pi_circular Insurance & claimsCompliance & regulation 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 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 and/or via the Zoom video conferencing platform at 12 noon on WEDNESDAY, 27 th JANUARY 2021, 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 2021. [New wording is in bold. The explanatory notes in italics will not appear in the actual Rules.] RULE 1 – INTRODUCTORY 1.1 In these Rules, unless the context requires otherwise: “Assured” means a person whose application for insurance within this Class of any interest in a Ship has been accepted by the Association and includes, for the avoidance of doubt, a Principal Assured, a Co-assured, an Other Assured and persons with Fixed Premium Entries; “Himalaya Clause“ means a clause stipulating that the servant, agent, or independent contractor employed by the contracting party shall be entitled to the protection and benefit of every right, exemption, limitation, immunity or defence available to that contracting party and that the contracting party is contracting not only on his own behalf but as agent or trustee for such persons; ‘’Knock for Knock’’ means a provision or provisions stipulating that: (a) each party to a contract shall be similarly responsible for loss of or damage to, and/or death of or injury to, any of its own property - 2 or personnel, and/or the property or personnel of its contractors and/or of its and their subcontractors and/or of other third parties, and that (b) such responsibility shall be without recourse to the other party and arise notwithstanding any fault or neglect of any party, and that (c) each party shall, in respect of those losses, damages or other liabilities for which it has assumed responsibility, correspondingly indemnify the other against any liability that that party shall incur in relation thereto. “Other Assured” means a person to whom the benefit of an Assured’s insurance is agreed to be extended by the Association pursuant to Rule 23.32; “Principal Assured” means the Assured who is named as Principal Assured in the Certificate of Entry (or any amendment thereto); [Explanation: the additional definitions are a result of the changes to Rules 9.16 and 23 set out below.] 9.16 TOWAGE 9.16.1 Liabilities arising out of Ttowage of an entered Ship PROVIDED that there shall be no right of recovery for liabilities, costs and expenses incurred under or pursuant to the terms of a contract other than: 9.16.1.1 Liabilities under or pursuant to the terms of any contract for customary towage of an entered Ship, namely: (i) towage of an entered Ship for the purpose of entering or leaving port or manoeuvring within the port during the ordinary course of trading; or (ii) towage of an entered Ship which is habitually towed in the ordinary course of trading from port to port or from place to place, which has been so declared to the Association in writing PROVIDED that such liabilities shall only be covered by the Associ
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