PROTECTION & INDEMNITY CLAUSES

Notwithstanding anything contained herein to the contrary these Protection and Indemnity Clauses exclude liability to crew/employees absolutely.

It is agreed that whenever “Ship” or “Ships” referred to herein, this Clause is extended to include those vessels/units as scheduled under this policy.

1. Scope of Liability

The Underwriters shall be liable of the liabilities, losses or expenses in pursuant of the following clauses:

(1) Compensation for loss of life of or personal injury to or illness of:

a. Any person arising from the fault or negligence of the insured ship and all persons employed by her, for which the Assured shall be liable.

b. Any person, for which the Assured shall be liable under statute or contract in relation to the insured ship.

c. Hospital medical or funeral expenses incurred under statute or contract in consequence of loss of life of, or personal injury to or illness of the master, crew members on board the insured ship or any substitute for or replacement of crew members of the insured ship including expenses incurred in consequence of the master, any crew member or substitute being, by reason of injury or illness, temporarily removed from the insured ship.

(2) Repatriation, despatching and other expenses

a. Expenses incurred for repatriating the master or crew members and repatriating or sending substitutes therefor, for which the Assured shall be liable under statute or contract.

b. Wages of the master or crew members of the insured ship during medical treatment abroad or during repatriation, wages payable to substitutes engaged abroad while awaiting and during repatriation and wages payable to the master or crew member after the total loss or sinking of the insured ship, for which the Assured shall be liable under statute or contract.

C. Expenses for the relief of distressed crew members of the insured ship, for which the Assured shall be liable under statute or contract and loss of personal effects of the crew members caused by marine perils.

d. Port and other indispensable expenses incurred for the purpose of disposing of stowaways or securing treatment ashore of any injured or sick persons on board the insured ship.

(3) Collision and pollution liability.

a. (I) Costs and expenses which the Assured may incur for taking reasonable measures to remove oil or oily mixture discharged from the insured ship of the oil or mixture causes damage by pollution to coast line or may create a grave and imminent danger of pollution thereto, and/or

(II) Costs and expenses reimbursed to the Government concerned which have been reasonably incurred for cleaning up the oil or oily mixture discharged through the negligence to any degree of the insured ship.

b. Compensation payable by the Assured to any other persons who sustain pollution damage as a result of a discharge of oil or oily mixture from the insured ship, for which the Assured is legally liable.

c. Loss of damage to any other ship or any property thereon (and costs and expenses incidental thereto), fixed and floating objects whatsoever, land or water if the liability for such loss or damage is imposed by statute or arose out of the negligent navigation or management of the insured ship of other negligent act or omission on board of or in relation to the insured ship, but in no cased shall this insurance cover liability for such loss, damage or expense as are recoverable under clause I.2.(1) of the Hull Insurance Clauses in respect of vessels covered under this policy.