pi_circular Insurance & claimsCompliance & regulation London P&I Club
The London P&I Club is the trading name of The London Steam-Ship Owners' Mutual Insurance Association Limited and its subsidiary The London P&I Insurance Company (Europe) Limited. The London Steam-Ship Owners' Mutual Insurance Association Limited. Registered in England No 10341. Registered Office: 50 Leman Street, London, E1 8HQ. The London P&I Insurance Company (Europe) Limited, a private limited liability company registered in Cyprus, No HE410091. Registered Office: Esperidon 5, 4th Floor, Strovolos, 2001, Nicosia. 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 London Steam-Ship Owners’ Mutual Insurance Association Ltd (“the Association”) will be held at the REGISTERED OFFICE of the Association, 50 LEMAN STREET, LONDON, E1 8HQ at 12 noon on WEDNESDAY, 1 FEBRUARY 2023, or as soon thereafter as the meeting of the Members’ 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 at the Meeting, will be submitted for adoption with or without modification and with effect from noon G.M.T. on the 20th day of February 2023. [New wording highlighted in bold & strikethrough. The explanatory notes in italics will not appear in the actual Rules]. RULE 1 – INTRODUCTORY (...) 1.14 This Rule 1.14 shall only apply following applies in connection with the withdrawal from the European Union by the United Kingdom, including where a transition agreement has been effected (and in connection with any transitional arrangements relating to the performance after such withdrawal of contracts of insurance within any jurisdiction within the European Union or the European Economic Area (such withdrawal from the European Union and the withdrawal or termination of any such transitional arrangements relating to the performance of contracts of insurance being, in each case, a “Brexit Event”)). 1.14.1 Subject to Rule 1.14.2 and to the extent that the Association as a consequence of a Brexit Event is: 1.14.1.1 not permitted by applicable law or regulation to perform any contract of insurance (including in respect of this or any other prior Policy Year) within this Class (or any part thereof); and/or 1.14.1.2 would become exposed to any legal or regulatory sanction as a consequence of performing such a contract (or any part thereof), such contract or such part that cannot be performed (per Rules 1.14.1.1 or 1.14.1.2) may instead be performed by a Subsidiary. [Explanation: the proposed amendments update and reflect the application of Brexit to the Rules]. RULE 3 – RIGHT TO RECOVER, AND SUBROGATION AND DEDUCTIBLES (...) 3.2 The Association shall be subrogated to all rights and claims which an Assured may have against any person in relation to any matter and/or claim giving rise to a right of recovery by that Assured against the Association or in relation to any matter and/or claim in respect - 2 of and/or as a result of which the Association incurs or may incur liability under any security the Association provides on behalf of an Assured. 3.2.1 Each Assured shall notify the Association of any such rights or claims immediately upon becoming aware of the same and shall do all such things and execute all such documents as the Association may require in relation to such rights and claims, including the execution of any assignmen
Circular 5.620: Rule Changes - Class 5
London P&I Club
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