Key changes made to Skuld OWNERS' FIXED P&I and OWNERS' FIXED P&I DEFENCE Terms and Conditions for 2016/17 policy year.
The following changes to the Terms and Conditions were approved by the Board of Directors of Assuranceforeningen Skuld at its Meeting in November 2015.
Red text indicates texts added, strikethrough text indicates removed text.
For updated Terms and Conditions documents for 2016/17, please see attached link.
OWNERS' FIXED P&I
4. CARGO
4.2. Exceptions
However, the insurance shall not cover liabilities, losses, expenses or costs arising out of
4.2.15. delivery of cargo carried under
a) a negotiable bill of lading or similar document of title (including an electronic bill of lading) without production (or equivalent in the case of an electronic bill of lading) of that bill of lading or document by the person to whom delivery is made, except where cargo has been carried either on the Vessel under the terms of a non-negotiable bill of lading, waybill or other non-negotiable document and has been properly delivered as required by that document, and liability arises under a negotiable bill of lading or other similar document of title issued by or on behalf of a party other than the Assured providing for carriage partly by a means of transport other than the Vessel, or under the terms of an approved electronic trading system and has been properly delivered to the person so entitled in accordance therewith, or
b) a non-negotiable bill of lading, waybill or similar document, without production of the original document by the person to whom delivery is to be made where such production is required by the express terms of that document or the law to which that document, or the contract of carriage contained in or evidenced by it, is subject, there is a legal obligation to produce such document, except where the Assured is required by any other law to deliver there is also a requirement under any other applicable law obliging the carrier under the contract of carriage contained in or evidenced by that document to deliver or relinquish custody or control of the cargo without production of such document.
Commentary: These amendments clarify the position in relation to delivery without production of a bill of lading in cases where an electronic bill of lading has been used under an approved electronic trading system.
OWNERS' FIXED P&I DEFENCE
4. LIMITATION
4.1 Cover for Fixed Owners Entries under these Defence Terms and Conditions is limited to USD 2 million per dispute.
4.2 For disputes arising under 1.16 of these Defence Terms and Conditions (alteration, conversion, building, purchase, mortgage or sale of the vessel), the limit shall be USD 300,000 per dispute unless a different limit is agreed.
4.3 Any policy limits shall apply to the total amount of any claim, inclusive of deductibles.
Commentary: The purpose of this amendment is to clarify that the policy limit includes the deductible amount.