Clause 1-1. Application and definitions
The rules in this Plan apply whenever the parties have agreed that the insurance contract shall be based on the Nordic Marine Insurance Plan of 2013. The Commentary to the clauses shall be considered as an integrated part of the insurance contract.
For the purposes of this Plan
- the insurer means the party who under the terms of the contract has undertaken to grant insurance,
- the person effecting the insurance means the party who has entered into the insurance contract with the insurer,
- the assured means the party who is entitled under the insurance contract to compensation or the sum insured. In liability insurance, the assured is the party whose liability for damages is covered,
- the broker means the entity that is instructed by the person effecting the insurance to act as an intermediary between the person effecting the insurance and the insurer.
Clause 1-2. Policy
When the contract is concluded, the person effecting the insurance may demand that a policy be issued. The policy shall confirm that a contract has been entered into and shall refer to the conditions. If the insurer wishes to invoke conditions which are not set out in the policy or incorporated in it by reference, the insurer has the burden of proving that the person effecting the insurance was aware of the relevant condition and that it was applicable.
The person effecting the insurance must raise any objections to the content of the policy without undue delay. If the person effecting the insurance fails to do so, the policy shall be considered approved.
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Clause 1-2. Policy
Sub-clause 1, first sentence, was editorially amended in 2016 replacing the term “require” with “demand”.
Clause 1-3. Contracts entered into through a broker
The broker acts on behalf of the person effecting the insurance in all cases except those where the insurer has given written authority to the broker to perform a specific function on behalf of the insurer.
If the person effecting the insurance demands that a policy be issued in accordance with Cl. 1-2 above, the broker shall assist in the issuing of such a policy. If the broker issues a policy on behalf of the insurer, the policy shall explicitly state that it has been issued by the broker on the authority of the insurer.
The broker is authorised to receive any return of premium or settlements of claim on behalf of the person effecting the insurance and/or the assured. The person effecting the insurance and/or the assured may at any time change or withdraw this authorisation by giving notice to the insurer.
The person effecting the insurance may pay the premium due to the insurer through a broker, but in accordance with sub-clause 1 the premium shall not be deemed paid until actually received by the insurer.
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Clause 1-3. Contracts entered into through a broker
This Clause was amended in 2016. Sub-clause 1 was rewritten based on the new definition of “broker” in Cl. 1-1 (d). The new sub-clause 1 replaced both sub-clauses 1 and 2 in earlier versions of the Plan. In sub-clause 2 (former sub-clause 3), first sentence, the word “requires” was replaced…
Clause 1-4A. Governing law
If insurance is effected with a Nordic claims leader, this insurance contract shall be governed by and construed in accordance with the law at the place where the head office of the claims leader is located at the time of the conclusion of the contract.
If insurance is effected with a non-Nordic claims leader, Norwegian law applies unless the parties have agreed on arbitration or court proceedings in another Nordic country. In that case, the law of that country applies.
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Clause 1-4A. Governing law
This Clause was amended in the 2013 Plan to adapt the Plan to its future application in Denmark, Finland and Sweden. In the 2019 Version, sub-clause 2 was amended and a new Cl. 1-4B on arbitration inserted. In the 2027 Version, the Clause was further amended to only regulate governing…
Clause 1-4B. Arbitration Clause
Any dispute arising out of or in connection with this insurance contract, including any disputes regarding the existence, breach, termination or validity hereof, shall be finally settled by arbitration under the Nordic Offshore and Maritime Arbitration Association’s (“NOMA”) Arbitration Rules and in force at the time when such arbitration proceedings are commenced. The Tribunal shall be composed of three arbitrators unless otherwise agreed.
If insurance based on this Plan is effected with a Nordic claims leader, the place of arbitration shall be the place where the head office of the claims leader is located at the time of the conclusion of the contract.
If insurance based on this Plan is effected with a non-Nordic claims leader, the place of arbitration shall be Oslo.
The language of the arbitration shall be English unless otherwise agreed after the commencement of the arbitration.
By agreeing to follow a claims leader, each of the co-insurers agree to consolidate an arbitration case against the assured in the same arbitration as an arbitration between the claims leader and the assured. The assured agrees to such consolidation. Regarding the appointment of arbitrators on the part of the co-insurers and the claims leader, Article 8 of the NOMA Rules applies.
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Clause 1-4B. Arbitration Clause
This Clause was new in the 2019 Version and only applicable if the parties had agreed to refer disputes to arbitration. In the 2027 Version, arbitration is made the default solution unless otherwise agreed. Thus, it must be specifically agreed to refer disputes to the courts, see Cl. 1-4C.
Clause 1-4C. Dispute resolution in the courts
If the parties have agreed in writing that disputes shall be referred to the courts, the following applies:
If the insurance is effected with a Nordic claims leader, legal proceedings which in any way concerns the insurance contract may only be instituted before the courts in the venue where the head office of the claims leader is located.
If the insurance is effected with a non-Nordic claims leader, legal proceedings which in any way concerns the insurance contract may only be instituted before Oslo District Court.
The co-insurer(s) may be sued in the venue of the claims leader.
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Clause 1-4C. Dispute resolution in the courts
This Clause was new in the 2027 Version of the Plan and includes parts of the previous Cl. 1-4A regarding dispute resolution by the courts.
Clause 1-5. Insurance period
Unless otherwise agreed, the insurer’s liability attaches when the person effecting the insurance or the insurer has approved the conditions stipulated by the other party.
If the insurer’s liability under the agreement attaches on a certain day without any indication of time, liability commences at 00:00 hours. If an insurance remains in effect until a certain day without any indication of time, liability ceases at 23:59:59 hours. The time shall be based on UTC.
The insurance terminates on expiry of the agreed insurance period, unless the parties agree to renew it. In the event of renewal, the conditions then agreed shall apply. The provision in Cl. 1-2 above shall apply correspondingly.
If it has been agreed that the insurance shall attach for a period longer than one year, the insurance period shall nevertheless be deemed to be one year in relation to Cl. 2-2, Cl. 2-11, Cl. 5-3, last sub-clause, Cl. 6-3, sub-clause 1, Cl. 12-2, Cl. 16-1, sub-clauses 3 and 4, and Cl. 16-14.
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Clause 1-5. Insurance period
This provision corresponds to Cl. 4 of the 1964 Plan and relevant sections of the Nordic Insurance Contracts Acts (Nordic ICAs). Sub-clause 4 was added in the 2003 Version of the 1996 Plan. Sub-clause 4 was further amended in the 2007 version in connection with the amendment to Cl. 12-2.…
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Clause 1-1. Application and definitions
Introduction
This Clause was amended in 2016. The definitions of “loss” and “particular loss” in previous versions were deleted and a new definition of “broker” was added in sub-clause (d). Further amendments were made in the 2027 Version of the Plan by including a new sub-clause 1 and moving the…