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Offshore extension clauses 2022
Insofar as they fall within the standard risks set out in rule 3, cover is extended to include:
1 - Specialist operations
Liabilities incurred by the member during the course of performing specialist operations to the extent that such liabilities arise as a consequence of claims brought by any party for whose benefit the work has been performed, or by any third party (whether connected with any party for whose benefit the work has been performed or not), in respect of the specialist nature of the operations. However, there shall be no recovery for any liabilities excluded by rule 5.11 (2) or (3).
2 - Underwater vehicles
Liabilities incurred by the member in connection with any claim brought against him arising out of the operation by him of underwater vehicles (including but not limited to submarines, minisubmarines, remotely operated vehicles, autonomous underwater vehicles, seaploughs, scarabs, diving bells and similar equipment). However, there shall be no recovery for any loss of or damage to underwater vehicles being operated by the member.
3 - Divers
Liabilities incurred by the member in connection with any claim brought against him arising out of the activities of professional or commercial divers where he is responsible for such activities. However, there shall be no recovery for the injury, illness or death of divers where the member’s liability arises under a contract and would not have arisen in the absence of such contract.
4 - Property on board
Liabilities in respect of loss of or damage to property, other than cargo, stores or fuel, in the member’s care, custody and control on board or being used from the ship where such liabilities are incurred pursuant to the terms of an indemnity or contract made by the member provided that the indemnity or contract has been approved by the managers in advance.
5 - Non-marine personnel
Liabilities in respect of personnel (other than marine crew) on board the ship (being an accommodation ship) employed other than by the member provided that there has been a contractual allocation of risks between the member and the employer of the personnel approved by the managers.
6 - Terms of indemnity or contract
Liabilities arising under paragraphs 1 to 3 insofar as they would not have arisen but for the terms of any contract or indemnity. The terms of any such contract or indemnity made by the member must have been approved by the managers. There shall be no recovery under this paragraph for any liabilities that are excluded under paragraphs 1 to 3.
7 - Exclusions
There shall be no recovery under paragraphs 1 to 6 for liabilities:
- for which the member is covered if the ship is entered for standard risks in the club or another insurer affording equally wide cover.
- relating to any of the risks which are otherwise excluded by the rules or in the member’s certificate of entry, unless otherwise agreed by the managers;
- or losses accepted, assumed or incurred by the member:
- (i) as a consequence of the terms of any contract or indemnity that extend the member’s liability up to any amounts that are recoverable under any insurance; or
- (ii) under any risk allocation, exclusion, limitation, indemnity or hold harmless clause that seeks to vary the member’s liability by reference to the availability and/or extent of the member’s insurance; unless and to the extent that the managers, acting in their sole discretion, shall determine.
8 - Deductible and limit of cover
The applicable deductible and limit of club cover shall be that set out in the member’s certificate of entry.