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Bermuda P&I Class Rules 2001/2002 - The Standard Club

Bermuda P&I Class Rules 2001/2002 - The Standard Club

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26<br />

15.5.1 If at any time prior to the expiry of a period of thirty-six months from<br />

the commencement of a Policy Year (the “relevant Policy Year”), any of<br />

the parties to the Pooling Agreement sends a notice (an “Overspill<br />

Notice”) in accordance with the Pooling Agreement that an incident or<br />

occurrence has occurred in the relevant Policy Year which has given or at<br />

any time may give rise to an Overspill Claim, the Board shall as soon as<br />

practicable declare that the relevant Policy Year shall remain open for the<br />

purpose of levying an Overspill Call or Calls in respect of that claim and<br />

the relevant Policy Year shall not be closed for the purpose of making an<br />

Overspill Call or Calls in respect of that claim until such date as the<br />

Board shall determine.<br />

15.5.2 If at the expiry of the period of thirty-six months provided for in Rule<br />

15.5.1, no Overspill Notice as therein provided for has been sent, the<br />

relevant Policy Year shall be closed automatically for the purpose of<br />

levying Overspill Calls only, whether or not closed for any other<br />

purposes, such closure to have effect from the date falling thirty-six<br />

months after the commencement of the relevant Policy Year.<br />

15.5.3 If at any time after a Policy Year has been closed in accordance with the<br />

provisions of <strong>Rules</strong> 15.5.1 and 15.5.2, it appears to the Board that an<br />

incident or occurrence which occurred during such closed Policy Year<br />

may then or at any time in the future give rise to an Overspill Claim, the<br />

Board shall as soon as practicable declare that the earliest subsequent<br />

open Policy Year (not being a Policy Year in respect of which the Board<br />

has already made a declaration in accordance with Rule 15.5.1 or 15.5.3)<br />

shall remain open for the purpose of levying an Overspill Call or Calls in<br />

respect of that claim and such open Policy Year shall not be closed for<br />

the purpose of making an Overspill Call or Calls in respect of that claim<br />

until such date as the Board shall determine.<br />

15.5.4 A Policy Year shall not be closed for the purpose of levying Overspill<br />

Calls save in accordance with this Rule 15.5.<br />

15.6.1 If<br />

(i) the Board makes a declaration in accordance with Rule 15.5.1 or 15.5.3<br />

that a Policy Year shall remain open for the purpose of levying an<br />

Overspill Call or Calls, and<br />

(ii) a Member who is liable to pay any such Overspill Call or Calls as may<br />

be levied by the Board in accordance with Rule 15.4 ceases or has<br />

ceased to be insured by the <strong>Club</strong> for any reason, or the Board determines<br />

that the insurance of any such Member may cease

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