pi_circular Insurance & claims London P&I Club
CLASS 5, THE PROTECTING AND INDEMNITY CLASS ____________________ NOTICE IS HEREBY GIVEN that a SEPARATE MEETING of the MEMBERS OF CLASS 5, THE PROTECTING AND INDEMNITY CLASS, of the Association will be held at the REGISTERED OFFICE of the Association, 50 LEMAN STREET, LONDON, E1 8HQ at 12 noon on WEDNESDAY, 26th JANUARY 2011, or as soon thereafter as the meeting of the Committee called for that day is finished, for the purpose of amending the Rules. The following amendments together with such further amendments, if any, as may be proposed will be submitted for adoption with or without modification and with effect from noon G.M.T. on the 20th day of February 2011. [New wording is in bold. The explanatory notes in italics will not appear in the actual Rules.] RULE 9 RISKS COVERED 9.13 Collision with Other Vessels: 9.13.1 The liabilities set out in Rule 9.13.1.1 - 9.13.1.4 to pay damages to any other person as a consequence of a collision between an entered Ship and any other Ship or vesse l to the extent that such liabilities are not covered by the hull policies of the entered Ship or would not be covered under the usual form of Lloyds Policy with the Institute Time Clauses Hulls including the Three-Fourths Collision Liability Clause attached (under which the entered Ship is deemed by Rule 12 to be insured) namely: 9.13.1.1 One-fourth of the liability arising out of the collision, other than the liabilities set out in Rule 9.13.1.2 hereof which shall be recoverable in full; or where the Association shall have previously agreed in writing (which may include the requirement of an further increased Call or premium ) four-fourths of such liability. 9.13.1.2 Four-fourths liability arising out of the collision for or relating to: 9.13.1.2.1 the raising, removal, destruction, lighting or marking of obstructions, wrecks, cargoes or any other thing; 9.13.1.2.2 any real or personal property except other Ships with which the entered Ship is in collision or vessels and property on such other Ships or vessels; 9.13.1.2.3 pollution or contamination of any real or personal property, or the threat thereof, except other Ships or vessels with which the entered Ship is in collision and property on such other Ships or vessels ; 9.13.1.2.4 the cargo or other property on the entered Ship or general average contributions, special charges or salvage paid by the owners of that cargo or property; 9.13.1.2.5 loss of life, personal injury or illness, repatriation or substitute expenses. - 2 9.13.1.3 That part of the Assured’s remaining three-fourths liability, which exceeds the greater of three-fourths of the actual insured value in the hull policies of the entered Ship or three-fourths of whatever value the Committee in its sole discretion may determine as the appropriate full value for which the entered Ship is deemed to be insured under Rule 12. 9.13.1.4 The Assured’s liability which exceeds the greater of the actual insured value in the hull policies of the entered Ship or whatever value the Committee in its sole discretion may determine as the appropriate full value for which the entered Ship is deemed to be insured under Rule 12, 9.13.1.4.1 PROVIDED that the terms on which the Ship is entered specifically exclude recovery of those liabilities defined in Rule 9.13.1.1; 9.13.2 PROVIDED that: 9.13.2.1 an Assured shall not be entitled to recover under Rule 9.13 any franchise or deductible borne by him under the hull policies of the entered Ship; 9.13.2.2 if the en
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