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Protection and Indemnity liabilities, costs and expenses insured

NOTES:

For the warranties, conditions, exceptions, limitations and other terms applicable to other cover – see rule 4 and the other provisions set out in these rules.

C.1 Loss of life, personal injury, illness

C.1.1

Liability of the insured owner to pay damages or compensation for loss of life of, personal injury to or illness of:

C.1.1.2

Any person in or on board or near the entered ship;

C.1.1.3

Any master, seaman or member of the crew of the entered ship or other person employed thereon while in or on board or near the entered ship and while proceeding to or from the entered ship;

C.1.1.4

Any person employed in relation to the handling of the cargo of the entered ship from the time of receipt for shipment on the quay or wharf until final delivery from the quay or wharf at the port of discharge;

C.1.2

Whenever the insured owner incurs a liability as specified in paragraphs C.1.1.1 to C.1.1.4 for which the club is liable hereunder, the insured owner shall also be entitled to recover:

C.1.2.1

Any hospital, medical, funeral or other expenses for which the insured owner may be liable and which the insured owner may incur in connection with such loss of life, personal injury or illness;

C.1.2.2

Any expenses of maintaining the injured or ill person ashore or afloat or repatriating such person;

C.1.2.3

Any expenses of repatriating the master, seamen, members of the crew of or other persons carried on board the entered ship;

C.1.2.4

Any wages payable to the master, seamen or members of the crew of the entered ship during unemployment consequent upon such shipwreck or actual or constructive total loss of the entered ship;

C.1.2.5

Any expenses of putting into port, when incurred to land the injured or ill person;

C.1.2.6

Any expenses necessarily incurred in sending abroad substitutes or in securing, engaging, repatriating or deporting a substitute engaged abroad to replace any person so killed, injured or ill.

C.1.2.7

PROVIDED ALWAYS that:

The expenses referred to in paragraphs C.1.2.1 to C.1.2.6 shall not include wages, which shall be recoverable hereunder as follows:

C.1.2.7.1

Wages paid to an injured or ill person for any period while he is undergoing medical or hospital treatment abroad, or while he is being repatriated;

C.1.2.7.2

Wages paid to substitutes (as referred to in paragraph C.1.2.6) engaged abroad, but only while awaiting and during repatriation.

C.2 Wages and expenses consequent upon shipwreck or actual or constructive total loss

Liability of the insured owner for the following wages and expenses when consequent upon shipwreck or actual or constructive total loss of the entered ship:

C.2.1

Any expenses of repatriating the master, seamen, members of the crew of or other persons carried on board the entered ship;

C.2.2

Any wages payable to the master, seamen or members of the crew of the entered ship during unemployment consequent upon such shipwreck or actual or constructive total loss of the entered ship.

C.3 Loss of seamen’s effects

Any sums which the insured owner may be liable to pay to the master, seamen or members of the crew of an entered ship in respect of the loss of their effects.

C.4 Captured or detained crew

C.4.1

Payments made in respect of members of the crew of an entered ship who are captured or detained, provided that such payments are made in accordance with agreements approved by the managers.

C.4.2

Payments made to dependents of members of the crew of an entered ship who are detained in circumstances which the board in its discretion consider would have given rise to a claim under rules 2.C.1.1 or 2.C.1.3 had the entered ship been detained. The amount recoverable shall be assessed by the board which decision shall in all respects be final.

C.5 Collision with another ship

C.5.1

If the entered ship shall come into collision with any other ship, any liability for loss, liability, cost or expense which arises out of the collision and which is incurred by the insured owner for any of the following:

C.5.1.1

Loss of or damage to any other ship or property thereon;

C.5.1.2

Delay to or loss of use of any other ship or property thereon;

C.5.1.3

General average, salvage of, or salvage under contract of, any other ship or property thereon;

C.5.1.4

Removal or disposal or obstructions, wrecks, cargoes or any other thing whatsoever;

C.5.1.5

Any real or personal property or anything whatsoever (except other ships or property on other ships);

C.5.1.6

The cargo or other property on the entered ship, or general average contributions, special charges or salvage paid by the owners of that cargo or property;

C.5.1.7

Loss of life, personal injury or illness.

C.5.2

PROVIDED ALWAYS that: 

The club’s liability under paragraph C.5 shall be only for such collision liability as falls within one or more of the following heads, namely:

C.5.2.1

It would have been recoverable under the Institute Time Clauses – Hulls (edition of 1.10.83 or any subsequent edition or amendment thereof current at the date of the casualty) had the ship been insured on such terms, but for the War Exclusion Clause, the Strikes Exclusion Clause, the Malicious Acts Exclusion Clause and the Violent Theft, Piracy and Barratry Exclusion Clause inserted therein or, as the case may be, the Institute Time Clauses – Freight (edition of 1.8.89 or any subsequent edition or amendment thereof current at the date of the casualty) had this ship been insured on such terms, but for the War Exclusion Clause, the Strikes Exclusion Clause or the Malicious Acts Exclusion Clause inserted therein.

C.5.2.2

It would have been recoverable under the P&I class rules of The Standard Club Asia Ltd, had the entered ship been entered therein, but for the exclusion of war risks in rule 4.3 of the P&I class rules of The Standard Club Asia Ltd for the policy year commencing 20th February 2022 set out below, or any subsequent edition or amendment thereof current at the date of the casualty: “rule 4.3 Unless otherwise agreed by the managers, there shall be no recovery in respect of any liabilities, irrespective of whether a contributory cause of the same being incurred was any neglect on the part of the member or his servants or agents, incurred as a result of: (1) war, civil war, revolution, rebellion, insurrection or civil strife arising therefrom, or any hostile act by or against a belligerent power, or any act of terrorism; (2) capture, seizure, arrest, restraint or detainment (barratry and piracy excepted) and the consequences thereof or any attempt thereat; (3) mines, torpedoes, bombs, rockets, shells, explosives or other similar weapons of war, save that this exclusion does not apply to liabilities which arise solely by reason of:

a

The transport of any such weapons whether on board the ship or not; or

b

The use of any such weapons, either as a result of government order or with the agreement of the board or the managers, where the reason for such use was the avoidance or mitigation of liabilities which would otherwise fall within the cover given by the club.

In the event of any dispute as to whether or not any act constitutes an act of terrorism, the decision of the board shall be final.”

C.6 Damage to fixed and floating objects

Liability of the insured owner for loss of or damage to any harbour, dock, pier, jetty, land, water or any fixed or movable thing whatsoever (not being another ship or any property thereon).

C.7 Damage to vessels otherwise than by collision

Liability of the insured owner for loss of or damage to any other ship or any property thereon, and costs and expenses incidental thereto, occasioned otherwise than by collision with the entered ship.

C.8 Wreck removal

Liability of the insured owner for costs and expenses of or incidental to the raising, removal, destruction, lighting or marking of the wreck of an entered ship.

PROVIDED ALWAYS that:

C.8.1

The value of all stores and materials saved, as well as of the wreck itself, shall first be deducted from such costs, charges and expenses, and only the balance thereof, if any, shall be recoverable from the club;

C.8.2

Nothing shall be recoverable from the club under paragraph C.8 if the insured owner shall, without the consent of the managers in writing, have transferred his interest in the wreck, otherwise than by abandonment, prior to the raising, removal, destruction, lighting or marking of the wreck.

C.9 Pollution

C.9.1

Losses, liabilities, costs or expenses of the insured owner arising from any escape of or discharge of or threatened escape of or discharge of oil or of any other substance.

C.9.2

The club shall not provide insurance for any losses, liabilities, costs or expenses if the provision of such insurance would create a liability for the insured owner under the Tanker Oil Pollution Indemnification Agreement 2006 (TOPIA 2006) to contribute to the IOPC Supplementary Fund.

C.10 Cargo

Liability of the insured owner in respect of cargo intended to be or being or having been carried on an entered ship.

PROVIDED ALWAYS that:

The club’s liability hereunder shall be subject to the same provisos and conditions (apart from rule 4.3 of the P&I class rules of The Standard Club Asia Ltd) as are included in the P&I class rules of The Standard Club Asia Ltd relating to liability for loss or shortage of and damage to or responsibility in respect of cargo or other property carried in an entered ship.

C.11 Breach of any contract of carriage incurred by direction of the club

Liability of the insured owner in respect of the entered ship for breach of outstanding contracts of carriage resulting from compliance with orders, prohibitions or directions of the board.

C.12 Other liabilities and expenses

Any other loss, liability, cost or expense other than those set out in paragraphs C.1 to C.10 which would have been recoverable under the P&I class rules of The Standard Club Asia Ltd had the entered ship been entered therein, but for rule 4.3 of the P&I class rules of The Standard Club Asia Ltd.

C.13 Legal costs

Legal costs and other similar charges which the insured owner may incur in respect of, or in avoiding or attempting to avoid, any liability or expenditure against which he is insured by rule 2 part A and/or paragraphs C.1 to C.11, provided that such costs have been incurred with the written consent of the managers, or the board determine that such costs or expenses were reasonably incurred.

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