Commentary

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Section 2-2: Total loss

  • Clause 18-8. Total loss

    This Clause was new in the 2013 Plan and is verbatim the same as Cl. 11-1. Reference is made to the Commentary to Cl. 11-1. 

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    Clause 18-8. Total loss

    The assured may claim compensation for a total loss if the MOU is lost without there being any prospect of it being recovered, or if the MOU is so badly damaged that it cannot be repaired. No deductions shall be made in the claims adjustment for unrepaired damage sustained by the MOU in connectio...

  • Clause 18-9. Salvage attempts

    This Clause was new in the 2013 Plan and is verbatim the same as Cl. 11-2. Reference is made to the Commentary to Cl. 11-2. 

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    Clause 18-9. Salvage attempts

    The insurer is entitled to attempt to salvage the MOU at his own expense and risk. The assured shall in that event do his utmost to enable the insurer to carry out the salvage operation. If the salvage operation has not been completed within six months from the date the insurer was notified of th...

  • Clause 18-10. Condemnation

    This Clause was new in the 2013 Plan and is verbatim the same as Cl. 11-3. Reference is made to the Commentary to Cl. 11-3.

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    Clause 18-10. Condemnation

    The assured may claim compensation for a total loss if the conditions for condemnation of the MOU are met. The conditions for condemnation are met when casualty damage is so extensive that the cost of repairing the MOU will amount to at least 80 % of the insurable value or of the value of the MOU...

  • Clause 18-11. Condemnation in the event of a combination of perils

    This Clause was new in the 2013 Plan and is verbatim the same as Cl. 11-4. Reference is made to the Commentary to Cl. 11-4. 

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    Clause 18-11. Condemnation in the event of a combination of perils

    If the casualty which gives rise to the condemnation is also caused by perils not covered by the insurance, the compensation shall be reduced correspondingly, cf. Cl. 2-13, Cl. 2-14 and Cl. 2-16. If the casualty is caused by such combination of marine and war perils as referred to in Cl. 2-14,...

  • Clause 18-12. Request for condemnation

    This Clause was new in the 2013 Plan and is verbatim the same as Cl. 11-5. Reference is made to the Commentary to Cl. 11-5. 

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    Clause 18-12. Request for condemnation

    If the assured wishes the MOU to be condemned, he must submit a request to the insurer without undue delay after the MOU has been salvaged and he has had an opportunity to survey the damage. This request may be withdrawn as long as it has not been accepted by the insurer. Whether the assured or t...

  • Clause 18-13. Removal of the MOU

    This Clause was new in the 2013 Plan and is verbatim the same as Cl. 11-6. Reference is made to the Commentary to Cl. 11-6. 

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    Clause 18-13. Removal of the MOU

    If the assured has requested a condemnation of the MOU, the insurer may demand its removal to a place where the damage may be properly surveyed. The demand must be made without undue delay after the MOU has been salvaged. The insurer shall bear the costs of the removal and liability for any loss...

  • Clause 18-14. Missing or abandoned MOU

    This Clause was new in the 2013 Plan and is verbatim the same as Cl. 11-7 apart from that the words “at the latest, expected to arrive in port” is replaced by the words “last heard of” as the starting point of the three months period. Reference is made to the Commentary to Cl. 11-7. 

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    Clause 18-14. Missing or abandoned MOU

    If the MOU is reported missing, the assured may claim for a total loss when three months have elapsed from the date on which the MOU was last heard of. If the MOU is reported missing under circumstances that give reason to assume that it is icebound and will subsequently be recovered, the...

  • Clause 18-15. Extension of the insurance when the MOU is missing or abandoned

    This Clause was new in the 2013 Plan and is verbatim the same as Cl. 11-8. Reference is made to the Commentary to Cl. 11-8. 

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    Clause 18-15. Extension of the insurance when the MOU is missing or abandoned

    If upon expiry of the insurance period a situation exists as referred to in Cl. 18-14 and the MOU is subsequently recovered without the assured being entitled to claim for a total loss, the insurance is extended until the MOU has arrived and is secured at a safe location. If the MOU is damaged, t...

  • Clause 18-16. Liability of the insurer during the period of clarification

    This Clause was new in the 2013 Plan and is verbatim the same as Cl. 11-9. Reference is made to the Commentary to Cl. 11-9. 

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    Clause 18-16. Liability of the insurer during the period of clarification

    If the assured is entitled to claim for a total loss in accordance with Cl. 18-9, sub-clause 2, Cl. 18-10 and Cl. 18-14, an insurer who is not liable for the total loss shall not be liable for new casualties occurring after the casualty that resulted in a total loss. The insurer who is liable for...