BYE-LAW
RULES
DEFINITIONS
INTRODUCTORY
FREIGHT, DEMURRAGE & DEFENCE RISKS COVERED
HULL & MACHINERY RISKS COVERED
SPECIAL COVER
SPECIAL COVER FOR CHARTERERS, SPECIALIST OPERATIONS AND PASSENGER SHIPS
CONDITIONS, EXCEPTIONS AND LIMITATIONS
APPLICATIONS FOR INSURANCE AND DISCLOSURE
JOINT ENTRIES AND FLEET ENTRIES
GROUP AFFILIATE COVER
CERTIFICATE OF ENTRY AND ENDORSEMENT SLIP
REINSURANCE
MEMBERSHIP
ASSIGNMENT
CALLS AND GUARANTEES
FIXED PREMIUMS
PAYMENT
RESERVES
PERIOD OF INSURANCE
VARIATION OF CONTRACT
NOTICE OF TERMINATION
CLOSING OF POLICY YEARS
TERMINATION AND ITS EFFECTS
CESSER OF INSURANCE
CANCELLATION OF INSURANCE
FORBEARANCE AND REIMBURSEMENT
INVESTMENT
DISPUTES
 
 
 


Section 11

Hull War and Strikes Cover

A. Scope of the Cover

The Association shall be liable under Section 11 for loss of or damage to the entered ship or collision liability of or expense arising from general average or salvage or sue and labour of the entered ship caused by:

i. war, civil war, revolution, rebellion or civil strife arising therefrom, or any hostile act;

ii. capture, seizure, arrest, detainment, confiscation or blockade, but such claim shall be dealt with only on expiry of 6 (six) months from the day when such events arise;

iii. any weapons of war including mines, torpedos or bombs;

iv. strikes, lock-out or other similar events;

v. civil commotions, riots or other similar events;

vi. any malicious action by any person for a political motive.

B.  Exclusions

The Association shall not be liable for any loss, damage, liability or expense arising from:

i. atomic or hydrogen bombs or nuclear weapons of war;

ii. capture, seizure, arrest, detainment or confiscation by or under the order of the government or local authority of the country in which the entered ship is owned or registered;

iii. requisition or pre-emption;

iv. the outbreak of war (whether there be a declaration of war or not) between any countries which are permanent members of the Security Council of the United Nations.

C.  Termination of insurance

i. The Association or the Member shall be entitled to issue to the other at any time notice of cancellation to terminate the insurance under Section 11 of Rule 5. Such cancellation shall then become effective upon the expiry of 7 (seven) days from 24 hours Beijing time of the day on which the notice is issued;

ii. Whether or not such notice of cancellation has been given, the insurance under Section 11 of Rule 5 shall terminate automatically:

(i) upon the occurrence of any hostile detonation of atomic or hydrogen bombs or nuclear weapon of war wheresoever or whensoever such detonation may occur and whether or not the entered ship may be involved;

(ii) upon the outbreak of war (whether there be a declaration of war or not) between any countries which are permanent members of the Security Council of the United Nations;

(iii) in the event of requisition or sale of the entered ship.

D. Fundamental Conditions

i. The cover of Hull War and Strikes risks under Section 11 of Rule 5 is an additional insurance to the cover of Hull and Machinery Risks under Section 2 or Section 3 of Rule 5. The relevant provisions in respect of Hull and Machinery Cover of Sections 1 to 10 shall also apply to the Hull War and Strikes Cover under Section 11. In case of any conflict between any provisions under these Sections, for the purpose of Hull War and Strikes Cover, the provisions of Section 11 shall prevail;

ii. The Association shall not be liable for any claim which would be recoverable under any other insurance;

iii. In the event of the termination of insurance by virtue of paragraph [C] of Section 11, without prejudice to Rules 16, 22, 24, 25 and 26 of these Rules, a pro rata daily net Advance Call/Premiums shall be returned to the Member, but no return for any lay-up of the entered ship shall be payable under Section 11 of Rule5.

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