Clause 3-29. Duty of the assured to notify the insurer of a casualty
If a casualty threatens to occur or has occurred, the assured shall, without undue delay, notify the insurer and keep it informed about further developments.
The assured and the master are required to notify the insurer of maritime inquiries and surveys which are to be held in connection with the casualty.
Clause 3-30. Duty of the assured to avert and minimise loss
If a casualty threatens to occur or has occurred, the assured shall do what may reasonably be expected of it in order to avert or minimise the loss. If possible, the assured shall consult the insurer before taking any action.
Clause 3-31. Consequences of the assured neglecting its duties
If the assured, intentionally or through gross negligence, fails to fulfil its duties under Cl. 3-29 or Cl. 3-30, the insurer shall not be liable for a greater loss than that for which it would have been liable if the duty had been fulfilled.
The same applies if the master neglects its duties under Cl. 3-29.
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Clause 3-31. Consequences of the insured neglecting its duties
This Clause corresponds to Cl. 54 of the 1964 Plan and the relevant Nordic Insurance Contracts Acts (Nordic ICAs). If the assured neglects his duty to report a casualty under Cl. 3-29 or implement measures to avert or minimise the loss under Cl. 3-30, the insurer shall be free from liability for…
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Clause 3-30. Duty of the assured to avert and minimise loss
This Clause corresponds to Cl. 53 of the 1964 Plan and the relevant Nordic Insurance Contracts Acts (Nordic ICAs). The first sentence imposes on the assured a duty to avert or minimise the loss, while the second sentence requires the assured to consult with the insurer. The provision corresponds …
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