additional Premium
(B) Warranted vessel laid up from 1st June to 15th August (b.d.i.) with
leave to employ the vessel from 1st June to 7th June (b.d.i.)
(B) Warranted vessel laid up from 1st June to 15th August (b.d.i.) with
leave to employ the vessel from 1st June to 7th June (b.d.i.)
MARINE HULL INSURANCE MANUAL
(B) Warranted vessel laid up from 1st Nov. to 31st January (b.d.i)
Warranted Vessels laid up from 15th May to 15th August and from 1st
November to 31st January (b.d.i.).
NOTE: The wordings of any trading warranty can be altered to suit the
requirements of a particular vessel/owner only with the specific approval of the
Head Office.
3. CLASSIFICATION AND MAINTENANCE OF CLASS
Reduction In Rate
If Vessels are built according to the classification 2.5%
requirements of IRS only
If Vessels are not built according to the requirements 5.00%
of the IRS but the class is maintained singly with the
IRS
If Vessels are built according to the classification 7.5%
requirements of IRS and the class is maintained
singly with the IRS
The following warranty shall be incorporated in all Policies where the insurance
is accepted and rates on the basis that the Ship is fully classed with the Indian
Register of Shipping (IRS):
4. DEDUCTIBLE
COLLECTION OF PREMIUM
For sailing vessels with H&M Sum Insured exceeding Rs.20 lakhs,
the premium can be collected in 4 equal installments. The stamp
duty has to be collected in full along with the first instalment.
Service tax has to be collected with each instalment. When there
is a total loss/constructive loss claim the balance premium
becomes immediately due and the same has to be collected as
soon as the insurer is aware of such a claim.
7. ASSIGNMENT
Marine Hull policies are not freely assignable. Hence a dated notice of such
assignment is mandatory wherever the policy has to be assigned. The
assignment should be signed by the insured and by the assignor in case of a
subsequent assignment and the same is endorsed on the policy and the policy
with such endorsement should be produced before payment of any
claim/refund of premium.
Agreed Bank Clause shall not be used with any hull policy. Hull policies shall
not be issued in joint names.
MARINE HULL INSURANCE MANUAL
8. BREACH OF WARRANTY
9. CANCELLATION RULES
The hull policy can be cancelled with the mutual agreement between the two
parties. In such case the insured is entitled to a refund of pro rata monthly
premium for each uncommenced month provided a loss of the vessel has not
occurred during the period of the insurance.
If a sailing Vessel is sold during the currency of the policy, the number of days
for which pro-rata refund is to be given, shall be calculated according to the
specific policy period for which the vessel was insured, i.e., 3 months or 6
months, as the case may be.
For further details refer to the relevant ‗Termination‘ clause and to RO/HO
Short period cover for a period more than 3months but less than 12 months
may be granted by charging 1/8th of the Annual Rate per month or part
thereof. No instalment facility shall be granted for short period covers.
CRO is a phrase used in hull policies to indicate that the rate does not allow
lay-up returns.
The rates given in the rating table in this section are subject to CRO conditions,
which means that the insured is eligible for a refund of premium only when the
policy is cancelled and not when the vessel is laid up.
As per the Indian Stamp Act, the insured has to pay the stamp duty. Wherever
instalment facility has been given, the stamp duty has to be collected in full
along with the first instalment premium. There is no refund of stamp duty
when the sum insured is reduced during the currency of the policy. Whereas
further stamp duty has to be collected for the difference in the sum insured
whenever there is an increase in the sum insured during of the policy. There is
also no refund of stamp duty when the policy is cancelled.
Policies on Sailing Vessels with H&M Sum Insured not exceeding Rs.20 lakhs
may be extended by an endorsement to include P.A. cover for unnamed
persons, including visitors to the Vessel and for crew, limited to the certified
capacity, for different Sums Insured (to be opted by the Insured) as premia as
provided below:
If the Insured wants the P.A. cover, he will be required to take cover for at
least the certified number of crew members required to be on board at any
MARINE HULL INSURANCE MANUAL
point of time. Beyond this, he will be free to decide the number of visitors for
whom he would like to take the P.A. cover. Thus, the premium payable will be
for the total number of crew members and visitors, at rates given above for the
different sums insured. The Insured will be required to opt for the Sum
Insured at the time of inception of the Marine Hull Policy.
If a person in the Vessel shall sustain any bodily injury resulting solely and
directly from accident caused by outward, violent and visible means, then the
Insurers shall be liable as under:
ii. If such injury shall within six calendar months of its occurrence
be the sole and direct cause of the total and irrecoverable loss of
sight of both eyes or of the actual loss by physical separation of
two entire hands or two entire feet or of one entire hand and one
entire foot or of such loss of sight of one eye and such loss of
one entire foot, or of such loss of sight of one eye and such loss
of one entire hand – Rs.25,000/- or Rs.50,000/-- or Rs.75,000/-
or Rs.1,00,000/- as the case may be.
iii. If such injury shall within six calendar months of its occurrence
be the sole and direct cause of the total and irrecoverable loss of
sight of one eye or of the actual loss by physical separation of
one entire hand or one entire foot – fifty per cent (50%) of
Rs.25,000/- or Rs.50,000/- or Rs.75,000/- or Rs.1,00,000/- as the
case may be.
NOTE:
MARINE HULL INSURANCE MANUAL
15. RATING GUIDELINES (The rates indicated below are the base
rates and any discounts/loadings as per the circulars issued by
the Head Office from time to time, have to applied on these
rates)
The rates given in the matrices are for the following conditions of insurance
and trading warranty
Loading % to be Discount% to be
Conditions of Insurance applied on the applied on the
matrix rate matrix rate
ITC-Hulls Total Loss Only (including 30
Salvage, Salvage Charges and Sue
and Labour) dated 1-10-83 with CRO
conditions.
Institute Time Clauses – Hulls dated
1-10-83 with P&I extension as per
10
clause 9 of ITC Port Risk dt 20.7.87
with CRO conditions
For Non mechanized vessels 30
17. DEDUCTIBLES
NOTE: The deductible may be modified with the concurrence and specific
approval of the Head Office.
229
MARINE HULL INSURANCE MANUAL
Whenever there is a change in sum insured during the currency of the policy,
the same H&M rate has to be applied. There would be no change in the
deductible.
Change in the conditions of insurance will not be permitted during the currency
of the policy. In such case the policy has to be cancelled by mutual agreement
and a fresh policy with the revised condition of insurance have to issued.
Change in trading warranty is permitted during the currency of the policy. The
rate remains the same if the existing trading warranty is further restricted. But
230
MARINE HULL INSURANCE MANUAL
where the insured opts for wider trading warranty, the rates have to be revised
as per the rating guidelines and the difference in premium has to be collected
on a prorata basis.
22. RENEWAL
The vessel has to be rated afresh as per the rating guidelines and then the
claims experience loading/discount has to be given
231
MARINE HULL INSURANCE MANUAL
25. PROPOSAL
TEL.
VESSEL PARTICULARS
5. NAME OF VESSEL
6.TYPE OF VESSEL (AS
REGISTERED)
7. GROSS REGD. TONNAGE
8. PLACE WHERE BUILT
9. MATERIAL OF WHICH BUILT
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GENERAL
30. NO OF SAILING VESSELS
OWNED BY YOU
31. PREMIUM /CLAIMS IF ANY FOR IF YES PLEASE GIVE US THE DETAILS
THE PAST 5 YEARS FOR THIS IN A SEPARATE SHEET
PARTICULAR VESSEL
32. PREMIUM/CLAIMS IF ANY FOR IF YES PLEASE GIVE US THE DETAILS
THE PAST 5 YEARS FOR THE IN A SEPARATE SHEET
FLEET AS WHOLE
33. OTHER BUSINESS FROM
PROPOSER
34. Has any Company or insurer in
respect of any the risk to which
this proposal applies-
A Declined to insure you?
B Refused to renew your insurance?
C Increased your premium on renewal?
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Is the vessel at present insured with any other insurer? If so, please give
name of the insurer and brief details of the cover.
DECLARATION
I/we the undersigned, hereby declare that the above statements, and
particulars are true and complete and further declare that I/We have not
withheld any information which is calculated to influence the decision of the
Company in accepting the insurance and agree that this declaration shall be
the basis of the contract between me/us and UNITED INDIA INSURANCE
COMPANY LTD.
(SIGNATURE OF THE PROPOSER)
Date
Place
AGENT‟S REPORT I know the Proposer for years.
I recommend acceptance of the
proposal as the moral hazard is
satisfactory.
SIGNATURE)
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SECTION 6
BUILDERS RISK INSURANCE
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Guarantee Risks must not be covered under Construction Risk Policy but
where this form of protection is required the risk must be placed
separately in the Miscellaneous department.
All Building Risks must be subject to War Exclusion Clause.
1. STANDARD CLAUSES
2. DEDUCTIBLE
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4. DURATION OF RISK:
5. COLLECTION OF PREMIUM
The insurer is allowed to collect the instalment premium beyond the due
date provided there are no claims during the period between the due
date and the date of payment. An undertaking to that effect may be
collected from the insured and a suitable endorsement issued.
6. ASSIGNMENT
Marine Hull policies are not freely assignable. Hence a dated notice of
such assignment is mandatory wherever the policy has to be assigned.
The assignment should be signed by the insured and by the assignor in
case of a subsequent assignment and the same is endorsed on the
policy and the policy with such endorsement should be produced before
payment of any claim/refund of premium.
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7. STAMP DUTY
As per the Indian Stamp Act, the insured has to pay the stamp duty.
Wherever instalment facility has been given, the stamp duty has to be
collected in full along with the first instalment premium. There is no
refund of stamp duty when the sum insured is reduced during the
currency of the policy. Whereas further stamp duty has to be collected
for the difference in the sum insured whenever there is an increase in
the sum insured during of the policy. There is also no refund of stamp
duty when the policy is cancelled.
8. RATING GUIDELINES
A. Barges and other Vessels without 0.20% + 0.020% per month or part
main propelling machinery thereof of the contract period
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The Builders' Risks Policy may be extended to include cover for delivery
voyage under own power (after completion of the construction and
trials) beyond 250 n.m., by charging the appropriate Additional Premium
as per the Schedule of Additional Premium, provided under Rule 22
under the Section 2 (Inland Vessels). For delivery voyage of any type
of Vessel under tow, the relevant rule 23 under Section 2 (inland
vessels), dealing with breach of voyage to referred to.
The Builders' Risks Policy may be extended to include cover for delivery
voyage under own power (after completion of the construction and
trials) beyond 250 n.m., by charging the appropriate Additional Premium
as per the Schedule of Additional Premium, provided under Rule 25/27
under the Section 2 (Inland Vessels).
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11. PROPOSAL
TEL.
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TEL.
VESSEL PARTICULARS
NAME OF VESSEL
TYPE OF VESSEL /DESCRIPTION OF
THE HULL AND MACHINERY
YARD NO
MATERIAL OF WHICH BUILT
NAME OF THE CLASSIFICATION
SOCIETY (IF ANY) UNDER WHOSE
SUPERVISION THE VESSEL IS BEING
BUILT.
HULL AND MACHINERY INSURANCE COVER
FULL CONTRACT VALUE OR FULL
COMPLETED VALUE (ACTUAL OR
ESTIMATED)
CONTRACT PERIOD
ARE THE PROPELLING MACHINERY YES/NO
AND AUXILLARY MACHINERY BUILT
BY SUB CONTRACTORS.
IF SO, PLEASE GIVE DETAILS OF THE
MACHINERY/PROVISIONAL VALUE
EXPECTED DATE OF ARRIVAL OF
SUCH MACHINERY TO THE YARD
FINANCIER
NO OF FINANCIERS
THE FOLLOWING DETAILS TO BE
GIVEN FOR EACH FINANCIER
SEPARATELY
NAME OF THE FINANCIER
ADDRESS OF THE FINANCIER
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GENERAL
NO OF VESSELS BUILT BY THE
BUILDER
PREMIUM /CLAIMS IF ANY FOR THE IF YES PLEASE GIVE US THE
PAST 5 YEARS FOR THE VESSELS DETAILS IN A SEPARATE SHEET
BUILT IN THE PROPOSED YARD
OTHER BUSINESS FROM PROPOSER
Has any Company or insurer in
respect of any the risk to which this
proposal applies-
A Declined to insure you?
B Refused to renew your insurance?
C Increased your premium on
renewal?
Is the vessel at present insured with any other insurer? If so, please give
name of the insurer and brief details of the cover.
DECLARATION
I/we the undersigned, hereby declare that the above statements, and
particulars are true and complete and further declare that I/We have not
withheld any information which is calculated to influence the decision of the
Company in accepting the insurance and agree that this declaration shall be
the basis of the contract between me/us and UNITED INDIA INSURANCE
COMPANY LTD.
(SIGNATURE OF THE
PROPOSER)
Date
Place
AGENT‟S REPORT I know the Proposer for _________
years. I recommend acceptance of
the proposal as the moral hazard is
satisfactory.
(SIGNATURE)
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Section 41 of the insurance Act.1938 which is in force from the 1st July 1939,
reads as follow :
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SECTION 7
STANDARD CLAUSES
DEDUCTIBLE
COLLECTION OF PREMIUM
STAMP DUTY
As per the Indian Stamp Act, the insured has to pay the stamp duty. There is
no refund of stamp duty when the policy is cancelled.
RATING GUIDELINES:
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OTHER EXTENSIONS
MINIMUM PREMIUM
PREMIUM ADJUSTMENT
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4. Premium:
5. Gross Charges:
6. Coverage:
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7. Limit of Liability:
The limit of liability under this insurance, in respect of any one accident
or series of accidents arising out of one occurrence, shall be ……..,
including liability for costs and expenses which are either:
8. Deductible.
This insurance shall only pay the excess of Rupees ………in respect of
the Assured's ultimate net loss resulting from any one accident or series
of accidents arising out of one occurrence.
9. Exclusions:
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xi. arising from any strike, lockout, labour disturbance, riot, civil
commotion or act of any person taking part in any such
occurrence or from any act of any person acting maliciously;
GENERAL CONDITIONS:
Inspection of Books:
The Assured shall keep a complete and accurate record of all gross charges for
operations covered hereunder and shall make these records available to
Underwriters upon request.
Notice Of Claim:
ln the event of any occurrence which may result in a claim under this insurance
the Assured shall give prompt written notice to the Underwriters hereon, shall
forward every summons or process (or copies thereof) served upon the
Assured and shall keep Underwriters fully advised.
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Claim Control:
Underwriters shall at any time be entitled I(but not obliged) to control or take
over the conduct of the investigation defence and settlement of any claim suit
or proceeding against the Assured which is or is likely to be the subject of
indemnity under this insurance.
ln the event of this insurance being one layer or a series of layers of insurance
and more than one layer being likely to be involved in a particular occurrence,
the Assured shall endeavour to obtain the agreement of the insurers of each
affected layer as to the manner in which such control or taking over shall be
effected and the costs, charges and expenses incurred borne.
Subrogation:
In the event of any claim or loss being paid under this insurance, Underwriters
shall be subrogated to all rights and remedies of the Assured. The Assured
shall not admit liability nor give any waiver of subrogation without the express
permission of Underwriters.
Reconstruction or Conversion:
Due Diligence:
It is the duty of the Assured and his agents at all times to take such measures
as may be reasonable for the purposes of averting or minimising a loss.
Assignment:
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Other Insurances:
In the event of an occurrence giving rise to a claim which is or but for the
existence of this insurance would be covered under any other indemnity or
insurance inuring to the benefit of the Assured, the insurance afforded by this
Policy shall be in excess of the amount which would be recoverable under such
other indemnity or insurance had this insurance not been effected, but only to
the extent that the excess amount is covered by this insurance.
Cancellation:
This insurance may be cancelled by either party on giving the other 30 days
notice in writing.
In the event of Underwriters giving notice the words "minimum and‖ in Clause
4 above shall be deemed to be deleted.
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PREMIUM ENDORSEMENT
N.B.:
ii. The gross Premium is arrived after aggregating (l) & (2) above.
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iii. The entire net Premium including the provisional Premium on account of
(2) above, if any, is payable along with the Stamp Duty on or before the
commencement ot` cover.
iv. Total Net Premium charged at the commencement of cover under this
Policy, will not be less than Rs. 10,000/- and if on adjustment of
Premium on expiry of cover, it is found that the Aggregate Net Final
Premium computed on the basis of (1) and (2) above, is less than
Rs. 10,000, a minimum of Rs.10,000/- will be retained by the Insurer
irrespective of the period of cover, and balance, if any, may then be
refunded to the Assured. The minimum amount to be retained by the
Insurer will be in addition to the Stamp Duty payable under this Policy ·
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SECTION 8
UNDERWRITING OF CHARTERER‟S LIABILITY INSURANCE
This Section deals with the insurance of the liabilities of Time Charterers and is
not applicable to demise/bareboat charterers. Insurances shall be granted only
to Indian Citizens chartering Indian or foreign flag Vessels.
CONDITIONS OF INSURANCE
INTEREST
Cover under the Policy should commence from the time the Daughter Vessel
comes alongside the Mother Vessel and continues during the time both the
Vessels are in the process of double banking, when Crude Oil is being
transferred from Mother Vessel to Daughter Vessel and thereafter during the
dismantling of hoses and the process of unbanking. Similarly, any operation
involving Charterers' Vessel in the case of General Cargo Vessels should also be
included.
SUBSTITUTION OR SUB-CHARTER:
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STAMP DUTY
As per the Indian Stamp Act, the insured has to pay the stamp duty.
RATING GUIDELINES
LIMIT OF LIABILITY:
(b) Separate Limit of Liability for seepage and pollution risks, if such
cover is required.
Also, the assureds should be asked to give the basis on which they have
calculated the above amounts.
RATING PATTERN:
For the inclusion of Seepage and Pollution Liability, the Rs. per
GRT rate shall be suitably enhanced.
A discount of 30% may be allowed if Contractual Liability to third
parties is excluded.
DEDUCTIBLE
There should be different deductibles for the H & M and the P & I Covers, as
follows subject to the warranty that the deductibles shall remain uninsured.
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NOTE: The deductible may be modified with the concurrence and specific
approval of the Head Office.
RENEWAL
The insurance has to be rated afresh as per the rating guidelines and then the
claims experience loading/discount has to be given
CLAIMS EXPERIENCE
OTHER INSURANCES
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MINIMUM PREMIUM:
DEPOSIT PREMIUM:
ADJUSTMENT OF PREMIUM:
Deposit Premium shall be adjusted at the end of the Policy period as under:
ii. Rs.9 per GRT per annum to be charged on pro-rata basis per day
or part thereof for each operation, based on the tonnage of the
Vessel used but subject to a minimum 2months‘ Premium on the
highest tonnage Vessel used during the Policy period, subject to
the minimum Premium as given hereinabove.
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TEL.
(a) Nature of Charter Party Agreement
(Time/Voyage)
(b) Details of Charter Party to be attached
(Yes/No)
(c) Period of Charter Party Agreement.
CHARTERED VESSEL DETAILS
(a) Name, including previous name(s), if any
(b) Type
(c) LR. No.
(d) GRT/DWT/BHP/Formula DWT (Reefers)
(e) Year Built
(f) Country of Registration (Flag)
(g) Is the Vessel classed? If so, please give
details.
(h) Trade (Liner or Tramp)
(i) Any other relevant particulars.
(4) Details of cover taken by the owners for
the Vessels to be chartered , as under
(a) Sum Insured :
H&M
Freight
Disbursements
(b) Name of Insurers and address:
(c) Period of Insurance:
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(SIGNATURE)
Section 41 of the insurance Act.1938 which is in force from the 1 st July 1939,
reads as follow :
No person shall allow, or offer to allow, either directly, or indirectly as an
inducement to any person to takeout or renew, or continue an insurance in
respect of risk relating to lives or property in India any rebate of whole or
part of the commission payable or any rebate of the premium shown on the
Policy, nor shall any person taking out or renewing or continuing a policy
accept any rebate, except such rebate as may be allowed in accordance with
published prospectus or tables of the insurer.
THE OFFER PAYMENT OR ACCEPTANCE OF A REBATE OF THE
PREMIUM HEREUNDER IS THEREFORE A BREACH OF THE LAW
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SECTION – 9
Sub-Section I
General Regulations
3. The Proposer can taken the cover from the date of beaching of the
vessel or from any date thereafter but not later than the date on which
Customs' Clearance is given for commencement of breaking.
4. The Proposer can choose to take cover from a date after the date of
Customs‘ Clearance for commencement of breaking but premium in such
cases will be calculated as if the cover incepted on the date of beaching.
5. Sum Insured :
Sum Insured shall be taken on agreed value basis and will comprise the
aggregate of the following components:
6. Period of Insurance:
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NOTE: For the purpose of the above Table, the Specialised/General Cargo
Vessels shall be taken to mean as under :
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7. Additional Covers:
N.B. This cover is to be opted for at the inception of the Policy and mid-
term inclusion is not permitted.
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Sub-Section II
PROPOSAL FORM
1. Name of Insured :
2. Address :
5. LDT of vessel :
6. Type of Vessel :
[ *Kindly refer to the two Notes provided at the end of the Proposal
Form preceding the Box meant for Office Use.]
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I/We hereby declare that the above statement and particulars are true. I/We
have not omitted. suppressed, or misrepresented or misstated any material
fact and I/We agree that this declaration shall be the basis of the contract
between me/us and the Company and shall be deemed to be incorporated
therein.
Signature of Proposer
[ * Kindly refer to Item No.11of this Proposal Form]
NOTE 1:
Period of Insurance should be reckoned in hill months as estimated and
declared by the proposer but in any case not for a period (in full months) lower
than that which would be arrived at on the basis of dividing the actual LDT of
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the vessel by the LDT per month stipulated in the following Table, subject to
minimum period provided therein :
GENERAL CARGO
LDT OF VESSEL SPECIALISED VESSELS
VESSEL
a) Ships upto 4000 Minimum 2 months or Minimum 2 months or a
LDT a period to be arrived period to be arrived at,
at, in full months, by in full months, by
dividing the actual LDT dividing the actual LDT
of the vessel by 1500 of the vessel by 1500
LDT, whichever is LDT, whichever is higher
higher
b) Ships above 4000 Minimum 2 months or Minimum 2 months or a
LDT and upto a period to be arrived period to be arrived at,
10,000 LDT at, in full months, by in full months, by
dividing the actual LDT dividing the actual LDT
of the vessel by 1500 of the vessel by 2000
LDT, whichever is LDT, whichever is higher
higher
c) Ships above 10,000 Minimum 4 months or Minimum 4 months or a
LDT and upto a period to be arrived period to be arrived at,
30,000 LDT at, in full months, by in full months, by
dividing the actual LDT dividing the actual LDT
of the vessel by 2000 of the vessel by 3000
LDT, whichever is LDT, whichever is higher
higher
d) Ships above 30,000 Minimum 9 months or Minimum 9 months or a
LDT a period to be arrived period to be arrived at,
at, in full months, by in full months, by
dividing the actual LDT dividing the actual LDT
of the vessel by 2500 of the vessel by 4000
LDT, whichever is LDT, whichever is higher
higher
N.B. For the purpose of the above Table, the Specialised/General Cargo
Vessels shall be taken to mean as under: A
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The Proposer can choose tc take cover from a date alter the date of Customs‘
Clearance for commencement ol` breaking, subject to:
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Total Rs..,...............
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Sub-Section III
SCHEDULE OF RATES
NOTE 1
All rates indicated are the minimum applicable rates and higher rates may be
charged at the Underwriter‗s discretion.
NOTE 2
The basic premium on each Proposal shall consist of the two following
components
a. The value rate which shall be the rate charged on the Total Sum
Insured.
b. The period rate which shall be the cumulative total of the monthly
rate arrived at for the total duration of the period of insurance.
RATES:
1. Value Rate:
2. Period Rate:
To be calculated at the rate of 0.05% per month or part thereof for the
total duration of the period of insurance.
4. Extension Rates :
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ii. Period rate – 0.05% per month or pan thereof calculated from
the date the Ship/Vessel was beached.
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b) Cancellation by Insured :
c) Cancellation by Insurer:
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Sub-Section IV
1. Fire
2. Lightning
5. Aircraft and other aerial and/or space devices and/or articles dropped
therefrom, excluding destruction or damage occasioned by pressure
waves caused by such devices.
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EXCLUSIONS
a. The first Rs. 50,000/- or 1/2% of the total Sum Insured whichever is
greater but not exceeding Rs. 6,00,000/-, of each and every loss in
respect of which the insurance is indemnified by this Policy.
b. Loss by theft during or after the occurrence of any insured peril except
as provided for in Riot, Strike and Malicious Damage Clause.
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Explosives
PERIOD OF COVER:
The Liability of the Company shall commence only from the effective date
specified in the policy and shall continue until the date specified in the Policy or
completion of breaking operations, whichever is earlier.
GENERAL CONDITIONS:
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3. This insurance does not cover any loss or damage to property which, at
the time of the happening of such loss or damage, is insured by or
would, but for the existence of this Policy. be insured by any marine
policy or policies except in respect of any excess beyond the amount
which would have been payable under the marine policy or policies had
this insurance not been effected.
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ii. This insurance may also, at any time, be terminated at the option
of the Company on 15 days' notice to that effect given to the
Insured in which case the Company shall be liable to repay, on
demand, the amount representing the period premium for the
remaining months of the unexpired period from the date of
cancellation.
The Insured shall also, at all times, at his own expense produce,
procure and give the Company all such further particulars, plans,
specifications, books, vouchers, invoices, duplicates or copies
thereof; documents, proofs and information, with respect to the
claim and the origin and cause of the insured perils, and the
circumstances under which the loss or damage occurred, and any
matter touching the liability or the amount of the liability of the
Company as may be reasonably required by or on behalf of the
Company together with a declaration on oath or in other legal
form for the truth of the claim and of any matters connected
therewith.
ii) In no case whatsoever shall the Company be liable for any loss or
damage after the expiration of 12 months from the happening of
the loss or damage unless the claim is the subject of pending
action or arbitration: it being expressly agreed and declared that
if the Company shall disclaim liability for any claim hereunder and
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such claim shall not, within l2 calendar months from the date of
the disclaimer, have been made the subject matter of a suit in
court of law, then the claim shall for all purposes be deemed to
have been abandoned and shall not thereafter be recoverable
hereunder.
If the Insured or any person on his behalf shall not comply with the
requirements of the Company or shall hinder or obstruct the Company,
in the exercise of its powers hereunder, all benefits under this policy
shall be forfeited. The Insured shall not, in any ease, be entitled to
abandon any property to the Company, whether taken possession of by
the Company or not.
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For the purpose of this condition, all the values declared itemwise in the
Proposal Form shall be deemed to be itemwise Sums Insured.
10. The Insured shall, at the expense of the Company, do and concur in
doing, and permit to be done, all such acts and things, as may be
necessary or reasonably required by the Company for the purpose of
enforcing any rights and remedies or of obtaining relief or indemnity
from other parties to which the Company shall be or would become
entitled or subrogated, upon its paying for or making good any loss or
damage under this Policy, whether such acts and things shall be or
become necessary or required before or after his indemnification by the
Company.
11. If any difference shall arise as to the quantum to be paid under this
policy (liability being otherwise admitted), such difference shall,
independently of all other questions, be referred to the decision of an
arbitrator to be appointed in writing by the parties in difference, or if
they cannot agree upon a single arbitrator, to the decision of two
disinterested persons as arbitrators, of whom one shall be appointed in
writing by each of the patties within two calendar months after having
been required so to do in writing by the other party in accordance with
the provisions of the Arbitration Act, 1940 as amended from time to
time and for the time being in force. In case either party shall refuse or
fail to appoint an arbitrator within two calendar months after receipt of
notice in writing requiring an appointment, the other party shall be at
liberty to appoint sole arbitrator and, in case of disagreement between
the arbitrators, the difference shall be referred to the decision of the
umpire who shall have been appointed by them in writing before
entering on the reference and who shall sit with the arbitrators and
preside at their meetings.
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13. This Policy covers Riot, Strike, Malicious and Terrorist Damage as
under:-
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For the purpose of this Clause, "Terrorism" shall mean the use of violence for
political ends and shall include any use of violence for the purpose of putting
the public or any section of the public in fear.
Additional Warranties:
3. Warranted that gas cutting operations shall not commence in the cabin
and cabin area before removal of all wooden and combustible material
therein to shore.
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SECTION 10
Underwriting of Oil and Energy risks should be with the concurrence of the
Reinsurance Department and as per the terms and conditions given by the RI
department on a case to case basis.
This Section gives only a brief description of the coverage and the various
policies/terms/conditions currently available.
Production Platforms
Mobile Drilling units
Construction
Physical Damage
Removal of Wreck
Control of Well
Liability
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Offshore construction
Installation: The process by which the structure is installed. The platforms are
mounted on top of piles whilst pipelines are laid using special pipe laying
barges.
Maintenance: Once the structures are erected the contractor has an obligation
to maintain the structure.
The policy covering Offshore Construction Project is generally as per the terms
and conditions listed in WELCAR 2011
COVERAGE
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Charterers Liability
Towage Liabilities
Contract of carriage of goods by Sea
Sale & Purchase Contract
Performance Bond
Employers Liability
Removal of Wreckage or Debris
Clean up & containment
Control of Well
Evacuation
Insuring Agreements
Exclusions
Definitions
Specific Conditions
Declarations
Endorsement to Exclusions
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The cover is required when the facilities become operational and normally a
package cover is granted.
STANDARD CLAUSES
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PROPERTY INSURED
CONDITIONS
Automatic Reinstatement
Limit of Liability
Debris Removal – 25% of the TSI
Sue and Labour – 25% of the TSI
1. ALL RISKS
This insurance covers the hull and machinery of the drilling barge(s), including
all their equipment, tools, machinery, caissons, lifting cks, materials, supplies,
appurtenances, drilling rigs and equipment, derricks, drill stem, casing and
tubing while aboard the drilling barges and/or vessels moored alongside or in
the vicinity thereof and used in connection therewith (but not such barges
and/or vessels themselves), and including drill stem in the well being drilled,
and all such property as scheduled herein, owned by or in the care, custody or
control of the Assured.
2. Scope of Cover
Subject to its terms, conditions and exclusions this insurance is against all risk
of direct physical loss of or damage to the property insured, provided such loss
or damage has not resulted from want of due diligence by the Assured, the
Owners or Managers of the property insured, or any of them. Also covers
Collision Liability.
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When there is uncontrolled flow of gas, oil or other well fluid from one
reservoir to another via the wellbore. Till 1986, basic control of well
exposure covered under multiplicity of coverage form.
Coverage / Expenses
Additional Coverage –
Making Wells Safe
Underground Control of Well
Care, Custody and Control
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Section III : Third Party Liability (cannot be given on a stand alone basis. Cover
should be given only when accompanied by cover for physical damage)
These are underwritten on either ‗occurrence‘ basis or ‗claims made basis‘. TPL
covers are required both during operation and construction. The cover is for
personal injury/property damage arising out of operations.
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This covers Loss of profits following a loss under ‗physical damage‘ or ‗control
of well‘ section of the policy.
LOSS OF HIRE
This cover is taken by contractors when they let rigs out on charter to
operators.
This is given along with physical damage cover. However it is also becoming
common to cover this on stand alone basis.
The cover responds only when a physical loss or damage occurs resulting in
vessel coming off charter.
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SECTION 11
PORT PACKAGE INSURANCE
This Section gives only a brief description of the coverage and the various
policies/terms/conditions currently available.
Physical damage to property by fire and other natural perils like storm,
cyclone, tempest, hurricane, etc. Property includes buildings, wharfs and
docks, berths, quays, jetties, dolphins, machinery, handling equipment,
contents etc.
Damage to vessels and other floating objects including all risks involved
with dredging operations.
Damage to surrounding property/cargo handling equipment due to
collapse of cranes or winches; or explosion of boilers; or flying
fragments e.g. from welding sets etc.
Business Interruption consequent upon damage due to any peril insured
under the policy.
Port Blockage
Wreck removal, or removal of debris, of property insured being
destroyed or damaged by a peril insured against.
Fines and duties
Investigation, defence and mitigation costs.
Disposal, quarantine and disinfection costs.
Architects‘, surveyors‘ and consulting engineers‘ fees necessarily
incurred in the reinstatement of the property, consequent upon its
destruction and damage
Loss or damage to equipment including loss due to strikes, riots and
terrorism
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Earthquake and volcanic eruptions which are excluded under the ITC -
Hulls Port Risks 20/07/87 may be additionally covered.
Cover for vessels and crafts may be extended to include those perils
which are covered under Institute Additional Perils Clause
Additional coverage provided for demolition as well as increased costs
for re-construction in respect of large cranes and lifting gears
Additional cover for business interruption following blockage of berth
due to accidental sinking or stranding of a vessel, or due to any other
accident covered
Extension can also be sought for loss of rent, should the assured lose a
tenant as a result of loss or damage to building
Ports Liabilities cover can be extended to cover Fines and Duties,
Wrongful Delivery of Cargo and Infringement of personal rights
Fines and Duties Extension covers various fines and penalties imposed
on the insured following an unintentional breach of any rules and
regulations and /or any statutory provisions. Fines can be in the form of
custom duties , sales tax, excise, VAT etc or confiscation of property by
an authority.
Policy Exclusions
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NOTE: The above list is only indicative and policy wordings may incorporate
relevant exclusions under the respective sections as may necessary. The actual
terms and conditions and exclusions of the policy are agreed by the reinsurers
after receiving a completely filled proposal form.
1. Name and full address (including post code or zip code and latitude and
longitude) of Port Authority and other port locations to be insured.
2. TYPE OF PORT:
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Stevedoring Dredging
Pilotage Diving
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Do you provide any other facilities/services e.g. car parks, ships, oil rig
facilities etc ?
If yes, please give details;-
Please attach a copy of your latest annual report / handbook and a map
of the port, its boundaries and confines.
5. CONTRACTS / INDEMNITIES
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Estimated
Last Year This Year
Next Year
TEUs
Breakbulk (Tonnes)
Wet Bulk (Tonnes)
Cars
Other e.g. passengers
(please specify)
Estimated
Last Year This Year
Next Year
What is your annual
revenue ?
What % of revenue is
derived from cargo
handling ?
How many vessels calls
per annum ? Please
provide figures broken
down into size of vessel
a) Upto 5,000 GRT
b) 5000 – 15,000 GRT
c) Over 15,000 GRT
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7. EQUIPMENT: Please provide the aggregate value for the current year
and next year and attach a schedule showing against each item,
description, value and age.
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12. CLAIMS HISTORY - Please attach full claims history (both paid and
outstanding and any related fees or expenses including legal fees) for
the last 5 complete years net of any deductible and advise of any
deductible applicable. Please also attach details of any existing
litigation.
IMPORTANT
This questionnaire is to be completed and signed by the Assured and will form
part of the Port Authority Policy.
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The premium charged and the conditions of this Policy are based upon the
information provided in this questionnaire, any operations and / or physical
changes in the nature of the Assured‘s Operations during the policy period
which materially changes or alters in any way the information contained in this
questionnaire must immediately be advised to Underwriters. Any change
advised will be assessed by Underwriters to enable them to decide whether
they are prepared to continue to provide coverage and at what terms. Failure
to comply with this requirement could affect the validity of the Policy.
ASSURED TO NOTE:
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SECTION 12
The following are the salient features for issuing insurance cover against War
and/or SRCC:
The currency for payment of premium should be the same both for
H&M policies and War/SRCC policy.
1. STANDARD CLAUSES
All marine hull policies covering War/SRCC risks should be subject to any of
the following clauses. Any other clause can be incorporated only with the
specific approval of the Head Office.
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NOTE: clauses B to G are applicable for all policies where war risk
insurance is granted as per London War Risk scheme.
This Scheme provides for insurance of Marine Hulls against War Risks by the
Indian Insurance Companies on the understanding that such insurance satisfy
the following conditions and may be wholly reinsured by the companies with
GIC of India, (Indian Reinsurer), on payment of premium received by the
companies:
3) The cover shall be issued for one year period and should be
opted at the inception of a Vessel‘s H&M cover.
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5) Where the risk attaches on any date other than the dates
specified above, premium for the part of the calendar quarter
shall be calculated pro-rata for each month or part thereof.
GIC Rates
b) To revise the premium at any time even during the course of the
year.
(ii) Not withstanding the direction by the GIC Re referred to in the sub-
paragraph (i) (a) above, the Insurer may maintain the insurance in case
the assured agrees prior to the expiry of the said period of 7 days,
at the new rate of premium and/or conditions and/or warranties.
The cover under this Scheme shall be subject to the following warranties,
conditions, exceptions and limitations:-
(A) The Assured warrant that the ship shall be continuously registered in
India - Indian Flag, Ownership or Management.
(i) that the ship shall not engage in any trade/voyage prohibited by
the Government of India
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For all purposes of the Scheme, the Government of India shall have the
sole right of determining what is and what is not a safe port/place or
place of safety and the date which is to be deemed as that of
declaration of war or outbreak of hostilities.
Sale of Vessel
The Assured shall cease to be insured from the date of any transfer of the ship
otherwise than by way of mortgage or a transfer of the management of the
ship by the Assured or his firm unless with the written consent of the insurer.
Assignment
Cancellation Rules
(A) This insurance may be cancelled by either the Insurer or the Assured
giving 7 days notice (such cancellation becoming effective on the expiry
of 7 days from midnight of the day on which notice of cancellation is
issued by or to the Insurer). The Insurer agrees however to reinstate
this insurance subject to agreement between the Insurer and the
Assured prior to the expiry of such notice of cancellation as to new rate
of premium and/or condition and/or warranties.
This coverage shall extend worldwide, but in the event of a Vessel or craft
insured hereunder sailing for, deviating towards, or being within the Territorial
Waters of any of the countries or places described in the Current Exclusions as
set out below (including any post area that at the date of this notice
constitutes part of such a country or places however it may be described )
additional premium shall be paid at the discretion of the Insurers hereon.
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Current Exclusions:
Cover for War/Strikes under Institute clauses can be granted for any
flag, not necessarily an Indian flag.
Cover in respect of the risks of war, etc, may be cancelled by either the
Underwriters or the Assured giving 7 days notice (such cancellation
becoming effective on the expiry of 7 days from midnight of the day on
which notice of cancellation is issued by or to the underwriters). The
Underwriters agree however to reinstate cover subject to agreement
between the Underwriters and the Assured prior to the expiry of such
notice of cancellation as to new rate of premium and /or conditions
and /or warranties.
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The SRCC rates vary depending on the type of H&M cover as follows:
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must ensure that the effective date of cover (i.e. 15 days after
the date of receipt of premium) is clearly indicated in the
endorsement.
5. ASSIGNMENT
War Policies are also not freely assignable. Hence a dated notice of such
assignment is mandatory wherever the policy has to be assigned. The
assignment should be signed by the insured and by the assignor in case of a
subsequent assignment and the same is endorsed on the policy and the policy
with such endorsement should be produced before payment of any
claim/refund of premium.
Agreed Bank Clause shall not be used with any War policy. War policies shall
not be issued in joint names of owners and financiers.
6. BREACH OF WARRANTY
Whenever there is a change in sum insured during the currency of the policy,
the War rate remains the same.
Change in the conditions of insurance will not be permitted during the currency
of the policy. In such case the policy has to be cancelled by mutual agreement
and a fresh policy with the revised condition of insurance have to issued.
9. RENEWAL
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SECTION 13
This section deals with the insurance of a vessel for a specific voyage only and
not for a period. The other sections in the manual viz Section 1/2/3/4 deals
with the insurance of a vessel for a specific period.
TYPES OF VOYAGES
Specific voyage
Delivery voyage
Funeral voyage
Freight at risk when vessel is on voyage.
1. STANDARD CLAUSES
All marine hull voyage policies should be subject to any of the following
clauses. Any other clause can be incorporated only with the specific approval
of the Head Office.
The policy should clearly specify the name of the ports from where the voyage
commences and where the voyage ends.
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The following warranty shall be incorporated in all Policies where the insurance
is accepted and rated on the basis that the Ship is fully classed:
As regards vessels, other than ocean going vessel, viz inland/fishing etc class is
optional.
NOTE: Specific approval is to be obtained from the Head Office if the vessel is
classed with a society not mentioned above.
4. ISM WARRANTY
It is mandatory that all Ocean Going Vessels should have ISM code compliance.
Hence all Hull policies covering ocean going vessels should have the following
warranty
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NOTE: This is not required for vessels other than Ocean Going vessels.
5. DEDUCTIBLE
All policies are subject to a deductible which shall be expressed in amounts and
this deductible should be fixed through out the currency of the policy and does
not change with the change in sum insured during the currency of the policy.
The deductibles are not applicable to Total Loss/Constructive Total Loss claims.
7. ASSIGNMENT
Marine Hull policies are not freely assignable. Hence a dated notice of such
assignment is mandatory wherever the policy has to be assigned. The
assignment should be signed by the insured and by the assignor in case of a
subsequent assignment and the same is endorsed on the policy and the policy
with such endorsement should be produced before payment of any
claim/refund of premium.
Agreed Bank Clause shall not be used with any hull policy. Hull policies shall
not be issued in joint names of the owners and financiers.
8. BREACH OF WARRANTY
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9. STAMP DUTY
As per the Indian Stamp Act, the insured has to pay the stamp duty. There is
also no refund of stamp duty when the policy is cancelled.
The voyage rates are generally based on the annual H&M rate which has to be
calculated as per the relevant sections depending on whether the vessel is
ocean going/inland/fishing/sailing/dredgers. The following steps have to be
followed to arrive at the voyage rate.
STEP 1
The annual H&M rate has to be arrived at based on the type of vessel/age of
the vessel/tonnage of the vessel from the relevant matrix as per the relevant
sections.
STEP 2
Calculate the rate for the voyage from the ‗breach of trading warranty‘ table in
the same section.
STEP 3
Double the rate arrived at from Step 2 to get the voyage rate. This rate is
applicable for the condition of insurance as per Institute Voyage Clauses dt
1.10.83.
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Loading % to be Discount% to be
Conditions of Insurance applied on the applied on the matrix
matrix rate rate
Institute Voyage clauses Hulls dt
1.10.83 with clause 8 amended
5
to include 4/4ths Collision
Liability
Institute Voyage clauses Total
Loss only (including salvage,
20
salvage charges and sue and
labour) dt 1.10.83
Institute Voyage Hulls TL, GA,
3/4ths Collision liability
10
(including Salvage, salvage
charges and sue an labour)
Institute Voyage Hulls TL, GA,
4/ths Collision liability (including
5
Salvage, salvage charges and
sue an labour).
DEDUCTIBLES
NOTE: The deductible may be modified with the concurrence and specific
approval of the Head Office.
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Basic Rate
From Ports and Places in To Ports and places in
(%)
NOTE: For the purpose of this Section, all Ports on the South Coast of Tamil
Nadu upto and including the Gulf of Mannar, will be treated as Ports on the
West Coast of India
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Loading % to be Discount% to be
Conditions of Insurance applied on the applied on the
matrix rate matrix rate
BASIS OF VALUATION
CONDITIONS OF INSURANCE
IVC-Hulls,s Total Loss, General Averages and 3/4ths Collision Liability (including
Salvage, Salvage Charges and Sue and Labour) dated 1-10-83 but warranted
no claim whatsoever admissible in respect either of General Average or
Collision Liability, subject to Excess of Rs……(not less than 1% of H&M Sum
Insured) under Clause No.10.
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11 UNDERWRITING GUIDELINES
The proposal form has to be completely filled and duly signed by the
authorized signatory of the insured
The vessel should have ISM code certification and the ISM warranty
has to be mandatorily mentioned in the policy in the case of ocean
going vessel.
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12 PROPOSAL FORM
TEL/Mobile/Email ID
VESSEL PARTICULARS
5. NAME OF VESSEL
6. FLAG OF VESSEL
7. TYPE OF VESSEL (AS REGISTERED)
8. GROSS REGD. TONNAGE
9. DEAD WEIGHT TONNAGE
(MANDATORY FOR TANKERS AND
BULK CARRIERS)
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GENERAL
31. PREMIUM /CLAIMS IF ANY FOR IF YES PLEASE GIVE US THE DETAILS
THE PAST 5 YEARS FOR THIS IN A SEPARATE SHEET
PARTICULAR VESSEL
34. Is the vessel at present insured with any other insurer? If so, please
give name of the insurer and brief details of the cover.
DECLARATION
I/we the undersigned, hereby declare that the above statements, and
particulars are true and complete and further declare that I/We have not
withheld any information which is calculated to influence the decision of the
Company in accepting the insurance and agree that this declaration shall be
the basis of the contract between me/us and UNITED INDIA INSURANCE
COMPANY LTD.
Date
Place
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(SIGNATURE)
Section 41 of the insurance Act.1938 which is in force from the 1st July 1939,
reads as follow :
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SECTION 14
l. SCOPE:
II. GENERAL:
a. Minimum Premium :
Cover other than on annual basis shall not be granted except in such
cases where the .Short Period Cover is required to coincide with the
accounting year or expiry date of other insurances, in which event pro-
rata annual premium may be charged.
The Policy shall be subject to CRO provision but the retained premium
shall not be less than the minimum premium prescribed hereinabove.
d. Survey Certificate:
The Insured must produce a satisfactory survey report once every three
years at their own cost and such surveys are to be conducted by a firm
of Surveyors approved by the concerned Underwriters.
e. Valuation Certificate :
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Where the subject matter of insurance has been insured for an amount
less than the appropriate value as determined above, the condition of
Average shall apply.
f. Splitting of Values :
g. Collection of Premium:
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b) 0.075%
p.a.[when cover
is as per III (B)]
NOTE: For Jetties located in Sea-waters, 33 1/3% extra over the rates under
(a) & (b) above shall be charged.
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SECTION 15
1. STANDARD CLAUSES
Warranted vessel plying only within the port limits of _______ (name of
Port) with leave to proceed not beyond 12 N.M. from the Prominent
Point of the harbour/port as designated by Port Authorities/Custom
Authorities/Local Authorities.
NOTE: The wordings of the trading warranty can be altered to suit the
requirements of a particular vessel/owner only with the specific approval of the
Head Office.
3. DEDUCTIBLE
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Hull premium can also be collected in 4 equal instalments . The stamp duty has
to be collected in full along with the first instalment. Service tax has to be
collected with each instalment. When there is a total loss/constructive loss
claim the balance premium becomes immediately due and the same has to be
collected as soon as the insurer is aware of such a claim.
The insurer is allowed to collect the instalment premium beyond the due date
provided there are no claims during the period between the due date and the
date of payment. An undertaking to that effect may be collected from the
insured and a suitable endorsement issued.
6. ASSIGNMENT
Marine Hull policies are not freely assignable. Hence a dated notice of such
assignment is mandatory wherever the policy has to be assigned. The
assignment should be signed by the insured and by the assignor in case of a
subsequent assignment and the same is endorsed on the policy and the policy
with such endorsement should be produced before payment of any
claim/refund of premium.
Agreed Bank Clause shall not be used with any hull policy. Hull policies shall
not be issued in joint names of owners and financiers.
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7. BREACH OF WARRANTY
Insurance for less than 12 months may be granted by charging 1/8th of the
annual rate per month or part thereof. No instalment facility will be available.
9. CANCELLATION RULES
The hull policy can be cancelled by the underwriters at any time subject to 30
days notice to the assured or by mutual agreement between the two parties. In
such case the insured is entitled to a refund of pro rata daily net return of
premium on the premium charged for the in commission and /or laid up period.
In the case of sale of vessel the insurance cancels from the time of sale and a
pro rata daily return of premium calculated on the premium charged for the in
commission and /or laid up period.
6. STAMP DUTY
As per the Indian Stamp Act, the insured has to pay the stamp duty. Wherever
instalment facility has been given, the stamp duty has to be collected in full
along with the first instalment premium. There is no refund of stamp duty
when the sum insured is reduced during the currency of the policy. Whereas
further stamp duty has to be collected for the difference in the sum insured
whenever there is an increase in the sum insured during the currency of the
policy. There is also no refund of stamp duty when the policy is cancelled.
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H&M RATE FOR YACHTS used for private pleasure purposes and the
speed limit not exceeding 17 knots.
AGE (IN YEARS)
GRT
<5 YEARS 5 TO 10 10 TO 20 >20
<50 1 1.1 1.35 1.8
50-60 1.04 1.14 1.39 1.84
60-80 1.06 1.16 1.41 1.86
80-90 1.08 1.18 1.43 1.88
90-100 1.1 1.2 1.45 1.9
100 TO 200 1.14 1.24 1.49 1.94
200 TO 400 1.2 1.3 1.55 2
400 TO 600 1.3 1.4 1.65 2.1
600 TO 800 1.34 1.44 1.69 2.14
800 TO 1000 1.4 1.5 1.75 2.2
>1000 1.5 1.6 1.85 2.3
Separate sum has to be mentioned in the policy for this cover and the
same H&M rate to be charged on this sum to arrive at the premium.
8. DEDUCTIBLES
NOTE: The deductible may be modified with the concurrence and specific
approval of the Head Office.
Whenever there is a change in sum insured during the currency of the policy,
the same H&M rate has to be applied. The deductible would also not change.
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Change in the conditions of insurance will not be permitted during the currency
of the policy. In such case the policy has to be cancelled by mutual agreement
and a fresh policy with the revised condition of insurance have to issued.
12. RENEWAL
The vessel has to be rated afresh as per the rating guidelines and then the
claims experience loading/discount has to be given
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Vessel to be used for hire, charter or reward : double the H&M rate
given in the matrix
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17. PROPOSAL
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(SIGNATURE)
Section 41 of the insurance Act.1938 which is in force from the 1 st July 1939,
reads as follow :
No person shall allow, or offer to allow, either directly, or indirectly as an
inducement to any person to takeout or renew, or continue an insurance in
respect of risk relating to lives or property in India any rebate of whole or
part of the commission payable or any rebate of the premium shown on the
Policy, nor shall any person taking out or renewing or continuing a policy
accept any rebate, except such rebate as may be allowed in accordance with
published prospectus or tables of the insurer.
THE OFFER PAYMENT OR ACCEPTANCE OF A REBATE OF THE
PREMIUM HEREUNDER IS THEREFORE A BREACH OF THE LAW
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SECTION 16
A typical marine hull claim is basically governed by the Marine Insurance Act
and the relevant Institute clauses to which the policy of insurance for that type
of vessel is subject to.
The different types of losses which are peculiar to any marine insurance
contract have been defined in the Marine Insurance Act as detailed below:
TOTAL LOSS
Section 56 of the MI Act states that there are two types of total losses viz
Actual Total Loss and Constructive Total Loss.
The loss to the subject matter can be termed as Actual Total loss in the
following situations
The loss to the subject matter is termed as Constructive Total Loss in the
following situations:
1. It is unlikely that the assured can recover the ship ie that actual total
loss appearing to be unavoidable.
2. The cost of recovering the ship would exceed the value of the ship
3. In case of a damaged ship, the cost of repairing the damage would
exceed the insured value of the ship when repaired.
It is a necessary condition for the assured to abandon the vessel to claim the
loss as Constructive Total Loss.
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The assured has to abandon the vessel and give Notice of Abandonment to
claim Constructive Total loss. If he fails to do so then the loss would be treated
as a partial loss.
When there is a valid abandonment the underwriter is entitled to take over full
proprietary rights in the vessel, however this would also mean acquiring any
potential liabilities, and so they invariably do not. The Notice is usually
therefore declined but the underwriter agrees to put the assured in the same
position as if a writ had been issued on that day. Notwithstanding the refusal
of the notice the underwriters are entitled to any net proceeds of sale of the
wreck since the assured would clearly be over indemnified if he received the
full insured value and retained the proceeds.
Any loss other than a total loss (as already defined), is a partial loss.
The perils which are insured are listed out in the relevant Institute clauses. All
Institute Hull clauses are named perils clauses. Hence the responsibility for
proving that the loss has been proximately caused by an insured peril lies upon
the party making the claim. Once the insured has made a prima facie case that
the loss or damage has occurred as a result of a peril insured against, the
burden of proof then shifts to the underwriters to set a counter argument that
the loss or damage resulted from a peril not insured against or is otherwise
excluded.
Measure of Indemnity: Where the ship has been repaired, the reasonable cost
of the repairs, less the deductibles, but not exceeding the sum insured in
respect of any one casualty.
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are called particular charges. Particular charges are not included in particular
average.
EXTRA CHARGES
ii) Legal Fees: Arising out of collision claim, the legal expenses
incurred are payable under the hull policy.
The 1989 Salvage Convention defines salvage operation as ‗any act or activity
undertaken to assist a vessel or any other property in danger in navigable
waters or in any other waters whatsoever.‘
For the service to be called Salvage it is essential that the subject matter
should be in a position of danger and the service should be voluntary and the
subject should be saved at the end of the salvage operations.
The general principle is that the salvage is paid by the various salved interests
in the proportion to their salved value and hence the salvage expenses are
treated on the same lines as a general average expenditure and is payable
under the policy which expressly covers the loss.
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iv) The action should be for the common safety and not merely for
the safety of part of the property involved.
The purpose of a sue and labour clause is simple-if the insured incurs
expenditure when averting or minimizing a loss, the insurer will reimburse him.
In the current Institute clauses this is referred to as the ‗Duty of Assured‘
clause.
The key features of a valid Sue and Labour Charge are as follows:
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Successive partial losses are payable under a hull policy even though the total
amount of such losses may exceed the sum insured. Successive losses do not
reduce the sum insured and no additional premium is required to reinstate the
sum insured. Thus, the insurer may pay partial losses plus a total loss occurring
during the policy period.
COLLISION LIABILITY
While some clauses cover collision liabilities in full, others like ITC hull dt
1.10.83 cover only 3/4th of the collision liability and the balance is covered by
the P&I clubs. The legal costs are also payable in the same proportion.
In view of :
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(a) General
Deck and engine room log books covering the casualty, and, if
possible, the repair period(s), as they contain details of all material
events relating to the ship entered in the log at the time of their
occurrence.
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iv) Total Loss claim can be settled on the basis of the statements and
documents, as also the investigator's / surveyor's report as the case
may be if the circumstances are found to be reasonably acceptable.
As per Marine Insurance Act, following acceptance of a claim for
Total Loss of a vessel, the insurers become entitled to the wreck or
the proceeds thereof, if any. However, before enforcing such
entitlement , it is advisable to ascertain whether or not any liability,
statutory or otherwise, is a reasonably likely to attach to such wreck
or proceeds thereof.
vii) Claims occurring in foreign waters should be dealt with in the same
manner as in the case of oceangoing vessels.
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DOCUMENTATION OF CLAIMS
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iv) Weather Report for the relevant place, date and time from the
competent authority in case Adverse Weather Warranty is
involved.
N.B. - Marine Casualty form is available only if any member of the crew
including tindal has survived the casualty or if all the crew members including
the Tindal has survived the casualty. If all the crew members including the
Tindal employed in the particular adventure die due to the casualty or are
missing beyond trace, the Marine Casualty Form is not issued by Mercantile
Marine Department as no statement from any of the crew regarding the
casualty can be recorded by the Department. However, in such cases, the
Mercantile Marine Department issues a certificate confirming that the casualty
has been reported to them.
vii) Police Report for claims within the territorial waters and for SRCC
claims.
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xii) For claims other than TL/CTL, the applicable deductible should be
first deducted from the total claim amount as provided for in the
clauses attached to and forming part of the policy.
i) Certificate of Inspection
ii) Free Board Certificate before commencement of the voyage;
iii) Cargo Manifest
iv) Load Line Certificate
v) Port Clearance Certificate
Since these are fixed structures and are included in the Hull Department more
as an extension of the principles of Hull Insurance than for any other reason, in
the even of losses it is advisable to process such claims as ―Engineering
Claims‖ and proceed accordingly.
Situations, which are not explicitly provided for here, should be handled in
consultation with the Competent Authority/Head Office.
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ANNEXURES
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CONTENTS
SHIPPING/HULL INSURANCE
4 TERMINOLOGIES 237
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THE COMPANY HEREBY PROMISES AND AGREES with the ASSURED their
Executors, Administrators and Assigns that the Company will insure against loss
damage liability or expense subject to the clauses, endorsements, conditions and
warranties contained in the schedule and / or attached hereto.
SCHEDULE
POLICY NO. PERIOD
INSURED
(Name & address)
VESSEL GRT/DWT/BHP YEAR BUILT
INTEREST INSURED
AMOUNT INSURED HEREUNDER
INTEREST H&M I.V. OTHER(SPECIFY) TOTAL
SUM INSURED
RATE
PREMIUM TRADING WARRANTIES
DESCRIPTION PREMIUM AMOUNT
HULL & MACHINERY
INCREASED VALUE
TOTAL
SRCC
TOTAL
SERVICE TAX
STAMP DUTY
TOTAL
CLAUSE(S) AND/OR -As per attached & forming part of the Policy. -
ENDORSEMENT (S)
CO-INSURANCE, IF ANY As per attached & forming part of the policy.
SPECIAL CONDITION -The interest of Manager/Technical Operators will be noted here-
& WARRANTIES
NOTICE OF LOSS : In the event of loss or damage which may involve a claim
under this insurance, immediate notice thereto and application for survey should
be given to the policy issuing office and when abroad also to the nearest Lloyd‘s
agent.
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INSTALMENTS
FIRST SECOND THIRD FOURTH
PREMIUM
S.TAX in Rs.
STAMP DUTY in Rs.
TOTAL
PAYABLE ON OR BEFORE
All the above instalments will fall due and are payable on or before
00.00hrs of the above dates.
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Ships are difficult to classify, mainly because there are so many criteria to base
classification on.
3. The shape and size, giving categories like dinghy, keelboat, and
icebreaker.
Another way to categorize ships and boats is based on their use. This system
includes military ships, commercial vessels, fishing boats, pleasure craft and
competitive boats. In this section, ships are classified using the first four of
those categories, and adding a section for lake and river boats, and one for
vessels which fall outside these categories.
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Passenger ships range in size from small river ferries to giant cruise ships.
This type of vessel includes ferries, which move passengers and vehicles on
short trips; ocean liners, which carry passengers on one-way trips; and cruise
ships, which typically transport passengers on round-trip voyages promoting
leisure activities aboard and in the ports they visit.
Special-purpose vessels are not used for transport but are designed to perform
other specific tasks. Examples include tugboats, pilot boats,rescue
boats, cable ships, research vessels, survey vessels, and ice breakers
Most commercial vessels have full hull-forms to maximize cargo capacity. Hulls
are usually made of steel, although aluminum can be used on faster craft, and
fiberglass on the smallest service vessels. Commercial vessels generally have a
crew headed by a captain, with deck officers and marine engineers on larger
vessels. Special-purpose vessels often have specialized crew if necessary, for
example scientists aboard research vessels. Commercial vessels are typically
powered by a single propeller driven by a diesel engine] Vessels which operate
at the higher end of the speed spectrum may use pump-jet engines or
sometimes gas turbine engines
There are many types of naval vessels currently and through history. Modern
naval vessels can be broken down into three categories:
warships submarines, and support and auxiliary vessels.
Modern warships are generally divided into seven main categories, which
are: aircraftcarriers, cruisers, destroyers, frigates, corvettes,
submarines and amphibious assault ships. Battleships encompass an
eighth category, but are not in current service with any navy in the world.
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Most navies also include many types of support and auxiliary vessels, such
as minesweepers, patrol boats, offshore patrol vessels, replenishment
ships, and hospital ships which are designated medical treatment facilities
Combat vessels like cruisers and destroyers usually have fine hulls to maximize
speed and maneuverability. They also usually have advanced electronics and
communication systems, as well as weapons.
Fishing vessels are a subset of commercial vessels, but generally small in size
and often subject to different regulations and classification. They can be
categorized by several criteria: architecture, the type of fish they catch, the
fishing method used, geographical origin, and technical features such as
rigging. Fishing boats are generally small, often little more than 30 meters
(98 ft) but up to 100 metres (330 ft) for a large tuna or whaling ship. Aboard a
fish processing ship the catch can be made ready for market and sold more
quickly once the ship makes port. Special purpose vessels have special gear.
For example, trawlers have winches and arms, stern-trawlers have a rear
ramp, and tuna seiners have skiffs.
Modern commercial fishermen use many methods. One is fishing by nets such
as , purse seine beach seine, lift nets, ,gillnets or entangling nets. Another
is ,trawling including bottom trawl Hooks and lines are used in methods
like long line fishingand hand line fishing. Another method is the use
of fishing trap.
A weather ship was a ship stationed in the ocean as a platform for surface
and upper air meteorological observations for use in weather forecasting..
Many types of boats and ships are designed for inland and coastal waterways.
These are the vessels that trade upon the lakes, rivers and canals.
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with this type of configuration as they do not have to withstand the high winds
or large waves that are seen on large lakes, seas, or oceans.
Lake freighters, also called lakers, are cargo vessels that ply the Great
Lakes.. These vessels are traditionally called boats, not ships. Visiting ocean-
going vessels are called "salties." Because of their additional beam, very large
salties are never seen inland of the Saint Lawrence Seaway. Because the
smallest of the Soo Locks is larger than any Seaway lock, salties that can pass
through the Seaway may travel anywhere in the Great Lakes. Because of their
deeper draft, salties may accept partial loads on the Great Lakes, "topping off"
when they have exited the Seaway. Similarly, the largest lakers are confined to
the Upper Lakes (Superior, Michigan, Huron, Erie because they are too large to
use the Seaway locks, beginning at the Welland Canal that bypasses
the Niagara River.
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Notice Of The assured has to abandon the vessel and give Notice
Abandonment of Abandonment to claim Constructive Total loss. If he
fails to do so then the loss would be treated as a partial
loss.
Ordinary Freight freight payable by the cargo owner to the shipowner for
transporting his goods
Outboard Bound to leave the safety of port, heading for the open ocean
Partial Loss any loss other than a total loss is a partial loss. It
includes Particular average, salvage and general
average and particular charges
Particular this is a partial loss of the subject matter insured,
Average: caused by an insured peril and which is not a general
average loss
Particular Charges expenses incurred by or on behalf of the assured for the
safety or preservation of the subject matter insured
other than general average and salvage charges are
called particular charges. Particular charges are not
included in particular average.
Passageway hallway of a ship
Passenger Ship ship carrying more than twelve passengers;
Perils Of The Sea Refers to extraordinary forces of nature that maritime
ventures might encounter in the course of a voyage.
Some examples of these perils include stranding,
sinking, collision, heavy wave action, and high winds.
Perils Clause The ―perils clause‖ of a marine property policy lists the
causes of loss covered by the policy. The perils of
principal importance covered by hull and cargo policies
are the ―perils of the seas,‖ which do not include every
loss that occurs on the sea, but only accidental,
unanticipated losses occurring through extraordinary
action of the elements at sea, as well as mishaps in
navigation such as collision with another vessel or
running aground.
Pilot Navigator. A specially knowledgeable person qualified to
navigate a vessel through the difficult waters
Pontoon a flat bottomed vessel used as a ferry, barge, car float
or a float moored alongside a jetty or vessel to facilitate
boarding
Poop Deck a high deck on the aft superstructure of a ship
Port Side The right hand side of a ship
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insured peril.
Superstructure the parts of a ship/boat that project above her main
deck
Classification surveyors of the classification society watch the
Society constuction of a ship to confirm it in accordance with the
construction plan. When construction is complete, they
assign a ―class‖ to a ship and include the ship society‘s
register and ― certificate of class‖ is issued to a ship. All
repairs to hull, machinery or equipement must be
carried out under the superivision of society‘s surveyor.
Failing to which , the class can be withdrawn or
suspended.
Sway a vessel's lateral motion from side to side
Tailshaft a kind of metallic shafting to hold the propellor and
connected to the power engine
Territorial Waters
Time Policy where the contract of insurance is for a definite period
of time
Total Loss the loss may either be an actual total loss or a
constructive total loss
Towing the operation of drawing a vessel forward by means of
long lines
Trading Warranty The geographical operational area or nautical miles
within which the vessel is allowed to ply
Trim Inclination of a vessel in the fore and aft direction while
afloat
Under-Insurance where the subject is insured for an amount less than the
policy valuation in the case of a valued policy, the
assured is deemed to be his own insurer in respect of
the uninsured balance.
Underway Passage of a ship through the water
Unvalued Policy a policy which does not specify the value of the subject
matter insured , but subject to the limit of the sum
insured, leaves the insurable value to be subsequently
ascertained.
Valued Policy policy which speficies the agreed value of the subject
matter insured. In the absence of fraud, the value fixed
by the policy is, as between the insurer and assuered,
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20.7.87
1 NAVIGATION
The Vessel has leave to proceed to and from any wet or dry docks harbours ways
cradles and pontoons, within the limits specified in this insurance.
2 TERMINATION
Unless Underwriters agree to the contrary in writing, this insurance shall terminate
automatically at the time of
3 ASSIGNMENT
4 PERILS
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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.
In no case shall this insurance cover loss damage liability or expense caused by
earthquake or volcanic eruption. This exclusion applies to all claims including
claims under Clauses 7, 9, 11 and 13.
6 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 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 6 should they hold shares in
the Vessel.
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7 COLLISION LIABILITY
7.1 The Underwriters agree to indemnify the Assured for 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
7.3 The Underwriters will also pay 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
7.4 Provided always that this Clause 7 shall in no case extend to any
sum which the Assured shall pay for or in respect of
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8 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.
9.1 The Underwriters agree to indemnify the Assured for any sum or
sums paid by the Assured to any other person or persons by reason of the
Assured becoming legally liable, as owner of the Vessel, for any claim,
demand, damages and/or expenses, where such liability is in
consequence of any of the following matters or things and arises from an
accident or occurrence during the period of this insurance:
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9.2 The Underwriters agree to indemnify the Assured for any of the
following arising from an accident or occurrence during the period of this
insurance:
EXCLUSIONS
9.3 Notwithstanding the provisions of Clauses 9.1 and 9.2 this Clause 9
does not cover any liability cost or expense arising in respect of:
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9.5 Where the Assured or the Underwriters may or could have limited
their liability the indemnity under this Clause 9 in respect of such liability
shall not exceed Underwriters' proportionate part of the amount of such
limitation.
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9.7.2 the Assured shall not admit liability for or settle any
claim for which he may be insured under this Clause 9 without the
prior written consent of the Underwriters.
10.2 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.
10.3 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 time lost between the despatch 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.
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11.3 No claim under this Clause 11 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.
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 Clauses 7, 9, 11
and 13) 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 12.1 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 13 arising from the same accident or
occurrence.
13.1 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
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13.3 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.
13.4 When expenses are incurred pursuant to this Clause 13 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.
13.5 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.
15 BOTTOM TREATMENT
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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, with the agreement
of the Underwriters, 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
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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 DISBURSEMENTS WARRANTY
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To return pro rata monthly net for each uncommenced month if this insurance be
cancelled either by agreement or by the operation of Clause 2 provided that a total
loss of the Vessel, whether by insured perils or otherwise, has not occurred during
the period of this insurance or any extension thereof.
22 WAR EXCLUSION
In no case shall this insurance cover loss damage liability or expense caused by
22.1 war civil war revolution rebellion insurrection, or civil strife arising
therefrom, or any hostile act by or against a belligerent power
23 STRIKES EXCLUSION
In no case shall this insurance cover loss damage liability or expense caused by
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In no case shall this insurance cover loss damage liability or expense arising from
24.2 any weapon of war and caused by any person acting maliciously
or from a political motive.
25 NUCLEAR EXCLUSION
In no case shall this insurance cover loss damage liability or expense arising from
any weapon of war employing atomic or nuclear fission and/or fusion or other like
reaction or radioactive force or matter.
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1.10.83
1 NAVIGATION
2 CONTINUATION
3 BREACH OF WARRANTY
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Underwriters immediately after receipt of advices and any amended terms of cover
and any additional premium required by them be agreed.
4 TERMINATION
Unless the Underwriters agree to the contrary in writing, this insurance shall
terminate automatically at the time of
5 ASSIGNMENT
6 PERILS
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6.1.4 jettison
6.1.5 piracy
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 threat thereof, resulting directly from damage to the Vessel for which
the Underwriters are liable under this insurance, provided 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
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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
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9 SISTER SHIP
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.
10.2 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.
10.3 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 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 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
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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.
11.3 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 deemed to be terminated.
11.4 No claim under this Clause 11 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.
12 DEDUCTIBLE
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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.
13.1 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.
13.3 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.
13.4 When expenses are incurred pursuant to this Clause 13 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.
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13.5 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.
15 BOTTOM TREATMENT
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.
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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
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
21 DISBURSEMENTS WARRANTY
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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 (a) and (b) respectively.
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23 WAR EXCLUSION
In no case shall this insurance cover loss damage liability or expense caused by
23.1 war civil war revolution rebellion insurrection, or civil strife arising
therefrom, or any hostile act by or against a belligerent power
24 STRIKES EXCLUSION
In no case shall this insurance cover loss damage liability or expense caused by
In no case shall this insurance cover loss damage liability or expense arising from
25.2 any weapon of war and caused by any person acting maliciously or
from a political motive.
26 NUCLEAR EXCLUSION
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20.7.87
1.2 Any part or parts of the subject-matter insured are covered subject
to the provisions of this insurance whilst ashore for the purpose of repair,
overhaul or refitting, including transit from and to the Vessel.
1.3 In the event of the Vessel sailing with an 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
1.3 shall affect claims under Clauses 8, 18 or 20.
2 CONTINUATION
3 BREACH OF WARRANTY
4 TERMINATION
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Unless the Underwriters agree to the contrary in writing, this insurance shall
terminate automatically at the time of
4.3 requisition for title or use of the Vessel. However, in the event of
requisition or 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.
5 ASSIGNMENT
6 PERILS
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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 threat thereof, resulting directly from damage to the Vessel for which
the Underwriters are liable under this insurance, provided 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 7 should they hold shares in
the Vessel.
8.1 Any claim for general average and salvage to be on the basis of an
adjustment according to the York-Antwerp Rules 1974 if so required by the
Underwriters but the insured value of Hull and Machinery to be taken as
the contributory value without deduction.
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8.2 No claim under this Clause 8 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.
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The Underwriters to pay the cost of wages and maintenance of members of crew
necessarily retained whilst the vessel is undergoing repairs for which the
Underwriters are liable under this insurance.
10.1 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.
10.3 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.
10.4 When expenses are incurred pursuant to this Clause 10 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.
10.5 Where 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 the Underwriters
shall pay the expenses, or the expenses in excess of the proceeds, as the
case may be.
12 DEDUCTIBLE
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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 Clauses 8, 10, 18
or 20) 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 12.1 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 10 arising from
the same accident or occurrence.
Notwithstanding any provision to the contrary in this insurance a claim for loss of
or damage to any machinery, shaft, electrical equipment or wiring, boiler
condenser heating coil or associated pipework, arising from any of the perils
enumerated in Clauses 6.2.2 to 6.2.5 inclusive above or from fire or explosion
when either has originated in a machinery space, shall be subject to a deductible
of ............................................................... Any balance remaining, after
application of this deductible, with any other claim arising from the same accident
or occurrence, shall then be subject to the deductible in Clause 12.1.
The provisions of Clauses 12.2 and 12.3 shall apply to recoveries and interest
comprised in recoveries against any claim which is subject to this clause.
This Clause shall not apply to a claim for total or constructive total loss of the
Vessel.
14 BOTTOM TREATMENT
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15 FISHING GEAR
15.1 caused by fire lightning or violent theft by persons from outside the
Vessel
15.2 totally lost as a result of the total loss of the Vessel by insured
perils.
16 UNREPAIRED DAMAGE
17.2 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.
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18 COLLISION LIABILITY
18.1 The Underwriters agree to indemnify the Assured for 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
18.3 The Underwriters will also pay 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
18.4 Provided always that this Clause 18 shall in no case extend to any
sum which the Assured shall pay for or in respect of
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19 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.
20.1 The Underwriters agree to indemnify the Assured for any sum or
sums paid by the Assured to any other person or persons by reason of the
Assured becoming legally liable, as owner of the Vessel, for any claim,
demand, damages and/or expenses, where such liability is in consequence
of any of the following matters or things and arises from an accident or
occurrence during the period of this insurance:
20.2 The Underwriters agree to indemnify the Assured for any of the
following arising from an accident or occurrence during the period of this
insurance:
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EXCLUSIONS
20.3.4 passengers
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20.5 Where the Assured or the Underwriters may or could have limited
their liability the indemnity under this Clause 20 in respect of such liability
shall not exceed Underwriters‘ proportionate part of the amount of such
limitation.
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20.7.2 the Assured shall not admit liability for or settle any
claim for which he may be insured under this Clause 20 without the
prior written consent of the Underwriters.
21.2 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.
21.3 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 time lost between the despatch 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
Underwriter‘s approval.
21.4 In the event of failure to comply with the conditions of this Clause
21 a deduction of 15 % shall be made from the amount of the ascertained
claim.
22 DISBURSEMENTS WARRANTY
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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.
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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
25 STRIKES EXCLUSION
In no case shall this insurance cover loss damage liability or expense caused by
In no case shall this insurance cover loss damage liability or expense arising from
26.2 any weapon of war and caused by any person acting maliciously or
from a political motive.
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27 NUCLEAR EXCLUSION
In no case shall this insurance cover loss damage liability or expense arising from
any weapon of war employing atomic or nuclear fission and/or fusion or other like
reaction or radioactive force or matter.
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1.11.85
INSTITUTE YACHT CLAUSES
1 VESSEL
Vessel means the hull, machinery, boat(s), gear and equipment, such as would
normally be sold with her if she changed hands.
2.2 Notwithstanding Clause 2.1 above the gear and equipment, including
outboard motors, are covered subject to the provisions of this insurance
while in place of storage or repair ashore.
3.1 Warranted not navigating outside the limits stated in the Schedule to the
policy or, provided previous notice be given to the Underwriters, held
covered on terms to be agreed.
3.2 Warranted to be used solely for private pleasure purposes and not for hire
charter or reward, unless specially agreed by the Underwriters.
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4 LAID UP WARRANTY
Warranted laid up out of commission as stated in the Schedule to the policy, or held
covered on terms to be agreed provided previous notice be given to the
Underwriters.
5 SPEED WARRANTY
5.1 Warranted that the maximum designed speed of the Vessel, or the parent
Vessel in the case of a Vessel with boat(s), does not exceed 17 knots.
5.2 Where the underwriters have agreed to delete this warranty, the conditions
of the Speedboat Clause 19 below shall also apply.
6 CONTINUATION
7 ASSIGNMENT
8 CHANGE OF OWNERSHIP
8.1 Should the Vessel be sold or transferred to new ownership, or, where the
Vessel is owned by a company, should there be a change in the
controlling interests of the company, then, unless the Underwriters agree
in writing to continue the insurance, this insurance shall become cancelled
from the time of such sale transfer or change and a pro rata daily net
return of premium be made calculated on the premium charged for the in
commission and/or laid up period.
8.2 If however the Vessel shall have left her moorings or be at sea at the time
of sale or transfer such cancellation shall if required by the Assured be
suspended until arrival at port or place of destination.
9 PERILS
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9.2 and, provided such loss or damage has not resulted from want of due
diligence by the Assured Owners or Managers, this insurance covers
9.2.1.2 explosions
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9.3 this insurance covers the expense of sighting the bottom after a stranding,
if reasonably incurred specially for that purpose, even if no damage be
found.
10 EXCLUSIONS
10.2 ship's boat having a maximum designed speed exceeding 17 knots, unless
such boat is specially covered herein and subject also to the conditions of
the Speedboat Clause 19 below, or is on the parent Vessel or laid up
ashore
10.3 ship's boat not permanently marked with the name of the parent Vessel
10.4 sails and protective covers split by the wind or blown away while set,
unless in consequence of damage to the spars to which sails are bent, or
occasioned by the Vessel being stranded or in collision or contact with any
external substance (ice included) other than water
10.5 sails, masts, spars or standing and running rigging while the Vessel is
racing, unless the loss or damage is caused by the Vessel being stranded,
sunk, burnt, on fire or in collision or contact with any external substance
(ice included) other than water
10.8 sheathing, or repairs thereto, unless the loss or damage has been caused
by the Vessel being stranded, sunk, burnt, on fire or in collision or contact
with any external substance (ice included) other than water
10.10 motor and connections (but not strut shaft or propeller) electrical
equipment and batteries and connections, where the loss or damage has
been caused by heavy weather, unless the loss or damage has been
caused by the Vessel being immersed, but this clause 10.10 shall not
exclude loss or damage caused by the Vessel being stranded or in collision
or contact with another vessel, pier or jetty.
This clause only to apply when a sum is stated for this purpose in the
Schedule to the policy
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11.1 The Underwriters agree to indemnify the Assured for any sum or sums
which the Assured shall become legally liable to pay and shall pay, by
reason of interest in the insured Vessel and arising out of accidents
occurring during the currency of this insurance, in respect of
The underwriters will also pay, provided their prior written consent has
been obtained.
11.2.1 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
11.3 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.
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This insurance also to pay the expenses, after deduction of the proceeds of
the salvage, of the removal of the wreck of the insured Vessel from any
place owned, leased or occupied by the Assured.
Should Clause 11.6.3 and/or Clause 11.6.4 above be deleted, the liabilities
mentioned in such clause(s) shall be covered hereunder, subject always to
the warranties, conditions and limits of this insurance.
The liability of the Underwriters under this Clause 11, in respect of any one
accident or series of accidents arising out of the same event, shall in no
case exceed the sum stated for this purpose in the Schedule to the policy,
but when the liability of the Assured has been contested with the consent
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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 Clauses 11, 14 and
15) exceeds the amount stated for this purpose in the Schedule to the
policy, in which case this sum shall be deducted. This Clause 12.1 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 15 arising from
the same accident or occurrence.
12.2 Prior to the application of Clause 12.1 above and in addition thereto,
deductions new for old not exceeding one-third may be made at the
Underwriters' discretion in respect of loss of or damage to
13.1 Prompt notice shall be given to the Underwriters in the event of any
occurrence, which may give rise to a claim under this insurance, any theft
or malicious damage shall also be reported promptly to the police.
13.2 Where loss or damage has occurred, notice shall be given to the
Underwriters prior to survey and, if the vessel is abroad, also to the
nearest Lloyd's Agent so that a surveyor may be appointed to represent
the Underwriters should they so desire.
13.3 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 Underwriters' requirements being
refunded to the Assured) and shall have a right of veto concerning a place
of repair or a repairing firm.
13.4 The Underwriters may also take tenders or may require tenders to be
taken for the repair of the Vessel.
14 SALVAGE CHARGES
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15 DUTY OF ASSURED
15.1 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.
15.2 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, collision defence or attack costs and costs incurred by the Assured
in contesting liability covered by Clause 11.2 are not recoverable under this
Clause 15.
15.3 The Assured shall render to the Underwriters all possible aid in obtaining
information and evidence should the Underwriters desire to take
proceedings at their own expense and for their own benefit in the name of
the Assured to recover compensation or to secure an indemnity from any
third party in respect of anything covered by this insurance.
15.4 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.
15.5 The sum recoverable under this Clause 15 shall be in addition to the loss
otherwise recoverable under this insurance but in no circumstances shall
amounts recoverable under Clause 15.2 exceed the sum insured under this
insurance in respect of the Vessel.
16 UNREPAIRED DAMAGE
16.1 The measure of indemnity in respect of claims for unrepaired damage shall
be the 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.
16.2 In no case shall the Underwriters be liable for 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.
16.3 The Underwriters shall not be liable in respect of unrepaired damage for
more than the insured value at the time this insurance terminates.
17.1 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
damaged or break-up value of the Vessel or wreck shall be taken into
account.
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17.2 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.
18 DISBURSEMENTS WARRANTY
Warranted that no amount shall be insured policy proof of interest or full interest
admitted for account of the Assured, Mortgages or Owners on disbursements,
commission, profits or other interests or excess or increased value of hull or
machinery however described unless the insured value of the Vessel is over £50,000
and then not to exceed 10 per cent of the total amount insured in respect of the
Vessel as stated in the Schedule to the policy.
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.
19 SPEEDBOAT CLAUSE
19.4 If the Vessel is fitted with inboard machinery no liability shall attach to this
insurance in respect of any claim caused by or arising through fire or
explosion unless the Vessel is equipped in the engine room (or engine
space) tank space and galley, with a fire extinguishing system
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This insurance may be cancelled by the Underwriters at any time subject to 30 days
notice to the Assured or by mutual agreement, when a pro rata daily net return of
premium shall be made calculated on the premium Charged for the in commission
and/or laid up period.
21 WAR EXCLUSION
In no case shall this insurance cover loss damage liability or expense caused by
21.1 war civil war revolution rebellion insurrection or civil strife arising therefrom
or any hostile acts by or against belligerent power
In no case shall this insurance cover loss damage liability or expense caused by
23 NUCLEAR EXCLUSION
In no case shall this insurance cover loss damage liability or expense arising from
23.1 any weapon of war employing atomic or nuclear fission and/or fusion or
other like reaction or radioactive force or matters.
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1.7.76
INSTITUTE WARRANTIES
1 Warranted no
(a) Atlantic Coast of North America, its rivers or adjacent islands,
(i) north of 52 10' N Lat, and west of 50 W. Long:
(ii) south of 52 10' N. Lat in the area bounded by lines drawn between
Battle Harbour / Pistolet Bay; Cape Ray/Cape North; Port
Hawkesbury/Port Mulgrave and Baie Comeau/Matane, between 21st
December and 30th April both days inclusive.
(iii) west of Baie Comeau/Matane (but not west of Montreal) between 1st
December and 30th April both days inclusive.
(b) Great Lakes or St. Lawrence Seaway west of Montreal.
(c) Greenland Waters.
(d) Pacific Coast of North America its rivers or adjacent islands north of 54 30'
N. Lat., or west of 130 50' W. Long.
2 Warranted no Baltic Sea or adjacent waters east of 15 E. Long.
(a) North of a line between Mo (63 24' N. Lat) and Vasa (63 06' N. Lat.)
between 10th Decemebr and 25th May b.d.i.
(b) East of a line between Viipuri (Vyborg) (28 47' E. Long.) and Narva (28
12' E. Long.) between 15th December and 15th May b.d.i.
(c) North of a line between Stockholm (59 20' N. Lat.) and Tallinn (59 24' N.
Lat.) between 8th January and 5th May b.d.i.
(d) East of 22 E. Long, and south of 59 N. Lat. between 28th December and
5th May b.d.i.
3 Warranted not North of 70 N. Lat. other than voyages direct to or form any port
or place in Norway or Kola Bay.
4 Warranted no Behring Sea, no East Asian waters north of 46 N. Lat. and to enter
or sail from any port or place in Siberia except Nakhodka and/or Vladivostock.
5 Warranted not to proceed to Kerguelen and/or Croset Islands or south of 50 S.
Lat., except to ports and/or places in Patagonia and/or Chile and/or Falkland Islands,
but liberty is given to enter waters south of 50 S. Lat., if enroute to or from ports
and/or places not excluded by this warranty.
6 Warranted not to sail with Indian Coal as cargo:
(a) Between 1st March and 30th June, b.d.i.
(b) Between 1st July and 30th September, b.d.i. except to ports in Asia, not West
of Aden or East of or beyond Singapore.
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ISM WARRANTY
Warranted that insured obtain requisite certificates from the concerned authorities in
compliance with the ISM code in respect of those vessels for which ISM code has been
made mandatory effective from 1st July 1998 failing which the insurance cover granted
under the policy shall exclude all liabilities arising from non-compliance of the ISM code.
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14.5.87
Agreed by the Association of Average Adjusters and the Institute of London Underwriters
ASSURED
1 This insurance is effected for account of all parties concerned in the property and
freight at risk as interest may appear.
DURATION
2 2.1 This insurance shall attach as the disbursements costs and charges
specified in Clause 4 are incurred or as liability for advancing such
disbursements costs and charges is incurred.
Provided that no risk shall attach in respect of loss of or damage to the
property and freight at risk occurring prior to the agreed time of
attachment as stated herein.
2.2 This insurance shall continue until termination of the common maritime
adventure in accordance with the provisions for General Average in the
contract of affreightment or in the absence of such provisions in
accordance with the governing law and practice.
Provided that in the event of discharge, reshipment, transshipment, delay
or forwarding by any other vessel, craft or conveyance, prompt notice
shall be given to the Underwriters and an additional premium agreed if
required.
DEVIATION OR CHANGE OF VOYAGE
3 3.1 The vessel or forwarding vessel or craft has leave to call at any ports or
places in any order for any purpose whatsoever and to dry dock with or
without cargo on board
3.2 Held covered subject to prompt notice and to a reasonable additional
premium if required in the event of a change of voyage
SUBJECT-MATTER INSURED
4 This insurance is in respect of general average disbursements and salvage and
salvage charges inclusive of costs.
AMOUNT INSURED
5 5.1 The insurable value of the subject-matter shall be the amount finally
ascertained in respect of the disbursements costs and charges described
in Clause 4 plus the charges of insurance thereon.
5.2 The insurance shall be opened for the estimated amount of such
disbursemensts costs and chargs at the inception of the risk. If found to
be deficient this may be increased by not more than 25% subject to a
pro rata additional premium.
5.3 If the amount provisionally insured in accordance with Clause 5.2 a pro
rata return of premium shall be allowed.
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COVER
6 6.1 Except as provided in Clause 11 and subject to the provisions of Clause 7
this insurance covers extinction or reduction of the contributory value of
the property as freight at risk arising from
6.1.1 the risks of loss of or damage of such property or freight
6.1.2 special charges or other expense incurred to avert or minimise
such loss or damage
6.1.3 contributions to any subsequent General Average
6.1.4 damage or injury to third parties during the period of this
insurance.
6.2 Contributory values to be calculated in accordance with the provisions for
General Average in the contract of affreightment or in the absence of
such provisions in accordance with the governing law and practice.
MEASURE OF INDEMNITY
7 In the event of loss covered by this insurance the measure of indemnity shall be
7.1 Where there are no contributory values, the amount insured.
7.2 Where the contributory valued calculated in accordance with Clause 6.2
have been reduced, such proportion of the insurable value as the
reduction bears to such contributory values as they would have been but
for the loss.
If the total of the disbursements costs and charges is not fully insured
hereunder the amount payable shall be reduced in proportion to the
under-insurance.
SEAWORTHINESS
8 Seaworthiness and fitness of vessel, container, craft and conveyances for the safe
carriage of the cargo is admitted.
BENEFIT OF INSURANCE
9 This insurance is without benefit of any other insurance.
LAW AND PRACTICE
10 This insurance is subject to English law and practice
The following clause shall be Paramount and shall override anything in this
insurance inconsistent therewith.
EXCLUSIONS
11 This insurance excludes any claim arising from
11.1 willful misconduct of the Assured but this exclusion shall not defeat a
claim hereunder by an innocent Assured
11.2 the risks excluded by Clause 6 of the Institute Cargo Clauses (A) 1/1/82,
except to the extent that such risks are covered by the Institute War
Clauses (Cargo) 1/1/82.
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1.10.83
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 In the event of the Vessel being employed in trading operations 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 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 any additional
premium required by them have been agreed.
2 CHANGE OF VOYAGE
3 ASSIGNMENT
4 PERILS
4.1 This insurance covers loss of or damage to the subject-matter insured caused
by
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4.2 This insurance covers total loss (actual or constructive) of the subject-matter
insured caused by
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
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 caused by a peril
covered by this insurance, provided 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
6.1 The Underwriters agree to indemnify the Assured for three-fourths of any sum
or sums paid by the Assured to any other or persons by reason of the Assured
becoming legally liable by way of damages for
6.1.2 delay to or loss of use of any such other vessel or property thereon
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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 contenting liability
or taking proceedings to limit liability with the prior written consent of 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
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.
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MARINE HULL INSURANCE MANUAL
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 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 time lost 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 the conditions of this Clause 8 a
deduction of 15% shall be made from the amount of the ascertained claim.
9.1 This insurance covers vessel's proportion of salvage, salvage charges and / or
general average, reduced in respect of any under-insurance, but it case of
general average sacrifice of the Vessel the Assured may recover in respect of
the whole loss without first enforcing their right of contribution from the
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
426
MARINE HULL INSURANCE MANUAL
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 the 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 of 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 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 that the number of days of such heavy
weather falling within be the proportion of the above deductible that the
number or 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 etc.
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
11.1 Incase 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 10 the Underwriters will
contribute to charge properly and reasonably incurred by the Assured their
servants or agents for such measures. General average, salvage charges
427
MARINE HULL INSURANCE MANUAL
(except as provided for in Clause 11.5) and collision defence or 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 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 Vessels admitted under this insurance and
expenses have been reasonably incurred in saving 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 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.
13 BOTTOM TREATMENT
In no case shall a claim be allowed in respect of scraping grit blasting and / or other
surface preparation or painting of the Vessel's bottom except that
13.1 grit blasting and / or other surface preparation of new bottom plates ashore
and supplying and applying any `shop' primer thereto.
428
MARINE HULL INSURANCE MANUAL
133. supplying and applying the first coat of primer / anti-corrosive to those
particular areas mentioned in 13.1 and 13.2 above shall be allowed as part of
the reasonable cost of repairs in respect of bottom plating damaged by an
insured peril.
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.
15 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.
16 UNREPAIRED DAMAGE
16.1 The measure of indemnity in respect of claims for unrepaired damage shall be
the 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.
16.2 In no case shall the Underwriters the liable for 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.
16.3 The Underwriters shall not be liable in respect of unrepaired damage for more
than the insured value at the time this insurance terminates.
17.1 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
damaged or break-up value of the Vessel or wreck shall be taken into account.
17.2 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
18 FREIGHT WAIVER
In the event of total or constructive total loss no claim to be made by the Underwriters
for freight whether notice of abandonment has been given or not.
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MARINE HULL INSURANCE MANUAL
19 DISBURSEMENTS WARRANTY
19.1.3 Freight or Hire, under contracts 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 an intermediate ballast passage) plus the
charges of insurance. In the case of a voyage charter where
payments 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 19.1.2 to be taken into account
and only the excess thereof may be insured, which excess shall be
reduced as the freight or hire is advanced or earned by the gross
amount so advanced or earned.
19.1.4 Anticipated Freight if the Vessel sails in ballast and not under
Charter. A sum of exceeding the anticipated gross freight on text
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 19.1.2 to be taken into
account and only the excess thereof may be insured.
19.1.5 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 in a period not exceeding 18 months. Any sum insured
under 19.1.2 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 19.1.2 and
19.1.5 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.
430
MARINE HULL INSURANCE MANUAL
20 WAR EXCLUSION
In no case shall this insurance cover loss damage liability or expense caused by
20.1 War, civil war revolution, rebellion insurrection, or civil strife arising there
from, or any hostile act by or against a belligerent power
20.2 Capture, seizure arrest restraint or detainment (barratry and piracy excepted),
and the consequences thereof or any attempt thereat
21 STRIKES EXCLUSION
In no case shall this insurance cover loss damage liability or expense caused by
22 In no case shall this insurance cover loss damage liability or expense arising from
22.2 any weapon of war and caused by any person acting maliciously or from a
political motive.
23 NUCLEAR EXCLUSION
In no case shall this insurance cover loss damage liability or expense arising from any
weapon of war employing atomic or nuclear fission and / or fusion or other like reaction
or radioactive force or matter.
431
MARINE HULL INSURANCE MANUAL
The Ministry of Finance informed that stamp duty has been revised under
Section 7 of the Indian Stamp Act 1899 with a view to decrease transaction
costs and encourage economic activity.
exceeding 12 months.
432
MARINE HULL INSURANCE MANUAL
Mumbai Mumbai
Bhavnagar 204 Bhavnagar
Jafrabad 148 76 Jafrabad
Nawa Bunder 152 96 20 Nawa Bunder .
Veraval 186 144 68 48 Veraval
Navi Bunder 237 191 115 95 . 47 Navi Bunder
Porbunder 250 206 130 110 62 15 Porbunder
Dwarka 300 256 180 160 112 65 50 Dwarka
Okha '330 286 . 210 190 . 142 95 80 24 Okha
Bedi Bunder 390 348 272 252 204 157 142 86 59 Bedi Bunder
Navlakhi. 417 375 299 279 231 174 169 113 86 38 Navlakhi
Kandla 412 370 294 274 226 169 164 108 81 33 19 Kandla
Mandvi 354 309· 233 213 165 118 103 48 24 (2 66 61 Mandvi
Karachi 498 456 380 360 312 265 250 200 191 236 262 257 198 Karach
i
Mumbai Mumbai
Marmagoa 223 Marmagoa
Mangalore 388 170 Mangalore
Cali cut 504 292 122 Calicut
Kochi ..
5M ' 376· 206 86 Kochi
Alleppey 610 406 236 116 30 Alleppey
Tuticorin 816 642 472 322 236 206 Tuticorin
Colombo .907 685 515 395 3QQ· 279 142 Colombo
Cuddalore 1397 1177 1017 ,;945 81t 787 659 530 Cuddalore
Pondicherry 1417 1197 1037 965 837 807 679 550 .16 Pondicherry
Chennai 1468 1248· 1088· 1016 888 85.8 '730 600 96 78 Chennai
Kakinada ..
1698 1478 1318 .1246 1118 1088 960 825 360 350 277 Kakinada
Vishakhapatna 1733 1513 1353 1281 1153' 1123 995 866 414 406 327 73 Vishakhapatnam
m
Paradip 1930 1710 1557 1440 1350 1320 1220 1090 705 690 570 '310 240 Paradip
Kolkata 2121 1901 1747 16.69 154-1 1511 1383 1253 838 826 783 522 442 200 Kolkata
Chittagong 2156 1947 1793 1715 1587 1557 1489 1299 948 '942. 891 645 577 310 367 Chittagong
..
433
MARINE HULL INSURANCE MANUAL
COCHIN COCHIN
(in kilo metres) (in nautical miles)
Mangalore 500 270 Mangalore
Calicut 246 254 137 t33 Calicut
434
MARINE HULL INSURANCE MANUAL
Karachi Karachi
Mandvi 144 Mandvi
Jamnagar 233 42 Jamnagar
Okha 210 27 62 Okha
Dwarka 220 43 79 22 Dwarka
Porbunder 249 101 139 77 52 Porbunder
Navibandar 263 115 213 91 66 15 Navibandar
Mumbai 494 344 442 321 295 244 234 Mumbai
Marmagoa 583 540 576 509 496 444 429 223 Marmagoa
Mangalore 848 697 733 676 656 602 587 388 170 Mangalore
Cannanore 917 765 801 744 722 670 655 465 237 70 Cannanore
Tellicherry 926 774 810 753 731 679 664 470 247 80 10 Tellicherry
Badagara 934 782 818 761 739 687 672 479 257 88 18 9 Badagara
Kozhikode 957 805 841 784 762 710 695 500 250 111 41 33 24 Kozhikode
Ponnani 985 833 869 812 790 738 723 528 308 139 70 62 52 29 Ponnani
Kochi 1033 890 826 869 847 795 780 580 360 191 124 116 104 83 53 Kochi
Alleppey 1063 920 856 899 877 825 810 610 390 221 154 146 134 113 83 30 Alleppey
Quilon 1105 953 989 932 911 858 843 651 431 263 197 189 177 156 126 73 43 Quilon
Thiruvanthapuram 1138 986 1022 965 943 891 876 684 462 296 233 222 210 189 159 103 73 33 Thiruvanthapuram
Kolachel 1167 1015 1051 994 972 920 905 703 490 325 262 251 239 218 188 182 102 61 9 Kolachel
Tuticorin 1259 1110 1146 1089 1067 1015 1000 803 583 414 255 344 332 311 281 225 195 154 119 93 Tuticorin
Colombo 1334 1181 1218 1161 1139 1087 1072 869 649 477 423 415 403 384 355 305 272 230 196 171 148
Galle 1386 1234 1270 1213 1191 1139 1124 924 701 529 425 467 455 434 404 351 323 281 251 223 206
Trincomali 1637 1485 1517 1462 1442 1390 1375 1172 952 780 726 718 706 685 655 602 572 533 502 474 457
Kankesanturai 1754 1602 1634 1579 1559 1507 1492 1289 1069 897 843 834 823 802 772 708 686 650 619 591 574
Jafna 1799 1647 1650 1624 1604 1552 1537 1334 1104 943 888 879 868 847 817 763 731 696 664 636 619
Nagapatnam 1790 1638 1670 1615 1595 1543 1528 1325 1105 933 879 871 859 838 808 755 725 686 655 627 610
Karikal 1797 1645 1677 1622 1602 1550 1535 1332 1112 940 886 878 866 845 815 762 732 693 662 634 617
Cuddalore 1841 1689 1721 1635 1646 1594 1579 1376 1156 984 930 922 910 889 859 805 776 737 707 673 651
Pondicherry 1852 1701 1732 1677 1631 1608 1590 1387 1167 995 941 933 921 900 870 817 787 748 717 689 672
Chennai 1915 1763 1795 1740 1720 1689 1653 1453 1233 1061 1007 997 987 966 936 883 893 814 773 745 728
Kakinada 2131 1929 2011 1956 1936 1884 1869 1666 1446 1274 1220 1212 1200 1179 1149 1096 1066 1027 996 968 951
Vishakhapatnam 2172 2020 2052 1997 1977 1925 1910 1707 1487 1315 1261 1253 1241 1220 1190 1187 1107 1058 1037 1009 952
Bimlipantam 2183 2038 2065 2013 1993 1941 1926 1723 1503 1331 1277 1269 1257 1230 1206 1153 1123 1084 1053 1025 1008
Kalingapatnam 2219 2087 2099 2044 2025 1932 1907 1754 1534 1362 1308 1300 1288 1267 1237 1184 1154 1115 1081 1036 1039
Gopalpur 2284 2132 2164 2169 2089 2037 2022 1819 1599 1427 1373 1355 1353 1332 1301 1248 1210 1126 1149 1120 1103
Puri 2326 2176 2208 2153 2033 2081 2066 1863 1643 1471 1417 1409 1397 1376 1346 1293 1263 1124 1195 1165 1148
Kolkata 2405 2293 2325 2220 2250 2198 2183 1980 1760 1588 1534 1526 1514 1493 1463 1410 1390 1541 1310 1282 1265
Chittagong 2495 2453 2435 2430 2410 2338 2343 2140 1920 1748 1694 1686 1674 1653 1623 1570 1540 1501 1476 1402 1405
Akyab 2430 2335 2410 2455 2335 2283 2268 2065 1845 1623 1619 1611 1599 1578 1548 1495 1465 1426 1393 1367 1350
Bassein 2431 2229 2311 2256 2235 2184 2280 1966 1746 1574 1520 1512 1500 1479 1449 1396 1365 1327 1296 1287 1251
Rangoon 2554 2397 2431 2326 2336 2334 2284 2086 1866 1694 1640 1632 1620 1599 1569 1516 1486 1447 1416 1388 1371
Moulmein 2630 2449 2480 2485 2495 2353 2338 2135 1915 1743 1639 1681 1649 1618 1565 1535 1495 1455 1435 1437 1430
435
MARINE HULL INSURANCE MANUAL
436
MARINE HULL INSURANCE MANUAL
Colombo
70 Galle
25 Trincom
319 3 ali
1
37 2
436 0 6 Kankesanturai
1
41 7
481 5 1 45 Jafna
1
40 6
472 6 2 123 168 Nagapatnam
1
41 6
479 3 9 130 175 8 Karikal
2
45 1
523 7 4 177 221 57 49 Cuddalore
2
46 2
534 8 3 189 232 68 60 14 Pondicherry
2
52 8
500 4 4 253 297 139 132 90 77 Chennai
5
74 1
813 7 9 502 546 406 398 357 346 269 Kakinada
5
78 7
851 6 4 551 595 461 57 416 405 328 30 Vishakhapatnam
5
80 9
870 4 1 568 612 476 468 428 416 342 87 16 Bimlipantam
6
83 2
901 5 4 605 649 507 509 470 458 384 134 63 48 Kalingapatnam
6
89 9
965 9 1 674 718 587 579 541 520 454 205 134 118 71 Gopalpur
7
94 3
1010 4 6 725 669 642 634 597 585 511 265 194 178 131 61 Puri
8
10 6
1127 61 3 857 801 780 772 740 728 565 409 340 330 282 218 154 Kolkata
1
0
12 4
1387 21 3 1039 1003 976 968 937 927 839 639 561 545 560 485 377 243 Chittagong
9
11 6
1212 46 5 992 1036 939 931 905 895 835 629 563 549 495 395 343 269 163 Akyab
8
10 7
1113 47 2 932 976 997 890 883 873 810 654 643 635 603 576 510 466 413 100 Bassein
1
0
11 1
1233 57 0 1058 1102 1038 1030 1025 1017 971 815 785 779 754 735 683 623 503 412 148 Rangoon
1
0
12 5
1422 16 9 1107 1151 1005 1079 1074 1060 1026 802 803 835 829 752 735 675 652 484 207 74 Moulmein
437
MARINE HULL INSURANCE MANUAL
438
MARINE HULL INSURANCE MANUAL
Mumbai Mumbai
Div 158 Div
Veraval 193 35 Veraval
Managalore 214 56 21 Managalore
Bhavnagar 233 75 40 19 Bhavnagar
Navibunder 241 83 48 27 8 Navibunder
Porbunder 256 98 63 42 23 15 Porbunder
Dwarka 308 150 115 94 75 67 52 Dwarka
Okha 343 185 150 120 110 102 87 35 Okha
Mandvi 360 202 167 146 127 119 104 52 17 Mandvi
Bedi bunder 390 232 197 176 212 149 134 42 47 30 Bedi bunder
Kandla 453 295 260 239 220 212 197 145 110 92 63 Kandla
Karachi 512 254 319 298 279 271 256 204 169 152 112 61 Karachi
439
MARINE HULL INSURANCE MANUAL
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MARINE HULL INSURANCE MANUAL
1. INTRODUCTION
1.3 The ISM Code sets an international standard for the safe
management and operation of ships and requires companies to
document and implement clear procedures, standards and
instructions for safety management ashore and afloat. The ISM
Code does not replace the requirement for compliance with
existing regulations.
1.5 The ISM Code will become mandatory for ships at two stages -
441
MARINE HULL INSURANCE MANUAL
2. CERTIFICATION
2.1 The application of the ISM Code will result in the issue of
two new certificates -
3. VALlDITY
3.2 The Safety Management Certificate (SMC) will be valid for a per
The Safety Management Certificate (SMC) will be valid for a
period of five years. The validity of SMC is subject to at least
one intermediate verification; confirming the effective
functioning of the SMS and that the possible modification
carried out since the previous verification comply with the
requirements of the ·ISM Code. In certain cases, particularly
during the initial period of operation of the SMS, it may be
necessary to increase the frequency of the intermediate
verification. Additionally, the nature of non-conformities may
also provide a basis to increase the verification frequency.
442
MARINE HULL INSURANCE MANUAL
4.2 The Directorate may issue interim DOC valid for not more than
twelve months to a company following a demonstration that the
company has a SMS that meets the objectives of section 1.2.3. of
the ISM Code. The company must demonstrate its plans to
implement a SMS meeting the full requirements of the ISM Code
within the period of validity of the Interim DOC.
4.3 An· interim SMC, valid for not more than six months may be
issued to new ship types on delivery.
443