Chapter 4 contains a number of general rules relating to various forms of loss which are covered by the insurer. The rules are not exhaustive, and must in each type of insurance be co-ordinated with the provisions contained in the special parts of the Plan and in the relevant insurance contract. Generally speaking, the rules which are relevant to more than one of the various branches covered by the Plan have been compiled in this Chapter, while provisions that are relevant to only one branch are dealt with in the special parts of the Plan.
Under Cl. 2-11, sub-clause 1, the insurer is liable “for loss incurred when the interest insured is struck by an insured peril during the insurance period”. This means that in the event of a casualty occurring as a result of a peril covered by the insurance, the insurer is liable for any loss that is not explicitly excluded from cover. However, it must be emphasised that this does not mean that each and every loss is recoverable provided that there is a causal relation between the loss and a peril covered by the insurance. The Plan contains a number of provisions relating to losses that are not recoverable, and these provisions must, depending on the circum¬stances, also be applicable by analogy. In cases of doubt, the solution must therefore be found through an interpretation of the rules of the Plan relating to the scope of liability, supplemented by other sources of law, in particular the legal tradition in marine insurance law.
Cefor - The Nordic Association of Marine Insurers