The Knock-for-Knock Principle under Danish Law - Sandroos ...

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Knock-for-Knock ComponentsCoverage anddeductibles (Contractor)CoverageCoverageCompany’s All RiskinsuranceContractor’s propertyand personal injuryinsurancesInsuranceContractor’s third-partyliability insuranceLiabilityNegotiation and draftingType of contract and the protected interests:The Work – personnel – property – third parties - other01/12/2010 SANDROOS 8
Types of Knock-for-Knock Regimes• Principle developed in fabrication, EPC/EPIC contracts• Transportation• Carriage of goods by sea• Maritime contracts/charter parties – ”agreed documents”• Drilling contracts• Main rule: knock-for-knock• Exclusions – damage to• downhole equipment, subsea equipment• the borehole/well (excl. gross negligence. ”Liability”: time risk - re-drill at lowerdayrate)• the reservoir, geological formation• Exclusions – liability for• pollution emanating from reservoir, cuttings, muds, radioactive sources• blow-out, uncontrolled well condition, incl. costs to control well, removal• Limitations under the Maritime Act01/12/2010 SANDROOS 9
Page 1 and 2: The Knock-for-KnockPrinciple under
Page 3 and 4: Physical Loss, Damage or Injury•
Page 5 and 6: The Contractual Solution• Regulat
Page 10 and 11: Principal Reservations• No incent
Page 12 and 13: What kind of liabilities can you Li
Page 14 and 15: Summing Up - Knock-for-KnockDraftin
Page 16 and 17: US• Federal law - state law• On
Page 18 and 19: Norway• Generally accepts indemni
Page 20 and 21: Regulatory Starting Point• Contra
Page 22 and 23: Case LawUfR 1999.1161 H• Transpor
Page 24 and 25: Other Case LawSmit vs. Mobius (2001
Page 26: The Knock-for-KnockPrinciple under

The Knock-for-Knock Principle under Danish Law - Sandroos ...

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