PROTECTION AND INDEMNITY INSURANCE-WAR(EXCLUDING CREW) (ROW 128)
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PROTECTION AND INDEMNITY INSURANCE-WAR(EXCLUDING CREW) (ROW 128)

1.

This insurance covers, subject to the limit specified in Clause 3 hereof, but Costs and Sue and

Labour expenditure as below in addition, loss, liabilities and expenses which would, either

conditionally or un conditionally, be recoverable under the 1985 Rules of The West of England

Steamship Owners Mutual Protection and Indemnity Association (Luxembourg), (irrespective

of whether the property hereby insured is in fact entered in that Association) When any Sue and

Labour expenditure has been incurred (being expenditure reasonably incurred for the purpose of

averting or minimizing any loss, liability or expense covered by this insurance) with the consent

of Underwriters, the Underwriters will also pay their proportion of any costs and expenditure so

incurred.

Provided always that for the purpose of assessing any amount recoverable hereunder, the Rules

of the said Association shall be deemed to exclude:

(ⅰ) Rule 18; (the Rule relating to double insurance)

(ⅱ) Rule 5; (the so-called Omnibus Rule)

(ⅲ) Any Rule or Provision imposing any deductible or franchise or any limit of liability as

regards the amount recoverable from the Association.

2.

The cover afforded under this Section shall also extend to:-

The actual or attempted removal, raising, destruction, lighting or marking of the insured vessel

and any cargo thereof, from any place owned, leased or occupied by the Assured and arising

directly or indirectly out of any of the risks specified in Rule 14 (Liability excluded for War

Risks) of the Rules of the said Association.

3.

The limits referred to in Clause 1 above are”

(a) Expect in respect of such loss, liability or expenses as is mentioned in paragraph (b) below,

either the insured valued of the insured vessel in respect of which the claim arose (being

the agreed amount payable under the insurance(s) for war etc. risks on the insured vessel in

the event of total loss) or US$25,000,000 whichever is the greater.

(b) In respect of loss, liability or expenses for pollution a separate and independent limit of US

$25,000,000 or the insured value as defined in 3(a) above, whichever is the greater.

(c) The limits referred to above shall apply separately to the aggregate of such loss, liability

and expenses which in respect of each insured vessel are incurred on any distinct occasion

without regard to any loss, liability or expenses incurred on another occasion.

4.

Such contracts, indemnities and other agreements as required under the Rules of the said

Association are deemed to have been unconditionally approved for the purposes of this

insurance.

5.

In no event shall this insurance be deemed to cover any sum or sums which may become

payable in respect of the crew of the insured vessel, or any person employed in any capacity

whatsoever by the Assured or others in, on or about or in connection with the insured vessel or

her cargo, materials or repairs.

6.

Should the Vessel at the expiration of this insurance be at sea or in distress or at a port of refuge

or of call, she shall, provided previous notice be given to the Un

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