Clause 3-36. Identification of the assured with its servants
The insurer may not invoke against the assured faults or negligence committed by the vessel’s master or crew in connection with their service as seafarers.
The insurer may invoke against the assured faults and negligence committed by any organisation or individual to whom the assured has delegated decision-making authority concerning functions of material significance for the insurance, provided that the fault or negligence occurs in connection with the performance of those functions.
Clause 3-37. Identification of two or more assureds with each other and of the assured with a co-owner
The insurer may not invoke against the assured faults or negligence committed by another assured or a co-owner of the insured vessel, or anyone with whom they may be identified under Cl. 3-36, sub-clause 2, unless the relevant assured or co-owner has overall decision-making authority for the operation of the vessel.
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Clause 3-37. Identification of two or more assureds with each other and of the assured with a co-owner
This Clause corresponds to Cl. 60, Cl. 129 and Cl. 134, sub-clause 2 of the 1964 Plan.
Clause 3-38. Identification of the assured with the person effecting the insurance
The insurer may invoke against the assured faults or negligence committed by the person effecting the insurance.
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Clause 3-38. Identification of the assured with the person effecting the insurance
As mentioned earlier, the 1964 Plan contained no rules on identification between the person effecting the insurance and the assured. However, the system of the Plan did provide that there was to be full identification between the person effecting the insurance and the assured, an approach that has been retained…
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Clause 3-36. Identification of the assured with its servants
This Clause corresponds to Cl. 59 and Cl. 61 of the 1964 Plan. The Commentary on the first sub-clause was amended in the 2010 Version.