The Plan

Scroll to the top

Section 1: Duty of disclosure of the person effecting the insurance

  • Clause 15-1. Perils covered

    The insurance covers war perils, cf. Cl. 2-9.

    If the insurance against marine perils has been suspended under such circumstances as mentioned in Cl. 3-19, the insurance also covers marine perils, cf. Cl. 2-8.

    View Commentary Go to full Commentary page

    Clause 15-1. Perils covered

    Sub-clause 2 was edited in 2016 by deleting the word “are”. Sub-clause 1 sets out the perils covered under the war risks insurance and is, strictly speaking, unnecessary, since the same effect follows from the general part of the Plan. For pedagogical reasons, however, it is a logical step to hav...

  • Clause 15-2. Interests insured

    Subject to Cl. 15-3 the insurance covers:

    • total loss and damage, cf. Chapter 10-12 and Section 4 and 5 below,
    • collision liability, cf. Chapter 13,
    • hull interest/freight interest, cf. Chapter 14,
    • loss of hire, cf. Chapter 16 and Section 6 below,
    • owner’s liability (P&I), cf. Section 7 below including occupational  injuries etc. cf. Section 8 below.
    View Commentary Go to full Commentary page

    Clause 15-2. Interests insured

    As a starting point all the interests listed in Cl. 15-2 can be part of a war risks cover based on Chapter 15, but in order to get this comprehensive war risks cover the parties must agree in each individual contract which interests that shall be included in the cover, see further Cl. 15-3.

  • Clause 15-3. Sum insured

    Cover in respect of each of the interests listed in Cl. 15-2 is conditional upon the parties having agreed a separate sum insured for each interest. In the case of loss of hire insurance the insurance contract must also state the amount of the daily indemnity, cf. Cl. 16-5 and Cl. 16-6, the deductible period cf. Cl. 16-7, and number of days of indemnity per casualty and altogether, cf. Cl. 16-1, sub-clause 3.

    Unless otherwise agreed, the following sums insured shall apply:

    • The sum insured for Cl. 15-2 (e) P&I and occupational injury insurance is the total of the sums insured under Cl. 15-2 (a) and (c).  Within this combined sum, costs incurred to prevent loss under  Section 7 and 8 shall be covered. Cl. 4-18 shall not apply.
    • The sum insured for 15-2 (b) collision liability shall be equal to the  sum insured for Cl. 15-2 (a) with addition of the sum insured for  Cl. 15-2 (c) hull interest, cf. Cl. 14-1 (b). 
    View Commentary Go to full Commentary page

    Clause 15-3. Sum insured

    The reference to Cl. 14-1 (a) was corrected in 2016 to Cl. 14-1 (b). Cl. 4-18 is not set aside by Cl. 15-3 apart from what is expressly stated in sub-clause 2 (a), see further below. Cl. 15-3 sub-clause 1 requires that a separate sum insured is agreed and inserted in the individual contract of...

  • Clause 15-4. Safety regulations

    During the insurance period the insurer may, by means of special safety regulations, cf. Cl. 3-22, issue instructions that inter alia:

    • the vessel shall not embark on a planned voyage or complete a voyage in progress,
    • the vessel shall or shall not follow a specific itinerary,
    • the vessel shall deviate, be moved from one port to another, or remain in a specific port,
    • the vessel shall not carry cargo of a specific nature, or certain passengers,
    • the vessel shall or shall not comply with orders issued by a foreign State power,
    • the assured shall without undue delay give information about the vessel's position, about voyages which the vessel is making or is going to make, about times of departure and arrival, the nature of the cargo, the itinerary, the charter arrangement, etc., and of any changes as regards previously given information about such facts.

    In the event of a breach of a stipulated safety regulation, Cl. 3-25, sub-clause 2, shall apply correspondingly.

    View Commentary Go to full Commentary page

    Clause 15-4. Safety regulations

    Sub-clause 2 was amended in 2016 by deleting the references to Cl. 3-25, sub-clause 1. Sub-clause 1 gives the insurer the right to stipulate safety regulations while the insurance is running. The regulations will, in reality, be an instruction to the assured to do or refrain from doing certain...