Appendix D

Protection and Indemnity liabilities, costs and expenses insured

NOTES:

(i) For the general provisions applicable to this cover - see Rule 2 Part D.

(ii) 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.

D.1 Loss of Life, Personal Injury, Illness

D.1.1

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

D.1.1.1

Any person in or on board or near the Entered Ship;

D.1.1.2

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;

D.1.1.3

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;

D.1.1.4

Any person injured or killed by reason of a collision or contact involving the Entered Ship.

D.1.2

Whenever the Insured Owners incurs a liability as specified in paragraphs D.1.1.1 to D.1.1.4 for which the Association is liable hereunder, the Insured Owner shall also be entitled to recover:

D.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;

D.1.2.2

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

D.1.2.3

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

D.1.2.4

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.

D.1.2.5

PROVIDED ALWAYS that:

The expenses referred to in paragraphs D.1.2.1 to D.1.2.4 shall not include wages, which shall be recoverable hereunder as follows:

D.1.2.5.1

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;

D.1.2.5.2

Wages paid to substitutes (as referred to in paragraph D.1.2.4) engaged abroad, but only while awaiting and during repatriation.

D.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:

D.2.1

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

D.2.2

Any wages payable to the master, seamen or members of the crew of the Entered Ship during unemployment consequent up

D.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.

D.4 Captured or Detained crew

D.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 Department of Transport of the United Kingdom or any other successor department or body, or any statutory obligation.

D.4.2

Payments made to dependants of members of the crew of an Entered Ship who are detained in circumstances which the Directors in their 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 Directors whose decision shall in all respects be final.

D.5 Collision with Another Ship

D.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:

D.5.1.1

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

D.5.1.2

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

D.5.1.3

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

D.5.1.4

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

D.5.1.5

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

D.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;

D.5.1.7

Loss of life, personal injury or illness;

D.5.2

PROVIDED ALWAYS that:

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

D.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.

D.5.2.2

It would have been recoverable under the Rules of The Standard Club UK Ltd, had the Entered Ship been entered therein, but for Rule 4.3 of the Rules of such Association.This proviso is in substitution for the proviso to Rule 2.D.1.

D.5.3

The Association shall not be liable under paragraph D.5 for any collision liability recoverable by the Insured Owner under Rule 2 Part A.

D.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).

D.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.

D.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:

D.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 Association;

D.8.1

Nothing shall be recoverable from the Association under paragraph D.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;

D.8.2

Nothing shall be recoverable from the Association under paragraph D.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;

D.8.3

No liabilities or expenses shall be recoverable from the Association under paragraph D.8 if and to the extent that the casualty giving rise to the wreck of the Entered Ship was caused by any of the Queen’s Enemy Risks.

D.9 Pollution

D.9.2

The Association 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.

D.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 Association’s liability hereunder shall be subject to the same provisos and conditions (apart from Rule 4.3) as are included in the rules of The Standard Club UK 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.

D.11 Breach of any Contract of Carriage incurred by Direction of the Association

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 Directors.

D.12 Other Liabilities and Expenses

Any other loss, liability, cost or expense other than those set out in paragraphs D.1 to D.10 which would have been recoverable under the Rules of The Standard Club UK Ltd had the Entered Ship been entered therein, but for Rule 4.3 of the Rules of that Association.

D.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 D and/or paragraphs D.1 to D.11, provided that such costs have been incurred with the written consent of the Managers, or the Directors determine that such costs or expenses were reasonably incurred.