Die Kaskoversicherung im Spannungsfeld zur P&I Versicherung

advice on market conditions. A proper value will be a figure which is reasonably close to the
equivalent of the free uncommitted market value of the Ship at the time of the collision.
(C) Both to Blame
unless otherwise agreed between the Member and the Managers as a term of the Ship’s entry in the
Association if both Ships are to blame then, when the liability of either or both of the ships in collision
becomes limited by law, claims under this Rule 19(10) shall be settled on the principle of single
liability. Otherwise claims under this Rule 19(10) shall be settled on the principle of cross-liabilities, as
if the owners of each ship had been compelled to pay the owner of the other ship such proportion of
the latter’s damages as may have been properly allowed in ascertaining the balance or sum payable
by or to the Member in consequence of the collision;
(D) Member’s Own Ship
if a collision occurs involving two or more ships belonging to the same Member or where a claim
arises in respect of cargo belonging to a Member, the Member shall be entitled to recover from the
Association and the Association shall have the same rights as if the ships had belonged to different
owners or as if the cargo had belonged to a third party.
19(11) Non-Contact Damage to Ships
Liabilities, costs and expenses incurred as a result of damage caused to any other ship otherwise than
by collision between that other ship and the Entered Ship:
(a) relating to such other ship or to cargo or other property therein;
(b) relating to:
(i) the raising, removal, destruction or marking of obstructions, wrecks, cargoes, or any other
thing in accordance with the provisions of Rule 19(14);
(ii) real or personal property or any other thing except other ships or property on other ships;
(iii) pollution or contamination of any real or personal property in accordance with the
provisions of Rule 19(13);
(iv) the cargo or other property on the Entered Ship, or general average contributions, special
charges or salvage paid by the owners of that cargo or in property in accordance with the
provisions of Rules 19(17) and 19(18);
(v) loss of life, personal injury or illness in accordance with the provisions of Rules
19(1),19(2),19(3) and 19(4).
Provided always that in Rule 19(11) if the loss or damage relates to any ship, or cargo or other
property therein, belonging to the Member such Member shall be entitled to recover from the
Association, and the Association shall have the same rights, as if such ship or cargo or other property
belonged to a third party.
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