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

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General Exceptions
Risks covered by hull policies, etc.
17.1 Unless and to the extent that the Managers shall have otherwise agreed
in writing as a term of entry there shall be no recovery from the Club in
respect of any liability, loss, cost or expense against which the member
would have been insured if at the time of the incident giving rise to that
liability, loss, cost or expense the entered ship had been fully insured for
its proper value under hull policies on terms equivalent to those of the
Lloyds Marine Policy MAR Form 1.1.82 with the Institute Time
Clauses (Hulls) 1.10.83 (including the three quarter collision liability
clause) attached.
Exclusion of war risks
17.2 Unless otherwise agreed in writing with the Managers and specified in
the Certificate of Entry, there shall be no recovery from the Club in
respect of any liabilities, costs or expenses (irrespective of whether a
contributory cause of the same being incurred was any neglect on the
part of the Members or on the part of the Members’ servants or agents)
when the loss or damage, injury, illness or death or other accident in
respect of which such liability arises or cost or expense is incurred, was
caused by:
(i) war, civil war, revolution, rebellion, insurrection or civil strife arising
therefrom, or any hostile act by or against a belligerent power;
(ii) capture, seizure, arrest, restraint or detainment (barratry and piracy
excepted) and the consequences thereof or any attempt thereat;
(iii) mines, torpedoes, bombs, rockets, shells, explosives or other similar
weapons of war, PROVIDED ALWAYS THAT this exclusion shall not
apply to liabilities, costs and expenses which arise solely by reason of:
(iii.a) the transport of any such weapons whether on board the entered
ship or not; or
(iii.b) the use of any such weapons, either as a result of Government
order or through compliance with a written direction given by the
Managers or the Board, where the reason for such use was the avoidance
or mitigation of liabilities, costs or expenses which would otherwise fall
within the cover given by the Club.