Clause 15-16. Relationship to Chapter 16
The provisions contained in this Section shall apply in addition to the provisions in Chapter 16.
Clause 15-17. Main rules regarding the liability of the insurer
Instead of Cl. 16-1 the following shall apply:
The insurance covers the assured’s loss of income due to the vessel being wholly or partially deprived of income-earning activity as a consequence of damage caused by a war peril pursuant to Cl. 2-9 and which is otherwise recoverable under the conditions of the Plan, or which would have been recoverable if no deductible had been agreed, see Cl. 12-18.
The insurance also covers the assured’s loss of income due to the vessel being wholly or partly deprived of income-earning activity:
- because the vessel has stranded as a result of a war peril under Cl. 2-9, or
- because the vessel is prevented by physical obstruction (other than ice), caused by a war peril, from leaving a port or similar limited area, or
- as a consequence of measures taken to salvage or remove cargo which has been damaged by a war peril, or
- as a consequence of an event that is allowed in general average pursuant to the 2016 York-Antwerp Rules and which is a result of a war peril, or
- because the vessel is prevented from leaving a port or a similar limited area, without a physical obstruction in place, due to a peril covered by Cl. 2-9, letters (a) or (b).
The insurer’s liability resulting from any one casualty, and from all casualties occurring during the insurance period, shall be limited to the sum insured per day multiplied by the number(s) of days insured respectively as stated in the insurance contract.
Following a casualty, the insurance contract shall be automatically reinstated back to the original limits of liability. The premium payable for such reinstatement shall be 100 % of the agreed premium pertaining to the vessel involved, calculated pro rata on the amount reinstated irrespective of time of the remaining period of insurance.
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Clause 15-17. Main rules regarding the liability of the insurer
The Clause was amended in the 2027 Version. The old clause was deleted and replaced by this new Cl. 15-17.
Clause 15-18. Loss caused by instructions issued by the insurer
The insurer is also liable for loss of time resulting from instructions issued by the insurer, cf. Cl. 15-4. However, this does not apply to instructions given by the insurer in connection with the outbreak of war.
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Clause 15-18. Loss caused by instructions issued by the insurer
The Clause was amended in the 2027 Version. The first was an editorial amendment from “orders issued by the insurer” to “instructions issued by the insurer” to be consistent with the wording in Cl. 15-4. Further, sub-clause 2 was deleted.
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Clause 15-16. Relationship to Chapter 16
The Clause was amended in the 2027 Version by deleting sub-clause 2 which is now encompassed by Cl. 15-17, sub-clause 3, letter e.