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Section F: Obligation With Regard To Claims
6.1 - Notification
A member must immediately notify the managers in writing of every event which may lead to a claim under rules 3.13, 3.22, 3.23, 3.31, 3.32 and 3.35.
Any other event likely to give rise to a claim under rule 3 must be promptly notified to the managers and in any event within six months after the incident, failing which the claim shall not be covered unless the board exercises its discretion to the contrary.
Details of each claim must be supplied on the appropriate claim form currently in use by the club and be duly signed by or on behalf of the member.
A member must promptly notify the managers of any information, documentation or report in his power, custody, control or knowledge relevant to the claim and keep the managers fully informed at all times of the progress of the matter.
If a member fails to notify the club of a claim within one year after acquiring knowledge of the delay giving rise to such claim, any and all of that member’s right(s) to recover in respect of such delay shall be extinguished.
6.6 - Evidence
The managers determine what evidence is required to satisfy the club that a claim is payable.
A member must produce and supply to the club such information, documents or reports as the managers may reasonably request in connection with any claim.
A member must not withhold or conceal any information, documents or reports which may be relevant to disclose to the managers or make any false statement in connection with any claim.
6.9 - Powers of mangers relating to the handling claims
The managers have the right, but not the duty, to control the interests of a member relating to a claim, including: (1) the appointment on behalf of member of lawyers, surveyors or other experts; (2) the conduct of any claim or legal or other proceedings and the compromise thereof; (3) the appointment of a surveyor to survey an entered ship prior to any repair being effected where a claim may be or has been made under rules 3.22, 3.23, 3.31 and 3.32.
A member must not settle any claim or make any admission in respect of any matter relating to any delay for which he is insured with the club without the written consent of the managers.
When a claim is made under the rules, the club shall be subrogated to all the rights and remedies in respect of that claim which the member may have against any third party. The club shall be entitled to use the name of the member in bringing, defending, enforcing or settling any legal proceedings (including proceedings in any arbitration) and the member shall give all necessary information and assistance, and produce and forward all documents to enable the Association to substantiate, settle or resist any claim. The Association shall, however, where it uses the name of any member, indemnify him against all costs, charges, expenses and liabilities arising therefrom.
If a member fails to comply with any requirement under rules 6.1 to 6.4 and 6.6 to 6.11, the club shall not be under any obligation to indemnify him unless the board otherwise determines.