Clause 17-1. Scope of application and applicable rules
The rules in this Chapter shall only apply to the extent that this follows from the insurance contract.
The rules in Part One shall apply with the following amendments:
- Arbitration/Ref. Cl. 1-4B
The language of the arbitration shall be the official language at the place of arbitration, unless otherwise agreed after the commencement of the arbitration.
Clause 17-2. Renewal of the insurance/Ref. Clause 1-5
Upon expiry of the insurance period, the insurance is automatically renewed for twelve months at the same premium and on the same conditions.
If the insurer does not wish to renew the insurance, or if it only wishes to renew it at a different rate or on different conditions, the insurer must notify the person effecting the insurance of this no later than 30 days prior to expiry of the insurance period.
If the person effecting the insurance wishes to cancel the insurance or if it does not wish to accept renewal at a new rate or on new conditions, it must notify the insurer of this no later than 14 days prior to expiry of the insurance period.
View Commentary Hide Commentary
Clause 17-2. Renewal of the insurance/Ref. Clause 1-5
The non-mandatory rule in the Norwegian Insurance Contracts Act (ICA) Section 3-6 concerning automatic renewal has been departed from in Cl. 1-5, sub-clause 3, of the Plan, which establishes that the insurance is not renewed unless this has been specifically agreed. Many of the persons effecting insurances in this industry…
Clause 17-3. Trading areas for fishing vessels/Ref. Clause 3-15
Unless otherwise provided in the insurance contract, insurance of fishing vessels shall be subject to the limitations that follow from Point III of the Appendix to the Plan, Trading areas applicable to insurance of fishing vessels pursuant to Chapter 17.
If a vessel proceeds beyond the trading areas pursuant to sub-clause 1, Cl. 3-15, sub-clause 5, shall apply correspondingly.
View Commentary Hide Commentary
Clause 17-3. Trading areas for fishing vessels/Ref. Clause 3-15
The consequence of the rules relating to trading areas being placed in Section 1 is that they automatically become applicable to all three types of insurance, hull, equipment and loss of hire.
Clause 17-4. Classification and vessel inspection/Ref. Clause 3-14 and Clause 3-8
If the vessel at the start of the insurance period is classified with a classification society approved by the insurer, Cl. 3-14 and Cl. 3-8, sub-clause 2, shall apply.
Vessels not ascribed to any class shall at the start of the insurance period have a valid certificate in accordance with the rules of the vessel´s flag state. Expiry of a valid certificate is considered equivalent to loss of class, cf. Cl. 3-14.
View Commentary Hide Commentary
Clause 17-4. Classification and vessel inspection/Ref. Clause 3-14 and Clause 3-8
Sub-clause 2 was amended in the 2013 Plan.
Clause 17-5. Safety regulations/Ref. Clause 3-22 and Clause 3-25
The following special safety regulations shall apply, cf. Cl. 3-25, sub-clause 2:
- The vessel shall not force ice.
- If the vessel has a trading certificate, the provisions in the certificate shall constitute special safety regulations.
- When the vessel is at quay or laid up, the assured shall secure the vessel and equipment and arrange for daily supervision of the vessel and its moorings. Accessories, equipment, catch or cargo shall be locked away, or fixed or bolted to the vessel so that they cannot be removed without the use of tools.
View Commentary Hide Commentary
Clause 17-5. Safety regulations/Ref. Clause 3-22 and Clause 3-25
Section 7, sub-clause 1, of the Norwegian Ship Safety Act No. 9 of 15 February 2007 reads as follows in English translation:
Clause 17-6. Savings to the assured
If the assured as a result of a casualty or liability covered by the insurance has received additional income, saved expenses or averted liability which the assured would otherwise have incurred and which would not have been covered by the insurer, the latter may deduct from the compensation an amount equivalent to the advantage gained.
View Commentary Hide Commentary
Clause 17-6. Savings to the assured
The provision is taken from the P&I conditions in the 1964 Plan, but contains a general principle of insurance law and has therefore been generalised.
View Commentary Hide Commentary
Clause 17-1. Scope of application and applicable rules
The Clause was amended in the 2027 Version of the Plan.