HomeMy WebLinkAboutBarge -2005 CLARK GENERAL INSURANCE
1505 ALLISON LANE
P.O. BOX 847
JEFFERSONVILLE, IN 47131-0847
(812)282-7797 PH (812)282-3172 FAX
juneclarkgeneralC~yahoo.com
04/27/2005
CITY OF JEFFERSONVILLE
CLERK TREASURER
RE: THE BARGE INSURANCE
,
Enclosed please find the "paid in full" property & liability insurance on the Barge.
Thank you, June Wilson
Acordia of Kentucky
950 Breckenridge Lane
Suite 50
P.O. Box 7809 (ZIP 40257-0809)
Louisville, KY 4020'7-4675
Voice: 502.425.9444
Fax: 502.429.5465
www.acordia.eom
April 25, 2005
City of Jeffersonville
c/o Clark General Insurance
PO Box 847
Jeffersonville, IN 47130
Re:
Policy Number- HUN00876689-002
Dear June:
I am pleased to enclose the above captioned policy effective January 12,'2005 to 2006. We just
received this policy from the insurance company earlier this month.
If you have any questions concerning the insurance coverage being provided do not hesitate in
contacting our office,
Sincerely,
Penny Bras, IC
Customer/kee6unt Manager
Direct Line: 502-326-4081
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A Wells Fargo Company
A Member of theglobal Network.
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EVIDENCE OF MARINE INSURANCE
City of Jeffersonville
WARRANTIES:
Warranted Vessel Crewed, Manned and Operated in Accordance with United States Coast Guard Certificate of
Inspection.
Warranted and laid up for the period as shown above.
Trading Warranty:
TRIA Allocation:
Per United States Coast Guard Certificate of Inspection
115
REQUIREM,ENTS'
Credit terms are 30 days from inception date
Safety equipment as per Coast Guard requirements
Full premium payable if vessel(s)lost
60 Days Notice of Cancellation (10 days for non-payment of premium)
Forms Attached: Schedule of Vessels
ANNUAL PREMIUM' $5,750
Indemnity Insurance Company of North America (Ace)
Authorized Representative
-' ViNDEMNiTY tNSURAN I " COMPANY
OF NORTH A RICA
Aon Risk Services
1660 West 2nd Street
Skylight Office Tower, Suite 650
Cleveland, OH 44113
(216) 621-8100
Date
C:\Documents and Settings\rxbern\Local Settings\Temporary Internet Files\OLK10\Marine Evidence.doc
Aon Risk Services
1 / 13/(:)5
ASSURED'
EVIDENCE OF MARINE INSURANCE
City of Jeffersonville
Spring Street
Jeffersonville, Indiana 47131
Loss Payee' Assured or Order
Policy Number: HU N00876689-002
PERIOD OF INSURANCE:
From' 1/12/2005
To' 1/12/2006
12-01 a.m. Eastern Standard Time
12'01 a.m. Eastern Standard Time
ASSURER:
100% Indemnity InSurance Company of North America (Ace)
A XI! Best Rating A neg Standard & Poors Rating
LAY-UP PERIOD'
None
COVERING ON' Section 11'
Section I!1:
Hull & Machinery, Schedule Attached
Policy Form: American Institute Hull Clauses (6/2/1977)
Protection & Indemnity
Policy Form: SP.23 (Revised)
LIMIT OF LIABILITY:
Section II- Hull & Machinery'
Section III- Protection & Indemnity:
As per schedule
$1,000,000 Combined Single Limit including Liability
to Crew, Liability to Passengers and Collision Liability in the aggregate
any one accident and/or occurrence, with exception of:
Personal Effects
Medical Payments
Voluntary Wreck Removal
$1,000 per occurrence
$2,500 per person
$25,000 per occurrence
DEDUCTIBLES:
Subject to each and every occurrence and/or accident
Section II - Hull & Machinery
As Per Schedule
Section III - Protection & Indemnity:
Bodily Injury
Property Damage
$2,500
$8,000
C:\Documents and Settings\rxbern\Local Settings\Temporary Internet Files\OLK10\Marine Evidence.doc
Aon Risk Services
1/13/05
MARINE INSURANCE POLICY
DECLARATIONS PAGE
ASSURED:
City of Jeffersonville
Spring Street
Jeffersonville, Indiana 47131
Loss Payee: Assured orOrder
Policy Number: HU N00876689-002
PERIOD OF INSURANCE:
From: 1112/2005
To: 1/12/2006
12:01 a.m. Eastern Standard Time
12:01 a.m. Eastern Standard Time
ASSURER:
100% Indemnity Insurance Company of North America (Ace)
LAY-UP PERIOD:
None
COVERING ON:
Section I1:
Section II1:
Hull & Machinery, Schedule Attached
Policy Form: American Institute Hull Clauses (6/2/1977)
Protection & Indemnity
Policy Form: SP.23 (Revised)
LIMIT OF LIABILITY:
Section I!- Hull & Machinery:
Section II!- Protection & Indemnity:
As per schedule
$1,000,000 Combined Single Limit including Liability
to Crew, Liability to Passengers and Collision Liability in the aggregate
any one accident and/or occurrence, with exception of:
Personal Effects
Medical Payments
Voluntary Wreck Removal
$1,000 per occurrence
$2,500 per person
$25,000 per occurrence
DEDUCTIBLES:
Subject to each and every occurrence and/or accident
Section II- Hull & Machinery
As Per Schedule
Section III- Protection & Indemnity:
Bodily Injury
Property Damage
$2,5O0
$8,000
Aon Risk Services
1/26/05
MARINE INSURANCE POLICY
DECLARATIONS PAGE
City of Jeffersonville
WARRANTIES'
Warranted Vessel Crewed, Manned and Operated in Accordance with United States Coast Guard Certificate of
Inspection.
Warranted and laid up for the period as shown above.
Trading Warranty:
TRIA Allocation'
Per United States Coast Guard Certificate of Inspection
115
REQUIREMENTS:
Credit terms are 30 days from inception date
Safety equipment as per Coast Guard requirements
Full premium payable if vessel(s)lost
60 Days Notice of Cancellation (10 daYs for non-payment of premium)
Forms Attached: Schedule of Vessels
ANNUAL PREMIUM: $5,750
Indemnity Insurance Company of North America (Ace)
Authorized Representative
INDEMNITY INSURANCE COMPANY
OF NORTH AMERICA
Aon Risk Services
1660 West 2nd Street
Skylight Office Tower, Suite 650
Cleveland, OH 44113
(216) 621-8100
Date
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Endorsement #1
The Indemnity Insurance
Company of North America
HU N00876689-002
Policy Number
City of Jeffersonville
Insured Name
POLICYHOLDER DISCLOSURE
NOTICE OF TERRORISM
INSURANCE COVERAGE
You should be aware that under the Terrorism Risk Insurance Act of 2002 ("The Act") effective November 26,
2002, any losses caused by certified acts of terrorism under your existing coverage may be partially reimbursed
by the United States under a formula established by federal law (applicability is subject to the terms and
conditions of each individual policy). The Act was specifically designed to address the ability of businesses and
individuals to obtain property and casualty insurance for terrorism and to protect consumers by addressing market
disruptions and ensure the continued availability of terrorism coverage.
Under the terms of The Act, you may now have the right to purchase insurance coverage for losses arising out of
acts of terrorism, as defined in Section 102(1) of the Act: The term "act of terrorism" means any act that is certified
by the Secretary of the Treasury, in concurrence with the Secretary of State, and the Attorney General of the
United States--to be an act of terrorism; to be a violent act or an act that is dangerous to hUman life, property; or
infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an
air carrier or vessel or the premises of a United States mission; and to have been committed by an individual or
individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian
population of the United States or to influence the policy or affect the conduct of the United States Government by
coercion.
Responsibility for Compensation under The Act is shared between insurance companies covered by The Act and
the United States. Under the formula set forth in The Act, the United States pays 90% of covered terrorism losses
exceeding the statutorily established deductible, which is paid by the insurance company providing the coverage.
We are providing you with the terrorism coverage required by The Act. We have not established a separate price
for this coverage; however the portion of your annual premium that is reasonably attributable to such coverage is'
$ 115.00
Notice Form 3b (New/Renewal)
INDEMNITY INSURANCE COMPANY
OF NORTH AMERICA
MARINE' INSURANCE ENDORS~E'M~N'1~'
PA$$FNGF~R VESSEL ASSOCIATION INSURANCE PROGRAM
Endorsement No. 2 I Effective: °'1'/12i20°5 ~°°1112/20°6
Assured: City OfjeffersOnVille~ ~
Attached to and forming'~a p~Of policy~Number: H~U N0~0876689'002
Assurer: IndemnitY lns~ura~nce~c°mpany of N'A,
Authorized Representative Date
INDEMNITY INSURANCE COMPANY
American Institute OF NORTH AMERICA
Hull War Risks and Strikes Clauses ~
(Including Automatic Termination and Cancellation Provisions)
For Attachment to American Institute Hull Clauses
December 1, 1977
To be attached to and form a part of Policy No. HU N00876689-002 of the Indemnity Insurance Co. of N.A.
* This insurance, subject to the exclusions set forth hereto, covers only those risks which would be covered by the
attached Policy (including collision liability) in the absence of the WAR, STRIKES AND RELATED EXCLUSIONS clause
contained therein but which are excluded thereby and which risks shall be construed as also including'
1. Any mine, bomb or torpedo not carried as cargo on board the Vessel;
r/.:z Any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive forcer or
"'~ matter;
3. Civil war, revolution, rebelliOn, insurrection, or civil strife arising therefrom;
4. Strikes, lockouts, political or labor disturbances, civil commotions, riots, martial law, military or usurped power;
5. Malicious acts or vandalism to the extent only that such risks are not covered by the attached Policy;
6. Hostilities or warlike operations (Whether there be a declaration of war or not) but this paragraph (6) shall not include
collision or contact with aircraft, rockets or similar missiles, or with any fixed or floating object, or stranding, heavy
weather, fire or explosion unless caused directly by a hostile act by or against a belligerent power which act is
independent of the nature of the voyage or service which the Vessel concerned or, in the case of a collision, any other
vessel involved therein, is performing. As used herein, "power" includes any authority maintaining naw~i, military or air
forces in association with a power.
EXCLUSIONS
This insurance does not cover any loss, damage or expense caused by, resulting from' or incurred as a
consequence of:
a. Any hostile detonation of any weapon of war described above in paragraph (2):
b. Outbreak of war (whether there be a declaration or war or not)between any of the following countries: United
States of America, United Kingdom, France, the Union of Soviet Socialist Republics or the People's Republic of
China;
c. Delay or demurrage;
d. Requisition or preemption;
e. Arrest, restraint or detainment under customs or quarantine regulations and similar arrests, restraints or
detainments not arising from actual Or impending'hostilities;
f. Capture, seizure, arrest, restraint, detainment, or confiscation by the Government of the United States or of the
country in which the Vessel is owned or registered.
~-'~LD COVERED AND OTHER PROVISIONS
The held covered clause appearing under the heading ADVENTURE in the attached Policy is deleted and the
following clause substituted therefore:--
"Subject to the provisions of the Automatic Termination and Cancellation Clauses below, held covered in
the event of any breach of conditions as to loading or discharging of cargo at sea, or towage or salvage
activities provided (a) notice is given to the Underwriters immediately following receipt of knowledge
thereof by the Assured, and (b) any amended terms of cover and any additional premium required by the
Underwriters are agreed to by the Assured."
If at the natural expiry time of this insurance the Vessel is at sea, this insurance will be extended, provided
previous notice be given to the Underwriters, for an additional premium at a rate to be named by the Underwriters, until
midnight Local Time of the day on which the Vessel enters the next port to which she proceeds and for 24 hours
thereafter, but in no event shall such extension affect or postpone the operation of the Automatic Termination and
Cancellation Clauses below.
Warranted not to abandon in case of capture, seizure or detention, until after condemnation of the property
insured.
The provisions of the attached Policy with respect to constructive Total Loss shall apply only to claims arising from
physical damage to the Vessel.
AUTOMATIC TERMINATION AND CANCELLATION CLAUSES
A. This insurance and any extension thereof, unless sooner terminated by the provisions of section B or C, shall
terminate automatically upon and simultaneously with the occurrence of any hostile detonation of any nuclear weapon
of war as defined above, whatsoever such detonation may occur and whether or not the Vessel may be involved.
B. This insurance and any extension thereof, unless sooner terminated by the provisions of section A or C, shall
terminate automatically upon and simultaneously with the outbreak of war, whether there be a declaration of war or
not, between any of the following countries' United States of America, United Kingdom, France, the Union of Soviet
Socialist Republics or the People's Republic of China;
C. This insurance and any extension thereof, unless sooner terminated by section A or B, shall terminate automatically if
and when the Vessel is requisitioned, either for title or use.
~ This insurance and any extension thereof may be cancelled at any time at the Assured's request, or by Underwriters
upon 14 days' written notice being given to the Assured, but in no event shall such cancellation affect or postpone the
operation of the provisions of sections A, B or C. Written or telegraphic notice sent to the Assured at his (its) last
known address shall constitute a complete notice of cancellation and such notice mailed or telegraphed to the said
Assured, care of the broker who negotiated this insurance, shall have the same effect as if sent to the said Assured
direct. The mailing of notice as aforesaid shall be sufficient proof of notice and the effective date and hour of
cancellation shall be 14 days from midnight Local Time of the day on which such notice was mailed or 'telegraphed as
aforesaid. Underwriters agree, however, to reinstate this insurance subject to agreement between Underwriters and
the Assured prior to the effective date and hour of such cancellation as to new rate of premium and/or conditions
and/or warranties.
RETURNS OF PREMIUM
The RETURNS OF PREMIUM clause of the attached Policy is deleted and the following substituted therefore--
"in the event of an automatic termination or cancellation of this insurance under the provisions of sections
A, B, C or D above, of if the Vessel be sold, pro rata net return of premium will be payable to the Assured,
provided always that a Total Loss of the Vessel has not occurred during the currency of this Policy. In no
other event shall there be any return of premium.
THIS INSURANCE SHALL NOT BECOME EFFECTIVE IF, PRIOR TO THE INTENDED TIME OF ITS ATTACHMENT,
THERE HAS OCCURRED ANY EVENT WHICH WOULD HAVE AUTOMATICALLY TERMINATED TH~S INSURANCE
UNDER THE PROVISIONS OF SECTIONS A, B, OR C HEREOF HAD THIS INSURANCE ATTACHED PRIOR TO
SUCH OCCURRENCE.
MARINE INSURANCE ENDORSEMENT
PASSENGER VESSEL ASSOCIATION INSURANCE PROGRAM
Endorsement No. 3 .... ~~'~--'~1~~ ~'~ ~"~i1'~!'~"~
Assured: City of Jeffersonville
i~ ~e_d to and forming a part of ~--~li~ ~-m-~. ~-~ ~~
Assurer: IndemnitY, Insura--~ce Company of N.A.
Authorized Representative
American Hull Insurance Syndicate INDEMNITY INSURANCE COMPANY
War Risk Protection & Indemnity Clauses 0F NORTH AMERICA
January 18, 1970
A. This insurance is also to cover the liability of the assured for Protection and Indemnity Risks excluded from Marine
Protection and Indemnity Policies commonly issued by stock insurance companies in the United States by the
following or a substantially similar F.C. & S. Clause:
"Notwithstanding anything to the contrary contained in this policy, no liability attaches to the company,
directly or indirectly, for or in respect of any loss, damage or expense sustained by reason of any ~aking
of the vessel by requisition or otherwise, civil war, revolution, rebellion, or insurrection, or civil strife arising
therefrom, capture, seizure, arrest, restraint or detainment, or the consequences thereof or of any attempt
thereat; or sustained in consequence of military, naval or air action by force of arms, including mines and
torpedoes or other missiles or engines of war, whether of enemy or friendly origin; or sustained in
consequence of placing the vessel in jeopardy as an act or measure of war taken in the actual process of
a military engagement, including embarking or disembarking troops or material of war in the immediate
zone of such engagement; and any such loss, damage and expense shall be excluded from this policy
without regard to whether the Assured's liability therefor is based o negligence or otherwise, and whether
before or after a declaration of war."
B. This insurance includes liability of the assured arising out of strikes, riots and civil commotions and for contractual
repatriation expenses of any member of the crew as a result of perils excluded by the aforesaid F.C. & S. Clause.
C. The Underwriters agree to accept the same percentage interest under these clauses as accepted under the Hull War
Risks and Strikes Clauses.
D. The liability of the Underwriters under these clauses in respect of any one accident or series of accidents arising out
of the same casualty shall be limited to the Amount Insured Hereunder.
E. Claims for which the Underwriters shall be liable under these clauses shall not be subject to any deduction.
F. This Protection and Indemnity Insurance shall terminate automatically at the same time as the insurance afforded by
the Hull War Risks and Strikes Clauses and upon the terms and conditions contained in the Automatic Termination
and Cancellation provisions of said Clauses.
G. Notwithstanding the provisions of Clause F, in the event of loss or shipwreck of the vessel from any cause prior to the
natural expiry time or automatic termination of this policy, this insurance shall continue to cover the liability of the
assured to the crew of the insured vessel, subject to its terms and conditions and at an additional premium if so
required by Underwriters, until the crew shall be either discharged or landed at a port or place to which the owners or
charterers are obliged to bring them.
H. Notwithstanding any of the foregoing provisions ali liabilities covered by the Second Seamen's form of policy are
excluded from this insurance.
other terms and conditions remaining unchanged.
Dated:
Signed
pASSENGERVESSELAS$OCIATION
Insurance Program as of 41~12001 (Revised 10/0112003)
.
TABLE OF CONTENTS
TOPIC
PAGE
ATTACHMENTS TO DECLARATIONS PAGE
'SECTION I ........... ' . . ................................................................................. ,..,, .... .,,,~?...!
GENERAL CONDITIONS .................. ' ' . ...... : ......... , ....................... 1
General Terms And Conditions Applicable To All Sections ...... ". '...-'.. '...;..; ...... . ..... 1
BROAD FORM NAMED ASSURED ' . ....... -...' ........... .~.~...~..,~.~ .... i.1
NOTICE OF LOSS ............................................................................................ ' -1
TRADING WARRANTY ................................. ' ...................................... 1
-LIP .........................., ........................................................................
SISTERSHIP CLAUSE .............................................. : ........................................... 1
ADDITIONAL ASSUREDS ...................... . ' .....' ............. ' ...... ' ..................... 2
., PC)I_ICY'AUTHORS- ~' ................. ' . ......................... - ...................
2
----'-- ' '--- --CANCELLATION ............................. ' ........... . ......... ' .............................. 2
CAPTAIN '.. '..'" ....................................................................... ' .................. 2
COAST GUARD ................ ' .................................................. ' ................. 2
SEAWORTHINESS ............................................................................................... . 3
AUTOMATIC ACQUISITION ....................... ' ........... , ...................... 3
BUILDER'S RISK ................................................................................................. 3
CHARTERER'S LIMITATION ........................ ' ........................................................ 3
TITLES OF CLAUSES ........................................................................ ' ................... 4
DISBURSEMENTS WARRANTY ......................................... ',. ................... · ........... 4
CERTIFICATES ................... ' .......................................... ' ......... ' .......................... 4
DEDUCTIBLES ......................................................................... '-" ........................ 4
'PUNITIVE' DAMAGES EXCLUSION CLAUSE., ........................................ ' .......... 4
NUCLEAR EXCLUSION CLAUSE ............................. ' ' ....4
SECTION II ................................................................... ' ................ ' ....... "' ...... "' $
HULL AND MACHINERY ...... ' .................................................................. ' .... ". '~ . ..... '..6
AmeriCan Institute Hull ClaUses (June 2, 1977) ............................... , ......... , ..... , .......... 6
ASSURED .............................................. ' ...... ' " ...6
LoSs PAYEE ........................... ' ................................... " - . ....... ' .................. 6
VESSEL.. ' ' - , ................... . ................ 7
AGREED-VALUE'....` ..................................................... ' · . ............ :..7
AMOUNT INSURED HEREUNDER.' ....... 7
DEDUCTIBLE'. ...................... . .......................... ...,... 8
'- pREMIUM ...................................................................................... ""' ..................... 8
ADVENTURE ............................................... ' ............................................ 8
9
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R '
PE ... .................... , ............................ '-- .............. ' ....... : ............................
ADDITIONAL pERt'ES (INCHMAREE) ............................ ' .................. ..-' ....... 9
DELIBERATE DAMAGE (POLLUTION HAZARD) . . ..................... . ............ 9
Aon Risk Services
·
PASSENGER VESSEL ASSOCIATION
InsUrance Program as of 41112001 (Revised 1010112003)
CLAIMS (GENERAL PROVISIONS) ................................................................... 10
GENERAL AVERAGE AND SALVAGE ............................................................... 11
TOTAL LOSS ...................................................................................................... 12
SUEAND LABOR ............................... ,. ...... : .......... .~... ......... , ..... ..,.,.... ..... ,,,..,..... ..... 12
PILOTAGE AND TOWAGE ................................................................................ 13
CHANGE OF OWNERSHIP .............................................................................. 13
ADDITIONAL INSURANCES ............................................................................ ,. 14
WAR STRIKES AND RELATED~EXCLUSIONS...,. ..... ,,.....,.~.~..,,~,,.~.,.,,.,.~...,,.,~,..,,.~.,~15
SECTION II ......... ,. ....... ? ........ · ..... ...,..,,,,-,,,,-.-.... .... ,,,..,..~17
HULL & MACHINERY ................................................... , ............................ ' ...... , ............ 17
American Institute S.R. & C,C. Endorsement (Hulls) September 8, ~959 ............... 17
SECTION II .............................................................................................. .-------,,..,.,-,, ....
HULL & MACHINERY ............................................................. .,., ..... , ..... ,..,,,.-,,,,,~.,,., .....
SECTION !11 ........ ... ...................... .. .... ... ............ .., .............. ,..,.... ............ ,...,,..,,...., ............... 19
PROTECTION & INDEMNITY ........................................... · ...... ....,.,,,.,-.~,,,.,.,,,.,~,,, ....... 19
SP 23 (Revised) ............................................. , .......................... - - ...,..,,,,,,,.., .... 19. '
LOSS OF LIFE, INJURY AND ILLNESS ............................... , ........... ~..,.,~ .... , ........ 19
HOSPITAL, MEDICAL, OR OTHER EXPENSES ................................................ 19
REPATRIATION EXPENSES ........ , .............................. ...,~,~...~.,.~..,~,,....~,,,.,........,..~.~,.~.,.. .... ~ .... 20
COLLISION LIABILITY ............................................. , ,...,...'..,,.,,..~._....,...~.~,~,~.~. ........... 20
DAMAGE TO OTHER VESSEL OR PROPERTY ON BOARD CAUSED
· BY COLLISION ........ ' ' ' . ...... 21
PRINCIPLE OF CROSS-LIABILITIES TO~PREVAIL....~., .... .~.~.,~.,.~.~,,.~.~.~..,.,.~,...,..,.~,,,, ...... 21
DAMAGE' TO OTHER VESSEL OR PROPERTY~ ON .'BOARD...NOT." .....
CAUSED BY COLLISION ........................................................................ 22
DAMAGE TO DOCKS, PIERS, ETC ................................................................... 22
REMOVAL OF WRECK ........................................... , .................... .. ..................... 22
CARGO ............................................................. . ...... : .................... ~-.-,..--.-.-:,-... ....... 22
SPECIE, BULLION, PRECIOUS STONES, ETC .................................. , ............. 23
REFRIGERATION .............................................................................. 23
STOWAGE IN IMPROPER PLACES.. ...................... - ............. '..' ...... ,.,~.,..~,,~,.~.....~...,,.23
DEVIATION ................................................................................... ~ 23
FREIGHT ON CARGO SHORT DELIVERED ............................................. ' ...... 23
MISDESCRIPTION OF GOODS ......................................................................... 23
FAILURE TO SURRENDER BILL OF LADING ~.., ..... ~ ..... ~.,~..,........~ .... ~,,..~,~.,.,...:.'. .......... 24
PROTECTIVE CLAUSES REQUIRED IN CONTRACT OF
AFFREIGHTMENT ................................................................................... 24
-" LIMITS PER PACKAGE .. . ....................................... ~., ...... 24
ASSURED'S OWN 'CARGO ........................................................... . ................. 25
COTTON .BILLS OF LADING.. · ........... · ' 25
LAND TRANSPORTATION NOT IN.CLUDED ................................................... 25
CUSTOMS, IMMIGRATION OR OTHER FINES OR PENALTIES ..................... 26
MUTINY OR OTHER MISCONDUCT .................................................. 26
PASSENGER vE~-SEL~ A~OCIATION
Insurance Program as of 4t'~t oo'~ (Revised 1010112003)
EXTRAORDINARY EXPENSES IN CASE OF QUARANTINE, ETC .................. 26
DEVIATION FOR PURPOSE OF LANDING INJURED OR ILL .......................... 26
CARGO'S PROPORTION OF GENERAL AVERAGE ........................................ 27
COSTS ^,D C.^, ES ..................................................................................
REPAIR COSTS CLAUSI~' 27
PROMPT NOTICE OF CLAIM .......................... ' ................................................. 27
SETTLEMENT OF CLAIMS ................................................................................. 27
ASSURED TO ASSIST WITH EVIDENCE IN DEFENSE, ETC ......................... 28
LAW COSTS ......................................................................................................
SUBROGATION .............................................................. "' ..... ......,. .........
COVER ELSEWHERE ....... , ..... ,, .... ,.' ......... , ....
ASSIGNMENTS ................. ' ............................ ' ................................ ' ..... ...... :
ACTIONS AGAINST ASSURERS ............................................................... ' .......
................... 29
· TIME LIMITATION ................................................. :31
SECTION Iii .................. 31
PROTECTION & .INDEMNITY ........................................ ' .............................................
Pollution Liability .......................................................................................................... 31
POLLUTION EXCLUSION .................................................................................. 31
POLLUTION COVERAGE.~' '"'"" "':"_'::"_'-':'.'_"Z';~'~:;';;-:;';~: ';'""'"'"' ' ....... . ......... 31
.POLLUTION EXCLUSION &' BUY 'BAOK ENL)(.)I~I:.~r~-'~ " "'" '"
32
· , .... 34
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SECTION ill ....................... ' .............................. 34
PROTECTION & INDEMNITY... .......................... · ..............................................................
Voluntary Wreck Removal .. ......................................................................... 34
..... . ........................ :35
..........................................................................
35
· PROTE:CTION & INDEMNITY .............................................. .......................... . ...... 35
Personal Effects ...................................................................................................
................ :36
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SECTION IV ............................................. '" 36
PROTECTION & INDEMNITY ................................................ ~ ................................ "'
.... . ......... 36
.Medical Payments Insurance ............................................................................
SECTION V ........................................ .,37
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HULL & MACHINERY ................................................... ..~ . ....... 37
Mortgagee's Interest Insurance ..........................................................................
................. :38
SECTION VI ........................................................................ ' .....
................. 38
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PROTECTION & INDEMNITY .................................................... 38
Uniform .Endorsement'Public Law 89-777 ................................ ..--,,,., .........................
40
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'SECTION VII ................................................. . 40
PROTECTION & INDEMNITY .... · .................................................................................
Incidental United States Longshore And Harborworkers Compensation .............. 40
SECTION VIII .......................................................................... ' ............................. ........ 41
.PROTECTION &INDEMNITY ...................................................................................... 4~
Premises Liability .................................................................... . ....... 42
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SECTION iX .................................................................................. '"', ............
42
PROTECTION & INDEMNITY ..................................................................." i' .............. .............. 42
Excess Collision Liability .............................................................................
iii.
Aon Risk Services
In s u ran ce P'r° g ra m a= o, ~4,~,=00~ (Revised 10,0'112003
SECTION i
GENERAL CONDITIONS
General Terms and Conditions
Applicable to All Sections
BROAD FORM NAMED ASSURED
Notwithstanding the Schedules of Assureds, as identified in the Attachments to the
Declaration Page, it is understood and agreed this policy covers the subsidiary, affiliated
or interrelated companies or corporations of the Named Assured as now exist or may
hereafter be constituted, created, or acquired.
NOTICE OF LOSS
In the event of an occurrence which may result in loss, damage, and/or expense for which
these Assurers are or may become liable, .notice' containing particulars sufficient to
identify the Assured, and reasonably obtainable information with respect to the time,
place, and circumstances of the occurrence shall be given to Aon Risk Services, Inc.. as
soon as practicable after' the .Named Assured's insurance manager or other person
designated by the Named Assured for that purpose has actual knowledge of the
occurrence.
TRADING WARRANTY
The Trading Warranty for the vessel(s) insured herein shall be as. identified .in .the
Attachments to the Declaration Page.
LAY-UP
The Lay-Up period for the Vessel(s) insured herein shall be, if any, as identified in the
Attachments to the Declaration Page.
'SIS TERSHIP CLA USE
In the event more than one vessel is insured by this policy, it is understood and agreed
that.even thoug.h one "policy is issued covering such vessel(s), eaCh vessel is deemed
separate interest, separately insured in all respects as if a separate policy for the amOunt
set opposite the name of each vessel' were issued upon her, and the policy is to be road
and applied accordingly.
Aon Risk Services
' PASs~ENGER vESSEL' ASSOCiATioN ......
Insurance Program as of 4i'11200~ (Revised ~010112003)
ADDITIONAL ASSUREDS
Whenever required by contract, it is understood and agreed such contractor shall be
automatically named as an Additional. Assured hereunder ~and.~all rights or subrOgation
against such contractor shall be hereby waived (A) Such additional Assureds or Loss
Payees are included only with respect to such activities insured by this policy as would
exist by the absence of the naming of additional Assures or Loss Payees and coverage
hereunder shall in no way be considered extended by inclusion of additional Assures or
Loss Payees. (B) The inclusion of additional Assures or Loss Payees shall in no way
incroase the limit of liability hereunder. (C) In the event of cancellation or change in policy
coverage unless specifically endorsed-in writing to the contrary herein, no obligation is
'imposed on this Company to send notice of cancellation or change of coverage to an
additional Assured or Loss Payee and notice to the original~ named Assured shall
· discharge all obligations of this Company hereunder. This Company shall not be required
to notify additional named Assurods or Loss Payees of any cancellation received from the
original Assured hereon. Where this policy limits coverage to liability as a vessel owner, it
shall, not serve to preclude coverage for a non-vessel owning interest.
·
POLICYAUTHORS
~...~
Regardless of who may have drafted or.' proparod this policy, or any portions thereof, 'the
provisions contained herein shall be deemed to have been authored by the Assurer(s),
provided they have agreed by signature'with those prOvisions.
CANCELLATION
This policy may be cancelled, at any time' by either the AssUred or the Assurer(s) by giving
sixty (60) days written notice to the other party, if 'cancelled by the Assured, such
cancellation shall be on a short rate basis. If cancelled by the Assurer(s), the earned
promium shall be computed on a pro rata basis, In the event of non-payment of premium,
ten (10) days notice shall be sent .to the Assured.
CAPTAIN~
..
The insured vessel(s) shall be under the control of a qualified master at all times.
COAST GUARD
The insured vessel(s) shall be in compliance with all United StateS Coast Guard
regulations pertaining to the carriage of passengers for hire. Should the insured vessel(s)
be operating without passengers for hire, the above condition shall, not. apply.
.2
Aon Risk Servic~
, , Insurance Program as of 41112001 (Revised 1010112003) I
SEAWORTHINESS
The Assured warrants, that at the inception of this policy the insured vessel(s)is (are) in a
seaworthy condition and that during the currency of the policy the Assured will use due
diligence to maintain such seaworthiness.
A UTOMA TIC ACQUISITiON
Subject to an additional~ premium as agreed, this policy shall automatically cover any
vessel(s) the Assured acquires, through purchase, bareboat charter, or otherwise, during
the currency of this policy. Such acqUisitiOns shall be reported to the Assurers within sixty
(60) days with full. particulars necessary to assess the risk and charge appropriate
premium. Coverage under this clause shall .not exceed the top value of a similar vessel
currently insured hereunder.
BUILDER'S RISK
During the currency of this policy, whenever the insured vessel(s) is (are) undergoing
repairs, alterations, building, rebuilding, outfitting, or overhauling by the Assured or any
recognized builder or ship repairer, this policy shall pay for any physical loss or damage to
the insured vessel(s) not recoverable from a peril insured herein but that would be
recoverable from a peril insured under the terms of the American 'Institute Builders Risk
Clauses-(Feb. 8, 1979) with Addenda .Nos. 1 and 2,~ 'subject, however,' to the amOunt
insured, agreed value, and deductible provisions of this policy.
It is further understood and agreed that this policy is extended to cover, subject to the
'American Institute Builder's Risk Clauses referenced above, such material, parts, and
other items of value destined and intended to become part. of the vessel(s) being serviced
.as above while such items are temporarily stored on the Assured's or repairer's or
.builder's premises awaiting installation.
The Assurers shall not be liable for more than the agreed value of such materials or, in
the-event that no agreed value is set, then the actual cost to the Assured of such
materials,, subject to a maximum limit of $500,000.per item. ..
CHARTERER'S LIMITATION
In the event the Assured has any interest in the insured vessel(s) other than owner, it is
undemtood and agreed the charterer's limitation clauses in the Hull & Machinery and
Protection & Indemnity covemge's contained herein are deleted in their entirety.
Aon Risk Services
PASSENGER vESS'E'~AS~~IO~N .......
Insurance Program as of 4i11200J (Revised ~010JI2003)
:. - .
TITLES OF CLAUSES
Titles and/or captions in this policy are for case of reference only and are not to be
used to interpret the clauses.
DISBURSEMENTS WARRANTY
It is understood and agreed in the event the Assured purchases Loss of Profits
coverage, the'disbursements warranty contained in the Hull & Machinery insuring
conditions shall be deleted in its entirety.
CER TIFICA TES
It is understood and agreed permission is granted for the agent/broker to issue
certificates of insurance on behalf of the underwriters and the agent/broker shall be
held harmless for unintentional errors or. omissions that occur ~while providing this
service.
DEDUCTIBLES
In the event more than one deductible amount is stated as applicable to any one
coverage' section, only the highest deductible amount shall apply in the event of any
claim involving coverage's for which more than one deductible is specified.
PUNITIVE DAMAGES EXCLUSION CLAUSE
Notwithstanding anything to the contrary elsewhere herein the underwriters will not
indemnify the assured in respect of any liability imposed on the assured as punitive or
exemplary damages, however described.
NUCLEAR EXCLUSION CLAUSE
It is hereby understood and agreed that this policy shall not apply to any loss, damage,
liability or expense due to or arising out of, whether directly or indirectly, nuclear reaction,
radiation, or radioactive contamination, regardless of how it was caused. However,
subject to all provisions of this policy, if this policy insures against fire, then direct physiCal
damage to the property insured located within the United States, or any territory of the
United States, or Puerto Rico, by fire directly caused by the above excluded perils, is
insured, provided that the nuclear reaction, radiation, or radioactive contamination was
not caused, whether directly or indirectly, by any of the perils excluded by the F.C.& S.
clause of this policy.
~ ----~ASSENG ER VES-~L' ASSOCI~ATIO N' ~ ' ~-~*~-*~~-~
gram ,= of 41112001 (Revised '1010J/2003) .__ . __~
Nothing in the endorsement shall be construed to cover any loss, damage, liability or
expense caused by nuclear reaction, radiation or radioactive contamination arising
directly or indirectly from peril or fire mentioned above.
'PASSENGER VESSEL ASSOCIATION
Insurance Program as of 41~12001 (Revised 1010112003)
-.- SECTION I!
HULL AND MACHINERY
American Institute Hull Clauses
(June 2, 1977)
The terms and conditions of the folloWing clauses are to be regarded as substituted for
those of the policy to which then, are attached, the latter being hereby waived, except
provisions required by law to be inserted in the Policy. All captions are inserted only for
purposes of roforonce and shall not be used to interpret the clauses to which they apply.
ASSURED
This policy insures the Assured identified on the Declaration Page, and in the
Attachments to .the Declarations'Page, if applicable.
If Claim is made under this Policy by anyone other than the Owner of the Vessel, such
person shall not be entitled to recover to a greater extent than would the Owner, had
claim been made by the Owner as an. Assured named in this Policy.
Underwriters waive any right of subrogation against affiliated, subsidiary or interrelated
companies of the Assured, provided that such waiver shall not apply in the event of a
collision between the Vessel and any vessel owned, demise chartered or. otherwise
controlled by any. of the aforesaid companies, or. with respect to any loss, damage or
expense against which such companies are insured. -
It is understood and agreed with respect to such coverage as is afforded herein, this
policy is amended to define the Assured to include officers, directors, and stockholders of
the Assured as well as owners of vessels listed on the schedule of vessels. The so
naming of officers, directors, stockholders and owners of scheduled vessels shall not
preclude them from making a claim had they not been so included.
It is further understood and agreed this. Company waives all rights-of subrogation against
~any Subsidiary, affiliated or interrelated company or against any vessel owned, chartered
Or operated by any subsidiary, affiliated or interrelated company.
LOSS PAYEE
Loss., if any, payable to the Assured. or order.
A,on Risk Services
Insurance ProRram as of 41~12001 (Revised 1010112003)
Provided, however, Underwriters shall pay claims to others as set forth in the Collision
Liability clause and may make direct payment to persons providing security for the
release of the Vessel in Salvage cases.
VESSEL
The Subject Matter of this insurance is the Vessel(s) identified in the Attachments to the
Declaration Page - Schedule of Vessels or by whatsoever name or names the said
Vessel is or shall be called, which for purposes of this insurance shall consist of and be
limited to her hull, launches, lifeboats, rafts, furniture, bunkers, stores, supplies, tackle,
riflings, equipment, apparatus, machinery, boilers, refrigerating machinery, insulation,
motor generators and other electrical machinery.
,
In the event any equipment or apparatus not owned by the Assured is installed for. use on
board the Vessel and the Assured has assumed responsibility therefor, it shall also be
considered part of the Subject Matter and the aggregate value thereof shall be included in
the Agreed Value.
NotwithStanding the foregoing, cargo containers, barges and lighters shall not be
considered a part of the Subject Matter of this insurance.
DURATION OF RISK
From the inception' date to the expiration date of this policy, as shown on the Declaration
Page.
Should the Vessel at the expiration of this Policy be at sea, or in distress, or at a port of
refuge or of call, she shall, provided previous notice~i be given to the Underwriters, be held
c~verod at a pro rata monthly premium to her port of destination.
In the event of payment by the Underwriters for Total Loss of the Vessel this Policy shall
thereupon automatically-terminate.
AGREED VALUE
The Vessel, for so much as concerns the Assured, by agreement between the Assured
and the Underwriters in this Policy, is and shall be valued at the amount insured and
Agreed Value on the Schedule of Vessels, in the Attachments to the Declaration Page.
AMOUNT INSURED HEREUNDER
Refer to the Attachments to the Declaration Page - SChedule of Vessels.
PASSENGER VESSEL ASSOCIATION
Insurance Program as of 4111200t (Revised 10/0112003)
DEDUCTIBLE
Notwithstanding anything in this Policy to the contrary, there shall be deducted from the
aggregate of all claims (including claims under the Sue and Labor clause and claims
under the Collision Liability clause) arising out of each separate accident, the sum shown
.in the Attachments to the .Declamtion~Page- Schedule of Vessels, unless the accident
results in a Total Loss of the Vessel in the which, case this clause shall not apply. A
recovery from other interests, however,' shall not operate to exclude claims under this
Policy provided the aggregate of such claims arising out of one separate accident if
unreduced by such recovery exceeds that sum. For the purpose of this clause each
accident shall be treated separately, but it is agreed that (a) a sequence of damages
arising from the same accident shall be treated as due to that accident and (b) all heavy
Weather damage, 'or damage caused by contact with floating ice, which occurs during a
single sea passage between two successive ports shall be treated as though due to one
accident.
PREMIUM
The underwriters to be paid in consideration of this insurance premium, as identified in
the Attachments to the Declaration Page - Schedule of Vessels, which shall be due on
attaChment. If the Vessel is insured under this PolicY for a period of less than one year at
pro rata of the annual rate, .full annual premium shall 'be considered earned and
immediately due and payable in the event of Total Loss of the Vessel.
ADVENTURE
'Beginning the adventure upon the Vessel, as above, and so shall continue and endure
during the period aforesaid, as employment may offer, in port or at sea, in docks and
graving docks, and on ways, gridirons and pontoons, at all times, in all places, and on all
occasions, services and trades; with leave to sail or navigate with or without pilots, to go
on trial trips and to assist and tow vessels or craft in distress, but the Vessel may not be
towed, except as is customary or when in need of assistance, nor shall the,Vessel render
assistance or undertake towage or salvage services under contract previously arranged
by the Assured, the Owners, the Managers or. the Charterers of the Vessel, nor shall the
Vessel, in the course of trading operations, engage in loading or discharging cargo at sea,
from or into another vessel other than a barge, lighter or similar craft ~used principally in
"n a
harbors or inland waters. The phrase e g ge in loading or discharging cargo at sea"
shall include while approaching, leaving 'or alongside, or while another vessel is
.approaching, leaving or alongside the Vessel.
The Vessel is held covered in case of.any broach of conditions as to cargo, trade, ~tocality,
towage or salvage activities, or date of sailing or loading or discharging cargo at sea,
provided (a) notice is given to the Underwriters immediately following receipt of
.
.
Aon Risk Services
' .... pASSENGERVESS'EL ASSOCIATION
insUranCe' proveram a';:of4/,it2oo~'~'(R~;ise~loio,,tt2oo3
knowledge thereof by the Assured, and (b) any amended terms of cover and any
additional premium required by the Underwriters are agreed to the Assured.
PERILS
Touching the Adventures and Perils which the Unde~.riters.are contented to. bear and
take upon themselves, they are of the Seas, Men-of-War, Fire, Lightning, Earthquake,
Enemies, Pirates, Rovers, Assailing Thieves, Jettisons, Letters of Mart and Counter-Mart,
Surprisals, Takings at Sea, ArreSts, Restraints and Detainment, s of all 'Kings, Princes and
PeoPles, of what nation, condition or quality soever, Barratry of the Master and Mariners
and of all other like Perils, Losses and Misfortunes that have or shall come to the.. HUrt,
Detriment or Damage of the Vessel, or any part thereof, excepting, however, such of the
foregoing perils as-may be excluded by provisions elsewhere in the Policy or by
endorsement thereon.
ADDITIONAL PERILS (INCHMAREE)
Subject to the conditions of this Policy, this insurance also covers loss of or damage to
the Vessel directly caused by the following'
Accidents in loading, discharging 'or handling cargo, or in bunkering;
:. Accidents in going on or off, or while on dry-docks, graving docks ways, gridirons
or pontoons;
:Explosions on shipboard or elsewhere;
Breakdown of motor generators or other electrical machinery and electrical
connections thereto, bursting of boilers, breakage of shafts, or any latent defect in
the machinery or hull, (excluding ~the cost and expense of replacing or repairing the
defective part);
Breakdown of or accidents to nuclear installations or reactors not on board the
insured Vessel;
Contact with aircraft, .rockets or similar missiles, or with any land conveyance;
Negligence of Charters and/or Repairers, provided such Charters and/or Repairers
are not an Assured hereunder;
.Negligence of Masters, Officers, Crew or Pilots;
provided such loss or damage has not resulted from want of due diligence by the
Assured, the owners or Managers of the Vessel, or .any of them. Masters, Officers, Crew
or Pilots are .not to be considered Owners within the meaning of this clause' should they
hold shares in the Vessel.
DELIBERATE .DAMAGE (POLLUTION-HAZARD)
Subject t° -the conditions of this Policy, this insurance 'also covers loss of or damage to
the Vessel directly caused by governmental authorities acting for the public welfare to
~9
Insurance Program as of 41112001 (Revised 1010112003)
.prevent or mitigate a' polluti°n hazard, ~°r'threat there°f,' reSulting directlY from damage~to
the Vessel for which the UnderWriters are liable under thiS POlicy, provided such act, of
-gOvernmental authorities has not resUlted from want of due diligence by the Assured, the
Owners, or Managers of the VesSel or any of them to prevent or mitigate such hazard of
threat. Masters, Officers, Crew or Pilots are not to be considered Owners within, the
meaning of this clause should they hold shares in the Vessel
CLAIMS (GENERAL PROVISIONS)
In the event of any accident or occurrence which could give rise to a claim under this
Policy, prompt notice thereof shall be given to the Underwriters, and'
(a)
where practicable, the Underwriters shall be advised prior to survey, so that
they may appoint their own Surveyor, if they so desire;
(b)
the Underwriters shall be entitled to decide where the .Vessel ~ shall proceed
for docking and/or repair (allowance to be made to the Assured for the
actUal additional expense of the ~Voyage arising from compliance 'with the
UnderWriters' reqUirement);
(d)
(c) the UnderWriters Shall have the right of 'veto in conneCtion with any repair
firm proposed;
the Underwriters may take tenders,' or may require in~ writing that tenders be
taken for the repair, of the VeSsel, in which event, upon acceptance of a
:
tender with the approval of the Underwdters, an allowance shall be made at
the rate of 30 per cent per annum on the amount insured, for each day 'or
pro rata for part of a day for time lost between the issuance of invitations to
tender and the acceptance of a tender, to the' extent that such time is lost
solely as the result of tenders having been taken and provided the tender is
'~ accepted without delay after receipt of the Underwriter's approval.
Due 'credit shall' be given .against the' allowanCes in (b) and (d) abOve for any
.amount recovered: .
(1) in respect of fuel, stores, and wages and maintenance of the Master,
Officers or Crew allowed in General or Particular Average;
(2) '" fr°m third Parties. in resPect of damages for 'detention,and/or lOss .of
Profit and ,or running expenses; .~-~ .
·
for the period covered .by the alloWances or any part thereof.
I I Ii1111 I II IIl!illllll [1!11 I1' II I II I I IIIII I IIIII I II I
ASh Risk Services
~ PASSENGE---~R VE----~SEL A---'--SSOCIATION
Insurance Program as of 41112001 (Revi. sed t010tl2003)
No claim shall be allowed in Particular Average for wages and maintenance of the
Master, Officers or Crew, except when incurred solely for the necessary romoval of the
Vessel from one port to another for average repairs or for trial trips to test average
repairs, in which cases wages and maintenance will be allowed only while the Vessel is
under way. This exclusion Shall not apply to overtime or similar extraOrdinary payments
to the Master, Officers or Crew incurred in, shifting the Vessel for tank cleaning or repairs
or while specifically engaged in these activities, either in port or at sea.
General and Particular Average shall be payable without deduction, new for old.
The 'expense of sighting the bottom after stranding shall be paid if reasonably incurred
especially for that purpose, even if no damage be found.
No claim shall in any case be allowed in respect of scraping or painting the Vessel's
bottom.
In the event of loss or damage to equipment or aPParatus not owned by the Assured but
installed for use on board the Vessel and for which the Assured has assumed
responsibility, claim shall not exceed ~(1) the amount the Underwriters would pay if the
Assured were owner of such equipment or apparatus, or (2) the contractual responsibility
assumed by the Assured to the owners or lessors thereof, whichever shall be less.
N° claim for unrepairod damages shall be allowed, except to the extent that the
aggregate damaged caused by perils insured against during the period of the Policy and
left unrepaired at the expiration of. the Policy shall be demonstrated by the Assured to
have diminished the actual market value of the Vessel on that date if undamaged by such
perils.
GENERAL A VERA GE AND SAL VA GE
General AVerage and-Salvage shall be payable as provided, in the contract of
affreightment, or failing suCh provision or there be n° contract of affreightment, payable at
the ^ssumd's election either in accordance with York-Antwerp Rules 1950 or 1974 or with
the Laws and Usage's of the Port of New YOrk. Provided alWays.that when an adjustment
according to the laws and usage's of the port of destination is properly demanded by the
owners of the cargo, General Average shall be paid accordingly.
in the event Of salvage, towage or other assistance being rendered to' the Vessel by any
vessel belonging in part or in whole to the same Owners or Charterers., the value of such
services (without regard to the common OWnership' or Control of the vessels) shall be
ascertained by arbitration in the manner, provided for under the Collision Liability clause in
this Policy, and. the amount so. awarded so far as applicable to the interest hereby insured
shall constitute a.charge Under this Policy.
Aon Risk Services
[--"--- pAss-------~NGER VESSEL ASSOCIATION
When the Contributory value of the Vessel is greater than the Agreed Value herein, the
liability of the Underwriters for General Average contribution (except in respect to
amounts made good to the Vessel), or Salvage, shall not exceed that proportion of the
total contribution due from the Vessel which the amount insured hereunder bears to the
contributory value, and if, because of damage for which the Underwriters are liable as
Particular Average, the value of the Vessel has been reduced for the purpose of
contribution, the amount of such Particular Average damage recoverable under this Policy
shall first be deducted from the amount insured hereunder, and the Underwriters shall
then be liable only for the proportion which such net amount bears to the contributory
value.
TOTAL LOSS
In ascertaining whether the Vessel is a constrictive Total Loss the Agreed Value shall be
taken as the repaired value and nothing in respect of the damaged or break-up value of
the Vessel or wreck shall be taken into account.
There .shall be no recovery for a constrictive Total Loss hereunder unless the expense of
recOvering and repairing the Vessel would exceed the Agreed Value. In making this
determination, only expenses incurred or to be' incurred by reason of a single accident or
-a seqUence of damages arising from the same accident shall be taken into account, but
expenses incurred prior to tender of abandonment shall not be considered if such are to
be claimed separately under the Sue and Labor clause
In the'~' event of Total Loss (actual or-constructive), no claim to be made by the
Underwriters for freight, whether notice of abandonment has been given or not.
In no case shall the Underwriters be liable for unrepaired damage in addition to a
subsequent Total Loss sustained during the period covered by this Policy.
SUE AND LABOR
·
And in case Of any Loss or Misfortune, it shall be lawful *and necessary for the Assured,
their Factors, ServantS and Assigns, to sue, labor and travel for, in, and about the
defense, safeguard and recovery of the Vessel, or anY part thereof, Without prejudice to
this insurance, to the charges whereof the Underwriters will contribute their proportion as
provided below. And it is expressly declared and agreed that no acts of the Underwriters
or Assured in recovering, saving or preserving the Vessel shall be considered as a .waiver
or acceptance of abandonment.
·
In the event of expenditure under the Sue and Labor clause, the Underwriters shall pay
the.-proportion of such expenses that the amount insured hereunder bears to the Agreed
Value, or that the~amount insUred hereunder (less 'loss and/or damage payable under this
· Policy) bears to -the actual value of the salved property, whichever .proportion shall be
12
Aon Risk Services
- P m as of 4111200~ (Revised 1010~12003)
less; provided always that their liability for such expenses shall not exceed their
proportionate part of the Agreed Value.
If claim for Total Loss is admitted under this Policy and sue and labor expenses have
been reasonably incurred in excess of any proceeds realized or Value recovered~ the
amount payable under this Policy will be the proportion of such excess that the amount
insured hereunder (without deduction for loss. or damage) bears to the Agreed Value or to
the sound value of the 'Vessel at the time of the accident, whichever value was greater;
provided always that Underwriters' liability for such expenses .shall not exceed their
proportionate part of the Agreed Value. The foregoing shall also apply to expenses
reasonably incurred in salving or attempting t salve the Vessel and other property to the
extent that such expenses shall be regarded as having been incurred in respect of the
Vessel.
PILOTAGE AND TOWAGE ,
prejudiced by mason of any contract limiting in whole or in
ThiSpart theinSuranceliability shallof pilots,n°t tugs,be towboats or their owners when the Assurod or the agent of -
the Assured accepts such contract in .accordance .with established local practice.
Where in accordance .with such practice, pilotage or towage-services are provided under
contracts requiring the Assured or the agent, of the Assured:
(a) to assume liability for damage resulting from collision of the Vessel insured with
any other ship or vessel, including;the'towing vessel, or .
(b) to indemnity those providing the pilotage or towage services against loss. or
liability for any such damages,
· I
it is agreed that amounts paid by the .Assured or Surety pursuant to such assumed
obligations shall be deemed payments "by way of damages-to any' other person or
persons" and to have been paid "in consequence of the Vessel being at fault" within the
meaning of the Collision Liability clause in this Policy to the extent that such payments
· would have been covered.if the Vessel had been legally responsible in the absenc~ of
any agreement. Provided always that in no event shall the aggregate amount of liability
of the Underwritom under the Collision ~Liabiliht clause, including this clause, be greater
than the amount of any statutory limitation of liability to which owners are entitled or would
be entitled if liability under any contractual obligation referred to in this clause were
included among the .liabilities subject to SUch statutory limitations.
CHANGE OF OWNERSHIP
·
In the event of any change, voluntary or otherwise, in the ownership or flag .of the Vessel
or if the Vessel be placed under new management, or be chartered on a bareboat basis
or requisitioned on that basis, or if the Classification Society Of the Vessel or her class
13
Aon Risk Services
pAssENGER VESSEl"' AssOCIATION ....
Insurance Program as of 41112001 (Revised 1010112003)
therein be changed, cancelled, or withdrawn, then,-unless the Underwriters agreed thereto
in writing, this Policy shall automatically terminate at the time of such change of
ownership, flag, management, charter, requisition or classification; provided, however.
that:
(a)
(b)
if the Vessel has cargo on board and has already sailed from her loading port, or is
at sea in ballast, such automatic termination shall, if required, be deferred until
arrival at final port of discharge if with cargo, or at port of destination if in ballast;
in the event of an involuntary temporary transfer by requisition or otherwise,
without the prior execution of a written agreement by the Assured, such automatic
termination shall occur fifteen days after such transfer.
This insurance shall not inure, to the benefit of any transferee or charterer of the Vessel,
and, if a loss payable hereunder should occur between the time of change or transfer and
any deferred automatic termination, the Underwriters shall be subrogated to all of the
rights of the Assured against the transferee or charterer in respect of all or part of such
loss as is recoverable from the transferee or charterer, and in the proportion which the
amount insured hereunder beam to the Agreed Value.
The term "new management" as used above refers only .to the transfer of the
management of the Vessel from one firm or.: corporation to another, and it shall not apply
to any internal changes~within.the, offices of the. Assured.
ADDITIONAL INsuRANCES
It is a condition of this.Policy that no additional insurance .against the risk of Total Loss of
the Vessel shall be effected to operate during the currency of this Policy by or for account
of the Assured, Owners, Managers, Operators or Mortgagees except on the interest and
up to the amounts enumerated in the following Sections (a) to (g), inclusive, and no such
insurance shall be subject to P.P.I., F.I.A. or other like term on any interests whatever
· excepting those enumerated in Section (a); provided always and notwithstanding the
limitation on recovery-in the Assured clause .a breach of this condition shall, not afford the
Underwriters any defense to a claim by a Mortgagee who has accepted this Policy without
knowledge of such breach:
(a)
DISBURSEMENTS, MANAGERS' COMMISSIONS, PROFITS OR EXCESS OR
INCREASED VALUE-OF HULL AND MACHINERY, AND/OR SIMILAR
INTERESTS HOWEVER DESCRIBED, AND FREIGHT (INCLUDING
CHARTERED FREIGHT OR ANTICIPATED FREIGHT) INSURED FOR TIME. An
amount not exceeding in the aggregate 25 % of the Agreed Value
(b)
.FREIGHT .OR HIRE, UNDER CONTRACTS FOR VOYAGE. An amount not
exceeding the gross freight or hire for the current cargo passage and next
succeeding cargo passage (such insurance to include, if required, a preliminary
I
Aon Risk*Services
~-'-'-'~'~ ' PASSENGER vES-~EL' ASSOCIATION
Insurance Program as of 41JI2001 (Revised 1010~12003)
(C)
(d)
(e)
(g)
and an intermediate ballast passage) plus the charges of insurance. In the case of
a voyage charter where payment is made on a time basis, the amount shall be
calculated on the estimated duration of the voyage, subject to the limitation of two
cargo passages as laid down herein. Any amount permitted under this Section
shall be reduced, as the freight or hire is earned, by the gross amount so earned.
Any froight or hiro to be earned under the form of Charters described in (d). below
shall not be permitted under this Section (b) if any part hereof is insured as
permitted under said Section (d).
ANTICIPATED FREIGHT IF THE VESSEL SAILS IN BALLAST AND NOT
UNDER CHARTER. An amount not exceeding the anticipated 'gross freight on
next cargo passage, such amount to be reasonably estimated on the basis of the
currant rate of freight at time of insurance, plus the charges of insurance.
Provided, however, that no insurance shall be permitted by this Section if any
insurance is effected as permitted under Section (b).
TIME ~CHARTER HIRE OR CHARTER HIRE FOR SERIES. OF VOYAGES. An
~amount not exceeding 50% of the gross hire which is to be earned under the
charter in a period not exceeding 18 months. Any amount permitted under this
Section shall be reduced as the' hire is earned under the charter by 50% of the
gross amount so earned but,-where~ the charter is for a period exceeding 18
months, the amount insured need .not~'be reduced while it does not exceed' 50% of
the gross hire still to be earned under the charter. Insurance permitted by this
Section may begin on the signing of the charter.
PREMIUMS. An amount not exceeding the actual premiums of all interest insured
for a period not exceeding 12 months (excluding premiums'-insured as permitted
under the foregoing Sections but including, if required, the premium or estimated
calls On any Protection and Indemnity, or War Risks and Strikes insurance)
reducing pro rata monthly.
RETURNS OF PREMIUM. An amount not exceeding the actual returns which are
recoverable subject to -and arrival" or equivalent provision under any policy of
insurance.
INSURANCE IRRESPECTIVE OF AMOUNT AGAINST. Risks excluded by War,
.Strikes and Related Exclusions clause; risks enumerated 'in the American Institute
War .Risks and Strikes ClaUses; and General Average 'and Salvage
Disbursements.
WAR STRIKES AND RELATED EXCLUSIONS
The following conditions shall be paramount and shall supersede and nullify any contrary
provisions of the Policy.
'15
Aon Risk Services
PASSENG~ESSELASSOCIATION
Insurance PrOgram as of 41112001 (Revised 101 112003)
This Policy does not cover any loss, damage or expense caused by, resulting from, or
incurred as a consequence of:
(a)
(b)
(C)
(d)
Capture, seizure, arrest, restraint or detainment, or any attempt thereat; or
Any taking of the Vessel, by requisition or othe~ise, whether in time of
peace or war and whether lawful or otherwise; or
Any mine, bomb or torpedo not carried as cargo on board the Vessel; or
Any weapon of war employing atomic or nuclear fission and/or fusion or
other like reaction or radioactive force of matter; or
(e)
Civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or
piracy; or
Strikes, lockouts, political or labor disturbances, civil commotion's, riots,
martial law, military or usurped power; or
'(g)
(h)
Malicious acts or vandalism, unless committed .by the Master or Mariners
and not excluded elsewhere Under this War Strikes and Related Exclusions-
clause; or
Hostilities ~or warlike operations (Whether there be a declaration of war or
not) but his subparagraph (h) no~ to exclude collision or contact with aircraft,
rockets or similar'missiles, or with any fixed or floating object, or stranding,
heavy weather, fire or explosion unless caused directly by a hostile act by or
against a belligerent power which act is independent of the nature of the
voyage or service which the Vessel concerned or, in the case of a collision,
any other vessel involved therein, is performing. As used herein, "power"
includes any authority maintaining, naval, military or air forces in
association with a power.
.
I'f war risks or other risks excluded by this clause are .hereafter insured by endorsement
on this Policy, such endorsement shall supersede the .above cOnditions only to the
extent that the terms of such endorsement are inconsistent therewith and only while
Such endorsement remains in force.
16
Aon Risk Services
-'-'~PASS"~-NGER VESSEL ASSOCIATION
Insurance Program as. of 41~1200~ (Rev.ised 1010112003).
SECTION II
HULL & MACHINERY
American Institute
S.R. & C.C. Endorsement (Hulls)
September 8, 1959
In consideration of an additional premium, as provided below, this insurance is extended
to cover additional risks, from and after the inception date of this policy in accordance with
the following clause'
"This insurance also covers damage to or destruction of the property
insured directly caused 'by strikers, locked out workmen, or per§ons taking
part in labor disturbances or riots or civil commissions or caused by
vandalism, sabotage, or malicious mischief, but excluding civil-war,
irevolution, rebellion or insurrection, or civil strife' arising therefrom, and
warranted free from any claim for~ delay, detention or loss of use,. and free
from all loss, damage or expense caused, by any weapon of war employing
atomic or nuclear fission and/or fusion or other reaction or radioaCtive force
or matter.
=Notwithstanding the exclusions in the F.C. & S. Clause in the within policy
,, - , licioUs mischief,' as used herein shall-be
'vandalism, sabotage,-and 'ma ' - '
construed to include willful or malicious physical injury to or destruction of
the described property caused by acts committed by an agent of any
Government, party of faction engaged in war, hostilities, or other warlike
operations, Provided such agent is acting secretly and not in connection
with any operations of military or naval armed forces in the country where
the described property is situated."
Until further notice ASsured shall pay, for the additional protection afforded'by the above
clause, .an additional premium of zero percent (0%). The Underwriters have the right
nevertheless to change this rate at any time on 15 days written notice to the AsSured; but
he Assured shall have the option to 'cancel this endorsement as of the time when such
change of rate would take effect, provided previous notice of such cancellation be given
to the Underwriters. The rate may be changed as abOve notwithstanding strikes, labor
troubles or civil commissions, on board the vessel or elsewhere, may be threatened or
actually exist .either at the time when such notice is given or when it takes effect.
17.
Aon Risk Services
' PASSENGER VESSEL AS-~CIATIO~ ~
insurance Program a? of 4111200_~ (Revised 1010tl2003)
SECTION II
HULL & MACHINERY'
Shore Coverage
It is understood and agreed that should any equipment of a vessel insured hereunder be
stored on shore during the currency of this policy l this policy shall cover such equipment
subject to the following'
"Against all risks of physical loss or damage from any external cause except
those risks specifically excluded by the F.C. & S (Free of Capture and
Seizure) Warranty contained herein unless specifically covered by
endorsement."
It is still further understood and agreed that the amount insured shall be 30% of the
.agreed.' value and/or amount insured for the. specific vessel, however subject to a
maximum of $500,000 any one accident or occurrence per vessel.
It is"fUrther understood and agreed that the value or amount of. insurance of 'involved
vessels shall be reduced by the value of-such'; equipment while it is on shore or off the
vessel(s).
[-------- --PASSENGER.. VESSEL ASSOCIATe.
ram as'of 41112001 (Revised 1010112003)
SECTION III
PROTECTION & INDEMNITY
SP 23 (Revised)
This policy insures the Assured named on the Declaration Page: Loss, if any, payable to
Assured or order, in the sum of the P&I Limit identified in the Attachments to the
Declaration Page - Schedule of Vessels, at and from the inception date to the expiration
date of this policy against the liabilities of the Assured as hereinafter described, and
subject to the terms and conditions hereinafter set forth, in respect of the vessel or
vessels scheduled herein or by whatsoever other names the said vessel is or shall be
named or called.
in consideration of the stipulations herein named and of premium identified on the
Schedule .of Vessels, the Assurer hereby undertakes.to make good to the Assured or the
Assured's executors, administrators and/or successors, all such loss and/or damage
and/or.expense as the Assured shall as owners' of the vessel named herein ~have become
liable to pay and shall pay on account of the liabilities, risks, events and/or happenings
herein set forth'
LOSS OF LIFE, INJURY AND ILLNESS
(1) Liability for loss of life personal injury to, or illness of, any person, excludin.cl,
' , liability under any
Compensation Act to any employee of the Assured, (other than a seaman) or in
case of death to his beneficiaries or others.
Protection hereunder for loss of life or personal injury arising in connection with the
handling of cargo of the vessel named herein shall commence from the time of
receipt by the Assured of the cargo on dock or wharf or on craft alongside' the said
vessel for loading thereon and shall continue until delivery thereof .from dock or
Wharf or discharge or until discharge from the said vessel on to another vessel or
craft.
HOSPITAL, MEDICAL, OR OTHER EXPENSES
(2) Liability for hospital, medical, or other expenses necessarily and reasonably
incurred in respect of loss of life of, personal injury to, or illness of any member of
the crew of the vessel named herein or any other person. Liability hereunder shall
also include burial expenses not exceeding Two Hundred ($200) Dollars, when
necessarily and reasonably incurred by the Assured for the burial of any seaman
of said vessel.
Aon Risk Services
19
.............. PASS E N G ER. vES $ E L. As S 0Ci ATio N ......
Insurance Program as of 41~12001 (Revised 1010112003)
-'-REPA TRIA TION EXPENSES
(3)
Liability for repatriation expenses of any member of the crew of the vessel named
herein, necessarily and reasonably incurred, under statutory obligation, excepting
such expenses as arise out .of or ensue from the termination of any agreement in
accordance with the terms thereof, or by mutual consent, or by sale of the said
vessel, or by other act of the Assured. Wages shall be. included in such expenses
when payable under statutory obligation, during unemployment due, to the wreck
or loss of the said vessel.
COLLISION LIABILITY
(4)
And it is further agreed that:
(a)
If the Vessel shall come .into collision with any other ship or vessel, and the
Assured or the Surety in consequence .of the Vessel being at fault shall become
liable to pay and shall pay by way of damages to any other-person or persons any
...-sum or sums in respect of such collision, the Underwriters will pay the Assured or
the Surety, whichever shall have paid, such proportion of such sum or sums so
...... paid as their, respective subscriptions, hereto bear to the Agreed Value,. provided
always that their liability in .respect to .any-. one such collision shall not exceed their
proportionate part of the Agreed Value;
(b)
"'...~.-.In cases where, with the consent in ~writing of a majority (in amount) of Hull
Underwriters, the liability, the liability of the Vessel has been contested, or
proceedings have been taken to limit liability, the Underwriters will also pay a like
proportion of the costs which the Assured shall thereby incur or be compelled to
pay.
When both vessels are to blame, then, unless the liability of the owners or charterers of
one or both such vessels becomes limited by law, claims under the Collision Liability
clause shall be 'settled on the principle of Cross-Liabilities as if the owners or charterers of
each vessel had been compelled to pay to the owners or charterers of the other of such
vessels such ~one-haif or other proportion of the latter's damages as may have been
properly allowed in ascertaining the balance or sum payable by or to the Assured in
consequence of such collision.
The principles inVolved in this clause shall apply to the case where both vessels are the
property, in part or in whole, of the ~same owners or .charterers, alt question of
responsibility and amount of liability as between the two vessels being left to the decision
of a .single Arbitrator, if the parties can agree upon a single Arbitrator, or failing such
agreement, to the decision of Arbitrators, one to be appointed by the Assured and one to
be appointed by the majority (in amount) of Hull Underwriters interested: the two
Aon Risk Services
Insurance Program a, of 41JI2001 {Revised '101.0112003)..
Arbitrators chosen to choose a third Arbitrator before entering upon the reference, and
the decision of such single Arbitrator, or of any two of such three Arbitratorsl aPpointed as
above, to be final and binding.
ProVided always that this clause shall in no case extend to any sum which the.^ssured or
the Surety may become liable to pay or shall pay in consequence of, or with respect to'
(a) removal or disposal of obstructions, wrecks or their cargoes under statutory
powers or otherwise pursuant to law;
(b) injury to real or personal property of every description;
(c) the discharge, spillage, emission or leakage of oil, petroleum products, chemicals
or other substances of any kind of description whatsoever;
(d) cargo or other property on or the engagements of the Vessel;
(e) loss of life, personal injury or illness.
Provided further that. exclusions (b) and (c) above shall not apply to injury to other vessels
or property thereon except to the extent that such injury arises out of any action taken to
avoid, minimize or remove any discharge, spillage, emissiOn or leakage described in (c)
above.
DAMAGE TO OTHER VESSEL OR PROPERTY ON BOARD CAUSED BY'
COLLISION
(5) Liability for loss of, or damage to, any other vessel or other vessel craft, or to the
~freight thereof, or property on such other vessel or craft, caused by Collision with.
the vessel named herein, insofar as such liability would not be covered by full
insurance under the American Institute Hull Clauses (June 2, 1977) (including the
four-fourths running-down Clause) '
PRINCIPLE OF CROSS.LIABILITIES TO PREVAIL ~
(a) Claims under this clause shall be settled on the principle of cross-liabilities
to the *same extent only as provided in the running-down clause above.
mentioned.
(b)
(c)
Claims under this clause shall be divided am°ng the several classes of
claims enumerated in this policy and each clasS shall be subiect to the
deduction and special conditions applicable in mspoct of such class.
NotwithStanding the foregoing, if any one or more of the various liabilities
.'arising from such collision has been compromised, settled or adjusted
without the Written consent of the Assurer, the Assurer. shall be relieved.-of.'
liability for any and all claims under this Clause. -
21
PASSENGER VEssEL' ASS OCIATI O N
Insurance Program as of 4/JI200~ (Revised 1010112003)
DAMAGE TO OTHER VESSEL OR PROPERTY ON BOARD NOT CAUSED BY
COLLISION
(6)
Liability for loss of or damage to any other vessel or craft, or to property on such
other vessel or craft, not caused by collision, provided such liability does not arise
by reason of a contract made by the assured.
Where them would be a valid claim hereunder but_~for the fact that the damaged
property belongs to the Assured, the Assurer shall be liable as if such damaged
property belonged to another, but only for the excess over any amount recoverable
under any other insurance applicable on the property.
DAMAGE TO DOCKS, PIERS, ETC.
(7)
Liability for damage to any dock, pier, harbor, bridge, jetty, buoy, lighthouse,
breakwater, structure, beacon, cable, or to any fixed or movable object or property
whatsOever, 'except another vessel or craft, or property on another vessel or craft.
Where them would be a valid claim hereunder but for the fact that the damaged
property belongs to the Assured, the .Assurer shall be liable as if such damaged
property belonged to another, but only for.the excess over any amount recoverable
under any other insurance applicable on the property.
REMOVAL OF WRECK
·
(8)
Liability for cost or expenses of, or incidental to, the removal of the wreck of the
vessel named herein when such removal is compulsory :by law, provided, however,
that:
(a)
.(b)
CARGO
There shall be deducted from such claim for cost or expenses, the value of
any salvage from-or which might have been recoverod from the wreck,
inuring, or which might have inured, to the benefit of the.Assured.
The Assurer shall not be Ii.able for such costs or expenses which would be
covered by full insurance under the .American. Institute Hull Clauses (June
16, 2000) or claims arising out of hostilities or War-like operations, whether
*before or after declaration of war.. : .
(9)
Liability for loss of, or damage to, or in connection with cargo or other property,
-excluding mail and parcel post, including baggage and personal effects of
passengers, to be carried, carried, or which has been Carried on board the vessel
named herein:
PASSENGER VEssEi- ASSOCl
SPECIE, BULLION, PRECIOUS STONES, ETC.
(a) Loss, damage or expense arising 'out of or in connection with the custody,
care,-~arriage or delivery of specie, bullion, precious stones, precious
metals, jewelry, silks, furs, bank notes, bonds or other negotiable
documents or similar valuable property, unless specially agreed to and
accepted for transportation under a form of contract approved, in writing, by
the Assurer.
REFRIGERATION
(b) Loss of damage to, or in connection with cargo requiring refrigeration unless
-the space, apparatus and means used for the care, custody, and carriage
thereof have been surveyed by. a classification su~o¥or Or other competent
disinterested surveyor under working conditions before the commencement
of each voyage and found in all respects fit, and unless accepted for
transportation under a form of contract approved, in writing, by the Assurer.
STOWAGE IN IMPROPER PLACES
(¢) Loss, damage, or expense arising from stowage or under deck cargo on
deck or stowage of cargo, in spaces' not suitable~ for its. carriage,, unless the
Assured shall Show that every reasonable precaution has been taken by
- him to prevent such improper stowage.
DEVIATION
(d)
Loss, damage, or expense arising from any deviation, or proposed'
deviation, not authorized by the contract of affreightment, known to the
Assured in time to insure specifically the liability therefor, unless notice
thereof is given to the Assurer and the Assurer agrees, in Writing, that such
insurance is unnecessary.
FREIGHT ON CARGO SHORT DELIVERED
(e) Freight on cargo short delivered, whether or not prepaid or whether or not
included in the claim and paid by the Assured.
MISDESCRIPTION OF GOO-DS
23
Aon Risk Services
'PAssENGER VESSEL AssoCiATION ' ......... _1
Insurance Program as of
4/JI200~ (Revised 010112003)
Loss, damage, or expense arising out of or as result of the issuance of Bills
of Lading which, to the. knowledge of the Assured, improperly describe the
goods or their containers as to condition or quantity.
FAILURE TO SURRENDER.BILL OF LADING
(g)
Loss, .damage or expense arising out of delivery of cargo without surrender
of Bill of Lading.
-.
And provided, further that; ·
PROTECTIVE CLAUSES REQUIRED IN CONTRACT OF AFFREIGHTMENT
(aa)
Liability hereunder, shall in no .event exceed that which would be imposed by
law in the absence of contract.
(bb)
Liability hereunder shall be limited to such as would exist if the Charter
Party; Bill of Lading or Contract of Affreightment contained the following
clause (in substitution for the clause commonly known as the Jason
Clause)'
"in the event of accident, danger~ .damage or disaster before or after.
commencoment of the voyage, resulting from any cause whatsoever,
.whether due to negligence or not, for .which, or for the consequences of
'which, the shipowner is not rosponsible, by statute or-contract or. otherwise,
the shippers, consignees or owners-of the cargo shall contribute with the
shipowner in general average to the payment of any sacrifices,' losses or
expenses of a general average nature that may be made or incurred, and
shall pay' salvage and special charges incurred in respect of the cargo."
.When cargo is carried by the vessel named herein under bill of lading or
similar document of title subject or made subject to the Carriage of Goods
by Sea Act, April 16, 1936, liability hereunder shall be limited to such as is
imposed by said Act, and if the Assured or the vessel named herein
assumes any greater liability or obligation than the minimum liabilities and
,obligations. imposed by said Act, such greater liability or obligation shall not
be covered hereunder.
LIMITS PER PA CKA GE
When cargo is carried by the vessel named herein under a charter party, bill
of lading or contract of affreightment ~not subject or made subiect to the
· :Carriage of Goods by Sea Act, April 16, 1936, liability hereunder shall be
limited to such as would .exist if.said charter party, bill of lading, or contract
~24
~ASSENGER VESSEL'AS~TION--~-- ~
Insurance Program as of 41112001 (Revised t0101120~
of affreightment contained the following clauses: a ..clause limiting the
Assumd's liability 'for total loss or damage to goods shipped to Two
Hundred and Fifty ($250) Dollars per package, or in case of goods not
shipped in packages, per customary freight unit, and providing for pro rata
adjustment on such basis for partial loss or damage; a clause exempting
the Assured and the vessel named herein from liability for losses arising
from unseaworthiness, even though .existing at the beginning of the voyage,
provided that due diligence shall have been exercised to make the vessel
seaworthy and properly manned, equipped, and supplied; a clause
providing that the carrier shall not be liable for claims in respect of car~o
unless notice of claim is given within the limited time in such Bill of Lading
and suit is brought thereon within the limited time proscribed therein; and
such other protective clauses as are commonly in use in the particular
trade; provided the incorporation of such clauses is not contrary to law.
The foregoing provision as to the contents of the Bill of Lading and the
limitation of the Assumr's liability may, however, be waived or altered by the
Assurers on terms agreed, in writing.
ASSURED'$ OWN CARGO
(cc) Where cargo .on-board. the'vessel named herein is the property of the
Assured, such cargo shall be deemed to be carried under a contract
~containing the protective clauses described in the preceding paragraph, and
such cargo shall be .deemed ..to: be-~fully insurod-under-the usual form of
cargo policy, and .in-case of loss thereof or damage thereto the-Assured
shall be insured herounder in respect of ~such loss or damage only to the
· extent that they would have been covered if said cargo had belonged to
another, but only in the event and to the extent that the loss or damage
would not be recoverable under a cargo policy as hereinbefore specified.
COTTON BILLS OF LADING
(dd) The Assured's liability for claims under CUstody Cotton Bills of Lading
issued under the conditions laid down by .the Liverpool Bill of Lading
Conference Committee, is covered subject to previous notice of contract
and payment of an extra premium of two (2ets) cents per ton gross register
.per voyage, but'. such additional premium shall be waived provided every
bale is remarked at port of shipment on another portion of the bale.
LAND TRANSPORTATION NOT INCLUDED
p~SSENGER VESSEL ASSOCIATION
Insurance Programas of 41tl2001 (Revised 1010tl2003)
.......... . ............... .: ....................... ~: ...~ ,~.. '-, ~'=.. ,~ .~ ,, .~ ,
PASSENGER VESSEL ASSOCIATION
Insurance Program as of 41112001 (Revised 1010112003)
(ee)
No. Liability shall exist hereunder for any loss, damage or expense in
respect of cargo or other property being transPorted on land or on another
vessel.
No liability shall exist hereunder for any loss, damage or expense in respect
of cargo before loading on or after discharge from the vessel, named herein
caused by flOod, .tide, windstorm, earthquake, fire, explosion, heat, cold,
deterioration, collapse of wharf, leaky shed, theft or pilferage unless such
loss, damage or expense is caused directly by the vessel named herein, her
master, officers or crew.
CUSTOMS, IMMIGRATION OR OTHER FINES OR PENALTIES
(9)
Liability for fines and penalties, including expenses necessarily and reasonably
incurred in avoiding or mitigating same, for the violation of any of the laws of the
United States, or of any State thereof, or of any foreign country; provided,
however, that the Assurer shall not be 'liable to indemnity the Assurod against any
such fines or penalties resulting directly or indirectly from' the failure, neglect, or
default of the Assurod or his managing .officers or managing agents to exercise the
highest degree of diligence to prevent a violation of. any such laws.
MUTINY OR OTHER MISCONDUCT
.(10)
"'~ ExpenseS Incurred in resisting any unfounded claim by the master or crew or other
.: .persons employed on the vessel named heroin, or in prosecuting such persons in~
caso of mutiny or other misconduct.
EXTRAORDINARY EXPENSES IN CASE OF QUARANTINE, ETC.
(11)
Liability for extraordinary expenses resulting from outbreak of plague or other
contagious disease, including such expenses-.incurred for disinfection of the vessel
named herein or persons on board, or for quarantine, but excluding the ordinary
expenses. of loading and/or discharging, and the wages and provisions of crew and
passengers; each claim under this provision is subject to a deduction of Two
Hundred ($200) Dollars. It is provided further, however, that if the ..'vessel named
herein be order to proceed to a port when it is or should be known that calling
~there will subject the vessel to the extraordinary expenses above mentioned, or to
· quarantine or disinfection them or elseWhere, the Assurer shall be Under no
obligation to indemnity the Assured for any such expenses.
DEVIATiON FOR PURPOSE OF LANDING INJURED OR ILL
III
L J lllll II I LI I I II I ' '
......................... Aon: Rl. Sk S
-~ PASSENGER VESSEL A$$0CIATION
Insurance Pr°'_clram
as*of 41tl2001 {'ReViSed
(12)
Net loss due to deviation incurred solely for the purpose of landing an injured or
sick seaman in rospect of port charges incurred, insurance, bunkers, stores, and-
provisions consumed as a rosult of the deviation.
CARGO'S PROPORTION OF GENERAL AVERAGE
(13)
Liability for, or loss of, cargo's proportion of general average, including special
charges, in so far as the ^ssumd cannot recover same from any other source;
subject however, to the exclusions of Section (8) and prOvided, that if the Charter
Party, Bill of Lading or Contract of ^ffmightment does not. contain the quoted
clause under Section 8(bb) the Assurer's liability hereunder shall be limited to such
as would exist if such clause were contained therein.
COSTS AND CHARGES
(14)
Costs, charges., and expenses, reasonably incurred and paid by the Assured in
defonse against any liabilities insured against hereunder in rospect .of-the vessel
named herein, subject to the agreed deductibles applicable, and subject further to
the conditions and limitations heroinaftor provided.
REPAIR COSTS CLAUSE
(15)
The cost of overtime, temporary repairs, and. the enhanced cost of deferred repairs
reasonably .incurred with respect to average damage are deemed to be part of the
reasonable cost of repairs.
PROMP~T NOTICE OF CLAIM
Warranted that in the event of any occurrence which may result in loss, damage and/or
expense for which this Assurer, is or may become liable, the Assured will use due
diligence to give prompt notice thereof and .forward to the Assurer as soon as'practicable
after roceipt thereof, all communications, processes, pleadings and other legal papers or
documents relating .to such occurrences.
SETTLEMENT OF CLAIMS
The ASsured shall not make any admission of liability, either before or after any
occurrence,-which may result in a claim for which the Assurer may be liable. The
Assured shall not interfere in any negotiations of the Assurer, for settlement of any legal
proceedings in respect of any occurrences for which the Assurer is liable under this
policy; provided, hOwever, that in respect of any occurrence likely to give rise to a~ claim
under this policy, .the Assured am obligated to and shall take ~steps to protect their (and/or~
the Assurer's) interests as would reasonably be taken in 'the absence of this similar
insurance. If the Assured shall fail or refuse to settle any claims as authorized by
.................... ' .................. ' ........ ~'Jmm-~ ~ ....... ' -AonRisk 'senqces
27
Insurance Program a, of 41112001 (Revised ~010'112003) ,
AsSUrer, the' liability of theASsUrer t°~the ASSured-shall. be limited to the amount for whiCh
settlement could have been made.
ASSURED TO ASSIST WITH EVIDENCE IN DEFENSE, ETC.
Whenever required by the-Assurer the Assured shall aid in securing information and
evidence and in obtaining witnesses and shall cooperate with the Assurer in the defense
of any claim or suit or in the appeal from any judgment, in respect of any occurrence as
hereinbefore provided.
LA W COS TS
The Assurer shall not be liable for the cost or expense of prosecuting or defending any
claim or suit unless the same shall~ have.been~ incurred, with the~written consent.0f the
Assurer, or the Assurer shall be satisfied., that, such approval could not have been
obtained under the circumstances without, unreasonable ~delay, or that such costs and
charges were reasonably and properly incurred, such cost or expense being subject to
the deductible. The cost and expense of prosecuting any claim in which the Assurer shall
have an .interest by subrogation or otherwise, shall-be divided between the Assured and
the Assurer, proportionately to the amounts which they would be entitled to receive
respectfully, if the suit should be successful.
The Assurer shall be liable for the excess where.the .amount~deductibleunder.this. policy
is exceeded by (A) the cost of investigating and/or successfully defending any claim or
Suit against the Assured based on a. liability or.an alleged liability of the Assured-covered
by this insurance, or (B) the amount paid by the Assured either under a judgment or an
agreed settlement based on the liability covered herein including all costs, expenses of
defense and taxable disbursements.
SUBROGATiON
The Assurer shall be subrogated to all the rights which the Assured may have against any
other person or entity, in rospect of any payment made under this policy, to the extent of .
such payment, and the Assured shall, upon the requost of the Assurer, execute all
'documents necessary to Secure the Assurer such rights.
The Assurer shall be entitled to take Credit for any profit accruing to the ASsUred by
reason of' any negligence or wrongful act of the Assumd's servants or agents, up to the
measure of their loss, or to recover for their own account from third parties any damage
that may be. provable by reason of suCh negligence or wrongful act.
COVER ELSEWHERE
28
Aon Risk Services
PASSENGER VESSEL ASSOCIATION ~'~'~
Insurance Program a, o~ 41112001 (Revised 1010112003).
Provided that where the Assured is, irrespective of this insurance, covered or protected
against any loss or claim which would otherwise have been paid by the Assurer, under
this policy, them shall be no contribution by the Assurer on the basis of double insurance
or otherwise.
ASSIGNMENTS
No claim or demand against the Assurer under this policy shall be assigned or
trahsferred, and no person, excepting a legally appointed receiver of the property of the
Assured, shall acquire any right against the Assurer by virtue of this insurance without the
expressed consent of the Assurer.
ACTIONS AGAINST ASSURERS
No action shall lie against the Assurer for the recovery of any loss sustained by the
· Assured unless such action is brought against the Assurer within one year after the final
judgment or decree is entered in the litigation against the Assured, or in case the claim
against the Assurer accrues without the entry of such final judgment or decree, unless
· such action is brought within one year from the date of the payment of such claim.
TIME LIMITATION
The Assurer shall not be liable for any claim not presented to the Assurer with proper
~proofs of loss within six (6) months after payment thereof by the Assured.
t~he. Assurer:
For any loss, damage, or expense which would be payable under the terms of the
American Institute Hull Clauses (June 2, 1977) form of policy on hull and. machinery, etc.,
'if the vessel were fully covered by such insurance sufficient in amount to pay such loSs,
damage, or expense.
For any loss, damage or .expense sustained by mason of capture, seizure, arrest,
restraint or detainment, or the consequence thereof or of any attempt thereat: or
sustained in consequence of military, naval or air action by force of arms, including mines
and torpedoes or other missiles or engines of war, whether of enemy or friendly origin; or
suStained in consequence of placing the vesSel in jeopardy as an act or measure of war
taken in the actual process of a military engagement, including embarking or
disembarking troops Or material of war in the immediate zone of such engagement; and
any such 'loss, damage and expense shall be exCluded from this policy without regard to
whether The Assured's liability thereof is based on negligence or otherwise, and whether
'before or after a declaration of war. -
29
pASSENGER VESSEL ASSOCIATION
Insurance Program a~ o,,,t~t200~ {Re¥i~ed ~0/0~/200:t}
For any loss, damage, or expense arising from the cancellation or breach of any charter,
bad debts, fraud of agents, insolvency, loss of freight hire or demurrage, or as a result of
the breach of any undertaking to Icad any cargo, or in respect of the vessel named herein
engaging in any unlawful trade or performing any unlawful act, with the knowledge of the
Assured.
For any loss, damage, expense, or claim arising out of or having relation to the towage of
any other vessel or craft, whether under agreement or not, unless such towage was to
assist such other vessel or craft in distress to a port or place of safety, provided, however,
that this clause shall not apply to claims under this policy for loss-of life or personal injury
to passengers and/Or members of the crew of the vessel named herein arising as a result
of towing.
For any claim for loss of life or personal injury in relation to the handling of cargo here
such claim arises under a contract of indemnity between the Assured and his sub-
contractor.
It is expressly understood and agreed if and when the Assured under this policy has any
interest'other than as a shipowner in the vessel or vessels named heroin, in no event
shall the Assurer be liable hereunder to any greater extent than if Such Assured were the
owner and were entitled to all the rights of limitation to which a shipowner is entitled.
Unless.':~::otherwise agreed by endorsement to this policy, liability hereunder shall in no
event exceed that which would be imposed on the Assured by law in the absence of
contract.
..
.Liability. hereunder in respect of any one accident or occurrence is limited to the amount
.hereby insured.
30
Aon Risk Services
..... Insurance Program as of 41~12001 (Revised 1010112003) !
SECTION II!
PROTECTION & INDEMNITY
Pollution Liability
POLLUTION EXCLUSION
This policy does not insure against any loss, damage, cost, liability, expense, fine, or
penalty of any kind or nature whatsoever, whether statutory or otherwise, imposed on the
Assured, arising directly or indirectly in consequence of, or with respect to, the actual or
potential discharge, spillage or leakage of oil, fuel, petroleum products, chemicals or other
substances of any kind or nature whatsoever. All terms, conditions and warranties
expressly contained in this policy, or implied at law, shall be deemed amended to the
extent necessary to .give frill force and effect to this clause.
Applicable only to vessels of less than' One Hundred (100) Gross Registered Tons.
POLLUTION COVERAGE
In consideration of the premium charged and. subject to all the terms, warranties and
conditions contained herein, it is understood and agreed this section of the policy is
extended to cover any loss, damage, cost, liability., or expense that'the Assured, as owner
or operator of the vessel(s) insured herein, .shall. have become liable to. pay or shall ~pay in
consequence of the accidental actual or potential discharge, spillage or leakage of oil,
fuel, petroleum products, chemicals, or other substances of any kind or description;
provided, however, that this coverage shall not provide any liability resUlting directly or
indirectly from or arising out of or having relation to:
.
any loss, damage, cost,-liability, or expense paid or incurred in consequence of
any such actual or potential discharge, spillage, or leakage unless proximately
caused by fault on the part of the Assured;
2~
any fine or penalty arising out of the actual or potential discharge, spillage, or
leakage .of oil, fuel, petroleum products, chemicals, or other substances of any kind
or description.
The insurance afforded hereunder shall not increase the limit of the Assureds' liability
under the policy With respect to any one accident or occurrence, which shall be the sum
insured hereunder. A series of claims arising from the same accident or occurrence shall
'be treated as due to one accident or occurrenCe.
31
Aon Risk Services
I ---P ASS E NG E~-V E SS E L '~ ASSOCIATION'
Program as of 41112001 (Revised 1010~12003)
.... -::.~ ...... ?....-.~_.~- SECTION III
PROTECTION & INDEMNITY
Pollution Exclusion ~ Ru¥ Back Endorsement A
This policy will not indemnity the Assured against any sum(s) paid, nor
insure against any liability, with respect to any loss, damage, cost, liability,
expense, fine or penalty of any kind. or nature whatsoever, whether statutory
or otherwise, incurred by or imposed on the Assured, directly or indirectly, in
consequence of, or with respect to, the actual or potential discharge,
emission, spillage or leakage upon or into the seas, waters, land or air, of oil,
petroleum products, checmicals or other substances of any kind or nature
whatsoever.
IN CONSIDERATION OF AN ADDITIONAL PREMIUM OF
.INCLUDED, THE ABOVE POLLUTION ExcLuSiON CLAUSE SHALL
N'0T APPLY TO SUMS PAID, OR LIABILITY OF THE ASSURED:. '~
1) For loss, of life of, or bodily injury to, or illness of, any
person; .or,
..... '.~ ~2) For loss, damage or expense to any cargo or property
.,
· carried on board the insured vessel(s); or,
3) For loss, damage or expense to any cargo or property on
board any other vessel or contained or stored ashore
unless such sums are paid, or liability is imposed, as a
.result of contact of such cargo or property with oil,
petroleum products, checicals or other substances of any
kind Or nature whatsoever arising in consequence of their
sudden and accidenta! discharge, emission, spillage or
leakage upon or into the seas, waters, land or air; or,
4) For contamination of any Cargo or property resulting from
the pumping of oil, petroleum products, chemicals or any
other substances of any kind or nature whatsoever directly
. .into any .other vessel, or between tanks of the insured
Vessel(s), or into storage tanks or receptables ashore or.
elsewhere.
32
AOn Risk Services
PASSENGER~-~ESSEL ASSOCIATION
Insurance Program as of41tl2001 (Revised 1010112003)
Pollution Exclusion & Bu_.~ Back Endorseme, nt~
Provided that such sums, or such liability, are insured
elsewhere under the terms and.conditions of this polic~.
All other terms and conditions, inCluding any deductible
provisions of this policy shall remain unchanged.
33
PASSENGER VESSEL ASSOCIATION
Insurance Program as of 4~200~ (Revised 1010~!2003)
SECTION III
PROTECTION & INDEMNITY
Voluntary Wreck Removal
Subject to a limit of liability of $25,000 and insofar as coverage is not provided by the
printed Protection & Indemnity form in this policy, coverage is extended.to cover the cost
or expense of or incidental to the removal, destruction or abatement of, or any attempt to
remove, destroy or abate any obstruction or any wreck and/or their cargo or any hazard
resulting therefrom from any place owned, leased, or occupied by the Assured or any of
them; provided, however, that them shall be deducted the value of any salvage or
proceeds recovered therefrom.
34
Aon Risk Services
PASS. ER'VESSEL. ~-sSOClATIO~
Insurance Prog.ram asof 41~12001 (Revise 1010~12003) ~
SECTION III
PROTECTION & INDEMNITY
Personal Effects
.In consideration of the premium .charged, it is understood and agreed that this policy is
extended to cover, without liability, "Personal Effects." "Personal .Effects,' means clothing
and other personal property belonging to the Assured, passengers., or crew. Personal
Effects do not include money, traveler's check, securities, valuable papers or other
documents.
Personal Effects are insured while they are on board or being carried on to or off the
vessel(s) insured. Coverage is provided only while the vessel is afloat and is subject to a
limit of $1,000 any one accident, regardless of the number of persons involved or claims
made, and a deductible of $100.
35
Aon Risk Services
[,,,, PASSENGERVESSEL~'~'~ ~|ON ...... ' ~"" .... "" ':'
Insurance Program aso~4/11200! (Revised 1010112003) '. ~1
SECTION IV
PROTECTION & INDEMNITY
Medical Payments Insurance
In consideration of the premium charged and subject to a limit of $2,500 per person, per
occurrence, it is understood and _agmed this policy is extended to cover, without liability
and without deductible, medical payments made by the Assured on account of loss of life,
injury, or illness to any person except as hereinafter excluded. This coverage shall be
applicable only while the persons insured are in or upon, boarding or leaving the vessel(s)
insured and such promises as may be included under this policy.
This coverage shall not apply to'
any person, who in being in or upon or in boarding or leaving the vessel, is a
trespasser;
2~
.
any person to or for whom benefits are payable under any Workers' Compensation
Act or law, the United States Longshore and Harbor Workers' Compensation Act,
or the Jones Act;
any employee of the Assured;
,,
any Assured or registered owner of the insured vessel(s).
However in no event' shall this Company be liable for more than the Protection &
Indemnity limit specified on the schedule of veSsels regardless of the coverage's involved
under Sections Ill and IV of this Policy.
· 36 Aon Risk Services
~NGER VE~'~EL ASS
~urance Program
as ~of 41112001 {Revised 10101!2003) .
SECTION V
HULL & MACHINERY
Mortgagee's Interest Insurance
The seaworthiness of the vessel(s) insured by this coverage, as between the Assureds
and (as per schedule) hereinafter called the Mortgagee, is hereby admitted, and the
interest of the Mortgagee shall not be impaired or invalidated by any act or neglect of the
mortgagOr, oWner, master, agent, or crow of the vessel(s)insured by this coverage, or by
any failure to comply with any warranty or conditions over which the Mortgagee has no
control or over the which the Mortgagee has control but has not exercised sUch control, or
by any change in title, ownership or management of such vessel; the interest of the
Mortgagee, being that interest m°re particularly set forth in the mortgage on such vessel
in favor of the Mortgagee and the note attached thereto or referred to therein, said
mortgage and note being assignable to the Assureds upon demand provided full payment
of the interest, as herein set forth, of the Mortgagee haS first .been paid.
This coverage includes, but is not limited to, "lnchmaree Clause" (or its replacement)
protection. .-
Should insurance on the Hull & Machinery of the vessel(s) named herein be cancelled for-
nonpayment of premium, the coverage provided hem.under shall be void effective the
-date-of said cancellation.
This policy has to pay if an occurrence which takes place during the period of this policy
causes (a) total or constructive total loss; (b) other loss or damage to the vessel, and the
Underwriters of the Hull Policy have denied the claim for any liability, loss, damage, or
expense which is. subject to a claim hereunder, and the Assured has instituted suit
against such Underwriters to collect such claim, and the cause of the nonpayment is not
the bankruptcy or ceasing of payment of the hull underwriters.
it is hereby noted and agreed Underwriters agreed to waive rights of subrogation against
owners and/or innocent mortgagees and/or guarantor.
Schedule of Mortgagees' See Attachments to the Declaration Page.
37
Aon Risk services
..................... pAssENG.ER.VESS~ELASSOciA~I0~N ........ ....... .~. .~ I
..!.nsurance Program a= o~41112001 (Revised 1010112003) ~.
PROTECTION & INDEMNITY
Uniform Endorsement
Public Law 89-777
-(Applicable only to vessels which embark passengers at a United States port or territory
and have fifty (50) or more passenger berths.)
Notwithstanding anything to the contrary herein contained, it is herein understood and
agreed.
,
The Association (or other Assurer) agrees that the risks covered by this policy
include the Assured's losses arising from its legal liability in respect of claims for
damages for death or personal, injury to. passengers or other persons on voyages
(of the vessels designated in the annexed schedule) to and from United States
-ports subject to the provisions of Section 2 of Public Law 89-777 (80 Stat. 1356,
13.57) as to which the Federal Maritime Commission shall have issued a Certificate
'(Casualty).
,
,..
.:~':~,The Association's (or other Assurer's) liability as to losses relating to claims
defined above in .Paragraph I of.this Endorsement shall in no event exceed the
-amount of 'the Assured's legal liability~ under any final judgment-(after appeal, if
any,) against the Assured from a United States federal or. state court.~of c0mpetent
jurisdiction or under a compromise settlement agreement made with the approval
of the Association (or other Assurer), provided; however, that the Association's (or
other Assurer's) total liability in respect of any one accident or occurrence as to
each vessel shall be limited to the amount of the policy as specified-herein.
...
Notice of termination or cancellation as provided for by the terms-of the policy
(Certificate) shall apply as to any and all losses, except those relating to claims for
death or personal-injury defined above in Paragraph I of this endorsement. - As to
losses relating to said claims only, termination or cancellation whether for
nonpayment of premiums, calls, assessments, or for other cause, shall, not be
effected (i) until notice in writing (including cable, teletype or telegram) has been
.given to the Assured and to the Secretary of the Federal Maritime Commission at
its office, 1100 "L" Street, N.W., Washington, D.C., 20573, by certified mail, and (ii)
until' after thirty (30) days expire from the date notice is actually received by the
Commission or until after the Commission revokes the Certificate (Casualty),
Whichever occurs first. Such notice of termination or cancellation to the'Assured
.shall 'be 'simultaneous to such notice given to the Commission. The Association
(or other Assurer) shall remain liable for claims covered by this policy arising by
38
I II IIIII III II I. II III IIJLIIIII. -. I II I I '1 III
A°n RiSk Services
PASSENGER VESSEL AssoCiATION' ......... ": ..... ~-~ ~ ...........
Insurance Program a= of 41~1200~ (Revised t010JI2003)
, ~,, ,,-. ....... ~, . ~.-~ ........... ,,,. ...... , ~-, ,.~..-.,,,.. .... , ............... ,-., ..
4~
5~
Sm
e
virtue of an event which had occurred prior to the effective date of said termination
or cancellation. No such termination or cancellation shall become effective while a-
voyage is in progress.
Notwithstanding anything contained herein to the contrary, the insolvency or
bankruptcy of the ^ssur~d shall not constitute a defense to the Association (or
other Assurer) as to claims for death or personal injury defined above in paragraph
I of this endorsement. As to said claims only, in the event of insolvency or
bankruptcy of the Assured, the Association (or other Assurer) agrees to pay any
unsatisfied final judgments obtained against the Assured on such claims.
Provided, however, that such payments shall discharge to the extent thereof, the
Assuror's obligation under this policy to the Assured or its trustoe in bankruptcy,
liquidator, receiver, conservator or statutory successor.
Fault, knowledge, or privity of the Assured shall not constitute a defense to the
Association (or other Assurer) nor restrict the Assured's right of recovery under this
policy or otherwise lessen the Association's (or other Assurer's) obligation respect
of claims for death or personal injury as defined above in Paragraph 1 of this
endorsement.
If, during the currency of this policy, the Assured requests that a vessel owned or
operated by the Assured, and not .designated in the annexed schedule, should
become subject to this policy (Certificate): and if the Association (or other Assurer)
accedes to such request and so notifies the Federal Maritime Commission in
writing (including-cable, teletype-, or .telegram), then, provided that within thirty (30)
days of-receipt of such-notice the Federal Maritime Commission grants a
.Certificate (Casualty) covering such vessel, the vessel shall thereupon be deemed
to be one of the vessels included in said schedule and subject to this policy.
The Association (or other Assurer) hereby designates the undersigned Assurer as
the Associations' (or other Assurer's) legal agent for service of process for
purposes-of the Rules of the Federal Maritime Commission, Subpart B of Part 540
of Title 46, Code of Federal. Regulations issued under Section 2 of Public Law 89-
777 (80 Stat. 1356, t357) entitled Security for the Protection of the Public.
All other terms and conditions,
unchanged.
not in conflict with this endorsement,
remaining
.39
.
IIIII III II II1' I 'llllillllllllll I I iii I . _
Aon Risk Services
pAssENGE'R VESSEL ASSOCIATION ....
Insurance Program as of 41~1200~ (Revised 1010112003)
PROTECTION & INDEMNITY
Incidental United States Longshore and
Harborworkers Compensation
CoverS Liability of the Assured as an employer within the meaning of the Longshoreman's
and Harbor Workers' Compensation Act, being Public Act No.' 80 of the 69th Congress.
Aon Risk serVices
PASSENGER VESSEL ASSOCIATION
Insurance Program =s of 41~12001 (Revised ~010tl2003)
SECTION VIII
PROTECTION & INDEMNITY
Premises Liability
It is hereby understood and agreed that such insurance as is afforded under the
Protection & Indemnity clauses (SP-23 revised) shall also apply to cover such sums as
the Assured shall become legally liable to pay and shall have paid on account of loss of
life, injury, or illness to any person and/or for property damage occurring on wharves and
waterfront premises owned, leased, rented, or occupied by the Assured while specifically
used in connection with the operation of the insured vessel(s). This extension shall be
excess of any other valid and collectible insurance available to the Assured.
It is understood and agreed that this clause shall in no way increase the limit of liability for
Protection & Indemnity as shown on the.schedule of vessels.
Aon Risk Services
/
Insurance Program a~ o, 4tq/2ooq (Revised 1010tl2003)
SECTION IX
PROTECTION & INDEMNITY
Excess Collision Liability
In consideration of the premium charged, it is understood and agreed as respects, the
vessel(s) insured hereunder' this section of the policy, is extended to cover Excess
Collision Liability, Excess General Average and Salvage Charges, and Excess Sue and
Labor. The limit of liability any one accident or occurrence ~Shall be the ~diffemnce
between the Hull & Machinery agreed value and insured amount and $1,000,000. This
coverage shall not apply to vessels valued in excess of $1,000,000. Vessels not insured
under the Hull & Machinery section of this policy shall be afforded collision liability
coverage by this endorsement, subiect to a limit of liability of $1,000,000 any one accident
or occurrence, with a deductible of $5,000.'~
42 A°n Risk'services
Claims Reporting Procedures
(Hull Claims & P&I Claims)
primary Contact
All Claims (Report to)
Aon Risk Services Inc. of Ohio
199 Water Street
New York, New York 1003 8
Attention: Christopher Beck
Phone # 212.479.4102
Fax 4/212.479.4245
* Please complete attached incident report form for
any claims
Claims Contact:
Hull/P&I
Mail or Fax to:
Christopher Beck
685 Third Avenue
New York, New York 10017
Phone: 212.792.9508
Fax: 212.792.3900
PVA ACCIDENT/INJURY REPORT
Case #
Company Name'
Date of Incident'
Policy Number:
Producer:
Phone #:
Date Reported'
Effective Dates:
Address:
Person to Contact:
CLAIM TYPE:
(check one)
Hull
· Assured:
Address:
Phone:
Contact:
Employee
Patron
Vessel:
Other
Facsimile'
Description of accident:
Was vessel:
moored, docked or fixed
anchored
underway
Description of injury/damages'
Page 1
CLAIMANT INFORMATION:
Name:
Address'
Job Title:
Attorney .Involved?
Address:
No
Phone:
Was medical attention refused?
Date of first medical treatment:
Return to work date:
DOB'
State: _ _
SS#:
Phone #
Zip Code:
Yes - If so, name:
State' Zip Code'
Facsimilie'
Accepted?
Where?
if not, when?
EMPLOYEE INFORMATION:
Date Hired:
Work Schedule:
Marital Stares:
To whom claim was reported'
Address:
Home Phone:
Immediate Supervisor:
Wages:
# of Dependents'
Title'
State: __ Zip Code:
Work Phone:
WITNESS INFORMATION:
manic:
Address:
Name:
Address:
Name:
Address:
Phone Number:
State: Zip Code:
Phone Number:
State:__ Zip Code:
Phone Number:
State: Zip Code:
Signature of Person Completing Report:
Page 2