Section 8

Loss or damage to property

Liability to pay damages or compensation for any loss of or damage to any property (including infringement of rights) whether on land or water and whether fixed or moveable.

PROVIDED ALWAYS that

a. There shall be no recovery by a Member under this Section in respect of:

i. Liability which arises under the terms of any contract or indemnity to the extent that it would not have arisen but for those terms.

ii. Liability which is within the scope of the following Sections of this Rule:

Section 2, [C]        Liability to passengers

Section 4            Loss of or damage to personal effects  

Section 7            Collision liability

Section 12           Pollution risks

Section 13           Towage liability

Section 14           Wreck liabilities

Section 16           Cargo liabilities

Section 17           Property on the entered ship

iii. Any franchise or deductible borne by the Member under the Hull  Policies or the Hull Certificates of the entered ship.

b. If an entered ship causes loss or damage to property or infringes rights belonging wholly or in part to the Member of the entered ship, the Member shall have the same rights of recovery from the Association as if such property or rights belonged wholly to different owners.

Section 9

Diversion expenses

The net loss to a Member (over and above the expenses as would have been incurred but for the diversion) in respect of the cost of provisions, stores, fuel, insurance, wages, seamen allowance and port charges during a diversion of an entered ship incurred solely for the purpose of saving life at sea or for the purpose of securing treatment for an injured or sick person or while awaiting a substitute for such person or for the purpose of landing stowaways or refugees, but only if and to the extent that they are not recoverable from any third party.

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