Реферат: ITC Clause
Реферат: ITC Clause
Institute Time Clauses Hulls
1/11/95 Cl. 280 (ITC)
(FOR USE ONLY WITH THE CURRENT MAR
POLICY FORM)
This insurance is subject to
English law and practice
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. This insurance shall not be
prejudiced by reason of the Assured entering into any contract with pilots or
for customary towage which limits or exempts the liability of the pilots and/or
tugs and/or towboats and/or their owners when the Assured or their agents
accept or are compelled to accept such contracts in accordance with established
local law or practice.
1.3. The practice of engaging
helicopters for the transportation of personnel, supplies and equipment to
and/or from the Vessel shall not prejudice this insurance.
1.4. In the event of the Vessel
being employed in the trading operations which entail cargo loading or
discharging at sea from or onto 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 or liability to any other vessel arising from such loading or
discharging operations, including whilst approaching, lying alongside and
leaving, unless previously 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.
1.5. In the event of the Vessel
sailing (with or without cargo) with the 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 1.5. shall affect claims under Clauses 8 and/or 10.
2. Continuation.
Should the Vessel at the
expiration of this insurance be at sea and in distress or missing, she shall,
provided notice be given to the Underwriters prior to the expiration of this
insurance, be held covered until arrival at the next port in good safety, or if
in port and in distress until the Vessel is made safe, at a pro rata monthly
premium.
3. Breach of
Warranty.
Held covered in case of any breach
of warranty as to cargo, trade, locality, towage, salvage services or date of
sailing, provided notice be given to the Underwriters immediately after receipt
of advices and any amended terms of cover and any additional premium required
by them be agreed.
4.
Classification.
4.1. It is the duty of the
Assured, Owners and Managers at the inception of and throughout the period of
this insurance to ensure that
4.1.1. the Vessel is classed with
a Classification Society agreed by the underwriters and that her class within
that Society is maintained,
4.1.2. and recommendations
requirements or restrictions imposed by the Vessel’s Classification Society
which relate to the Vessel’s seaworthiness or to her maintenance in a seaworthy
condition are complied with by the dates required by that Society.
4.2. In the event of any breach of
duties set out in Clause 4.1. above, unless the Underwriters agree to the
contrary in writing, they will be discharged from their liability under this
insurance as from the date of the breach provided that if the Vessel is at sea
at such date the Underwriters’ discharge from liability is deferred until
arrival at her next port.
4.3. Any incident condition or
damage in respect of which the Vessel’s Classification Society might make
recommendations as to repairs or other action to be taken by the Assured,
Owners or Managers must be promptly reported to the Classification Society.
4.4. Should the Underwriters wish
to approach the Classification Society directly for information and/or
documents., the Assured will provide the necessary authorisation.
5. Termination.
This Clause 5
shall prevail notwithstanding any provisions whether written typed or printed
in this insurance inconsistent therewith.
Unless the Underwriters agree to
the contrary in writing, this insurance shall terminate automatically at the
time of
5.1. change of the Classification
Society of the Vessel, or change, suspension, discontinuance, withdrawal or
expiry of her Class therein, or any of the Classification Society’s periodic
surveys becoming overdue unless an extension of time for such survey be agreed
by the Classification Society, provided that if the Vessel is at sea such
automatic termination shall be deferred until arrival at her next port. However
where such change, suspension, discontinuance or withdrawal of her Class or
where a periodic survey becoming overdue has resulted from loss or damage
covered by Clause 6 of this insurance or which would be covered b an insurance
of the Vessel subject to current Institute War and Strikes Clauses Hulls - Time
such automatic termination shall only operate should the Vessel sail from her
next port without the prior approval of the Classification Society or in the
case of a periodic survey becoming overdue without the Classification Society
having agreed an extension of time for such survey.
5.2. any change, voluntary or
otherwise, in the ownership or flag, transfer to new management, or charter on
a bareboat basis, or requisition for title or use of the Vessel, provided that,
if the Vessel has cargo on board and has already sailed from her loading port
or is at sea in ballast, such automatic termination shall if required be
deferred, whilst the Vessel continues her planned voyage, until arrival at
final port of discharge if with cargo or at port of destination if in ballast.
However, in the event of requisition for 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.
A pro rata daily net return of
premium shall be made provided that a total loss of the Vessel, whether by
insured perils or otherwise, has not occurred during the period covered by this
insurance or any extension thereof.
6. Perils.
6.1. This insurance covers loss of
or damage to the subject-matter insured caused by
6.1.1. perils of the sea rivers
lakes or other navigable waters
6.1.2. fire, explosion
6.1.3. violent theft by persons
from outside the Vessel
6.1.4. jettison
6.1.5. piracy
6.1.6. contact with land
conveyance, dock or harbour equipment or installation
6.1.7. earthquake volcanic
eruption or lightning
6.1.8. accident in loading
discharging or shifting cargo or fuel
6.2. This insurance covers loss of
or damage to the subject-matter insured caused by
6.2.1. bursting of boilers
breakage of shafts or any latent defect in the machinery or hull
6.2.2. negligence of Master Crew
or Pilots
6.2.3. negligence of repairers or
charterers provided such repairers or charterers are not an Assured hereunder
6.2.4. barratry of Master Officers
or Crew
6.2.5. contact with aircraft,
helicopters or similar objects, or objects falling therefrom
provided that such loss or damage
has not resulted from want of due diligence by the Assured, Owners, Managers or
Superintendents or any of their onshore management.
6.3. Master Officers Crew or
Pilots not to be considered Owners within the meaning of this Clause 6 should
they hold shares in the Vessel.
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 damage to the
environment, or threat thereof, resulting directly from damage to the Vessel
for which the Underwriters are liable under this insurance, provided that such
act of governmental authority has not resulted from want of due diligence by
the Assured, Owners or Managers to prevent or mitigate such hazard or damage,
or threat thereof. 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. 3/4th
Collision Liability.
8.1. The Underwriters agree to
indemnify the Assured for three-fourth of 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
8.1.1. loss of or damage to any
other vessel or property on any other vessel
8.1.2. delay to or loss of use of
any such other vessel or property thereon
8.1.3. 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.
8.2. The indemnity provided by
this Clause 8 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:
82.1. 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 8 shall be calculated on the principle of cross-liabilities as if
the respective Owners had been compelled to pay to each other such proportions
of each other’s damages as may have been properly allowed in ascertaining the
balance of sum payable by or to the Assured in consequence of the collision,
8.2.2. in no case shall the
Underwriters’ total liability under Clauses 8.1. and 8.2. exceed their
proportionate part of three-fourths of the insured value of the Vessel hereby
insured in respect of any one collision.
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
8.4.1. removal or disposal of
obstructions, wrecks, cargoes or any other thing whatsoever;
8.4.2. any real or personal
property or thing whatsoever except other vessels or property on other vessels
8.4.3. the cargo or other property
on, or the engagements of, the insured Vessel;
8.4.4. loss of life, personal
injury or illness;
8.4.5. pollution or contamination,
or threat thereof, of any real or personal property or thing whatsoever (except
other vessels with which the insured Vessel is in collision or property on such
other vessels) or damage to the environment, or threat thereof, save that this
exclusion shall not extend to any sum which the Assured shall pay for or in
respect of any salvage remuneration in which the skill and efforts of the
salvors in preventing or minimising damage to the environment as is referred to
Article 13 paragraph 1 (b) of the International Convention on Salvage, 1989
have been taken into account.
9. 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.
10. General
Average and Salvage
10.1. This insurance covers the
Vessel’s proportion of salvage, salvage charges and/or general average, reduced
in respect of any under-insurance, but in case of any general average sacrifice
of the Vessel the Assured may recover in respect of the whole loss without
first enforcing their right of contribution from other parties.
10.2. Adjustment to be according
to the law and practice at the place where 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.
10.3. When the Vessel sails in
ballast, not under charter, the provisions of the York-Antwerp Rules, 1994
(excluding Rules XI (d), 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
terminated.
10.4. No claim under this Clause
10 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.
10.5. No claim under this Clause
10 shall in any case be allowed for or in respect of
10.5.1. special compensation
payable to a salvor under Article 14 of the International Convention on
Salvage, 1989 or under any other provision in any statute, rule, law or
contract which is similar in substance;
10.5.2. expenses or liabilities
incurred in respect of damage to environment, or the threat such damage, or as
a consequence of escape or release of pollutant substances from the Vessel, or
the threat of such escape or release.
10.6. Clause 10.5. shall not
however exclude any sum which the Assured shall pay to salvors for or in
respect of salvage remuneration in which the skill and efforts of the salvors
in preventing or minimising damage to the environment as is referred to in Article
13 paragraph 1 (b) of the International Convention on Salvage, 1989 have been
taken into account.
11. Duties of
Assured (Sue & Labour)
11.1. 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.
11.2. 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 (except as provided for in Clause 11.5.),
special compensation and expenses as referred to in Clause 10.5. and collision
defence and 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 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.
11.5. 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 the excess of the proceeds. As the case may be,
as may reasonably be regarded as having been incurred in respect of the Vessel,
excluding all special compensation and expenses as referred to in Clause 10.5.;
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 the 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.
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 Clause 8, 10 and 11) exceeds the deductible
amount agreed 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 shall not
apply to a claim for total loss or constructive 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.
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.
12.3. 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.
12.4. Interest comprised in
recoveries shall be apportioned between the Assured and the Underwriters,
taking into account the sums paid by the Underwriters and the dates when such
payments were made, notwithstanding that by the addition of interest the Underwriters
may receive a larger sum than they have paid.
13. Notice of
Claim and Tenders
13.1. In the event of accident
whereby loss or damage may result in a claim under this insurance, notice must
be given to the Underwriters promptly after the date on which the Assured,
Owners or Managers become or should have become aware of the loss or damage and
prior to survey so that a surveyor may be appointed if the Underwriters so
desire.
If notice is not given to the
Underwriters within twelve months of that date unless the Underwriters agree to
the contrary in writing, the Underwriters will be automatically discharged from
liability for any claim under this insurance in respect of or arising out of
such accident or the loss or damage.
13.2. 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.
13.3. 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 the time lost between despatch of the invitations to
tender required by the Underwriters and the acceptance of a tender to the
extent that such time is lost solely as a 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 store
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.
13.4. In the event of failure by
the Assured to comply with the conditions of Clauses 13.2. and/or 13.3. a
deduction of 15% shall be made from the amount of the ascertained claim.
14. New for Old
Claims payable without deduction
new for old.
15. Bottom
Treatment
In no case shall a claim be
allowed in respect of scraping gritblasting and /or other surface preparation
or painting of the Vessel’s bottom except that
15.1. gritblasting and/or other
surface preparation of new bottom plates ashore and supplying and applying any
«shop» primer thereto,
15.2. gritblasting and/or other
surface preparation of:
the butts or area
of plating immediately adjacent to any renewed or refitted plating damaged
during the course of welding and/or repairs,
areas of plating
damaged during the course of fairing, either in place or ashore,
15.3. supplying and applying the
first coat of primer/anti-corrosive to those particular areas mentioned in
15.1. and 15.2. above,
shall be allowed as part of the
reasonable cost of repairs in respect of bottom plating damaged by an insured
peril.
16. Wages and
Maintenance
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.
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
18.1. The measure of indemnity in
respect of claims for unrepaired damage shall be 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.
18.2. In no case shall the
Underwriters be liable for the 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.
18..3. The Underwriters shall not
be liable in respect of the unrepaired damage for more than the insured value
at the time this insurance terminates.
19. Constructive
Total Loss
19.1. 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 damage or break-up value of the
Vessel or wreck shall be taken into account.
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
In the event of total or
constructive loss no claim to be made by the Underwriters for freight whether
notice of abandonment has been given or not.
21. Assignment
No assignment of or interest in
this insurance or in any moneys which may be or become payable thereunder is to
be binding on or recognised by the Underwriters unless a dated notice of such
assignment or interest signed by the Assured, and by the assignor in the case
of subsequent assignment, is endorsed on the Policy and the Policy with such
endorsement is produced before payment of any claim or return of premium
thereunder.
22. Disbursements
Warranty
22.1. Additional insurances as
follows are permitted:
22.1.1. Disbursements,
Managers’ Commissions, Profits or Excess or Increased Value of Hull and
Machinery. A sum not exceeding 25% of the value stated herein.
22.1.2. Freight, Chartered
Freight or Anticipated Freight, insured for time. A sum not exceeding 25 %
of the value stated herein less any sum insured, however described, under
22.1.1.
22.1.3. Freight or Hire, under
contract 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 intermediate ballast passage) plus the
charges of insurance. In the case of a voyage charter where payment is 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 22.1.2. to be taken into
account and only the excess thereof may be insured, which excess shall be the
gross amount so advanced or earned.
22.1.4. Anticipated Freight if
the Vessel sails in ballast and not under Charter. A sum not exceeding the
anticipated gross freight on next 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 22.1.2. to be taken into
account and only the excess thereof may be insured.
22.1.5. 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 not exceeding 18 months. Any sum
insured under 22.1.2. 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 22.1.2.
and 22.1.5. 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.
22.1.6. Premiums. A sum not
exceeding the actual premiums of all interests insured for a period not
exceeding 12 months (excluding premiums insured under the foregoing sections,
but including, if required, the premiums or estimated calls on any Club or War
etc. Risk insurance) reducing pro rata monthly.
22.1.7. Returns of Premium.
A sum not exceeding the actual returns which are allowable under any insurance
but which would not be recoverable thereunder in the event of a total loss of
the Vessel whether by insured perils or otherwise.
22.1.8. Insurance irrespective
of amount against:
Any risk excluded by
Clauses 24, 25, 26 and 27 below.
22.2. Warranted that no insurance
on any interests enumerated in the foregoing 22.1.1. to 22.1.7. in the excess
of the amounts permitted therein and no other insurance which includes the
total loss of the Vessel P.P.I., F.I.A. or subject to any other like term, is
or shall be effected to operate during the currency of this insurance by or for
account of the Assured, Owners, Managers or Mortgagees. 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.
23. Returns for
Lay-up and Cancellation
23.1. To returns as follows:
23.1.1. pro rata net for each
uncommenced month if this insurance be cancelled by agreement,
23.1.2. for each period of 30
consecutive days the Vessel may be laid up in a port or in a lay-up area
provided such port or lay-up area is approved by the Underwriters
(a)
.............................................. per cent net not under repair
(b)
............................................. per cent net under repair.
23.1.3. The Vessel shall not be
considered to be under repair when work is undertaken in respect of ordinary
wear and tear of the Vessel and/or following recommendations in the Vessel’s
Classification Society survey, but any repairs following loss of or damage to
the Vessel or involving structural alterations, whether covered by this
insurance or otherwise shall be considered as under repair.
23.1.4. 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 23.1.2. (a) and (b)
respectively.
23.2. PROVIDED ALWAYS THAT
23.2.1. a total loss of the
Vessel, whether by insured perils or otherwise, has not occurred during the
period covered by this insurance or any extent thereof;
23.2.2. in no case shall a return
be allowed when the Vessel is lying in exposed or unprotected waters, or in a
port or lay-up area not approved by the Underwriters;
23.2.3. loading or discharging
operations or the presence of cargo on board shall not debar returns but no
return shall be allowed for any period during which the Vessel is being used
for the storage of cargo or for lightering purposes;
23.2.4. in the event of any
amendment of the annual rate, the above rates of returns shall be adjusted
accordingly;
23.2.5. in the event of any return
recoverable under this Clause 23 being based on 30 consecutive days which fall
on successive insurances effected for the same Assured, this insurance shall
only be liable for an amount calculated at pro rata of the period rates 23.1.2.
(a) and or (b) above for the number of days which come within the period of
this insurance and to which a return is actually applicable. Such overlapping
period shall run, at the option of the Assured, either from the first day of a
period of 30 consecutive days as provided under 23.1.2. (a) or (b) above.
The following
clauses shall be paramount and shall override anything contained in this
insurance inconsistent therewith.
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
24.2 capture seizure arrest
restrain or detainment (barratry and piracy excepted), and the consequences
thereof or any attempt thereat
24.3. derelict mines torpedoes
bombs or other derelict weapons of war.
25. Strikes
Exclusion
In no case shall this insurance
cover loss damage liability or expense caused by
25.1. strikers, locked-out
workmen, or persons taking part in labour disturbances, riots or civil
commotions
25.2. any terrorist or any person
acting from a political motive
26. Malicious
Acts Exclusion
In no case shall this insurance
cover loss damage liability or expense caused by
26.1 the detonation of an
explosive
26.2. any weapon of war
and caused by any person acting
maliciously or from a political motive.
27. Radioactive
Contamination Exclusion Clause
In no case shall this insurance
cover loss damage liability or expense directly or indirectly caused by or
contributed to by or arising from
27.1. ionising radiations from or
contamination by radioactivity from any nuclear fuel or from any nuclear waste
or from the combustion of nuclear fuel
27.2. the radioactive, toxic,
explosive or other hazardous or contaminating properties of any nuclear
installation, reactor or other nuclear assembly or nuclear component thereof
27.3 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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