PICC P&C SWEDISH CLUB CLAIMS LEADS
CLAUSE
1998-10—02
The Swedish Club (“The Club”) shall have
claims lead.
The Club as leading underwriter has the
right, in all respects, to decide any matter relating to any claim made under
this Policy, including but not limited to any decisions, agreements, payments,
settlements, claims, surveys, guarantees, towage, salvage, payments on account
and claim settlements.
Further, The Club shall at all times have the
right to appoint and employ their choice of experts including but not limited
to surveyors, lawyers etc. on behalf of the Assured to deal with any matters
involving third parties ( including investigating or advising and taking or
defending legal or other proceedings ) that may give rise to a claim by the
Assured on The Club.
The Club has the right to set off against any
sums due to the Assured, unpaid Coinsurers’or other underwriters’share of
shares of sums advanced and any and all
Sums incurred for provision of both claims
and general technical services including entry and condition surveys, if any,
to the Assured by The Club. Alternatively, The Club has the right to charge
participating Co-insurers directly any and all such sums mentioned in this
paragraph.
Should The Club at its own discretion decided
to make ex gratia payments to the Assured, The Club may limit such payments to
its share of the risk written under this Policy and such payments should in no
respect be binding for any other Coinsurers or underwriters participating in
this risk.
Notwithstanding any of the above, or any
condition in this Policy to the contrary, the liability of all underwriters to
the Assured shall remain several and nothing shall affect The Club’s right to
limit its liability to the Assured to the proportion of the risk which it has written
and The Club shall in no way be liable to the Assured for any amounts due or
agreed to be due but not recovered or recoverable from other underwriters or
Co-insurers.
Enclosure to
