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CHARTERERS' LIABILITY INSURANCE / PART II / Section A / Clause 4
INJURY TO, ILLNESS OF OR DEATH OF THIRD PARTIES
Compensation and damages for which the Assured is liable which are payable by reason of personal injury to, illness of or death of any person, other than a Seafarer or Passenger, and the diversion expenses specified in Clause 6 Diversion Expenses associated with the said injury, illness or death.
Provided always that:
4.1
cover under this Clause 4 is limited to liabilities, costs and expenses arising out of a negligent act or omission on board or in relation to the operation of the Chartered Ship, or in relation to the handling of its cargo from the time of receipt of that cargo at the port of shipment until delivery of that cargo at the port of discharge; and
4.2
the Assured shall take all appropriate steps permitted by law to recover such liabilities, costs and expenses from any other person or insurer concerned with such third party; and
4.3
there shall be no recovery under this Clause 4:
4.3.1 unless the Managers have (except in the case of a relative of a Seafarer) approved of the presence of the third party to travel on board the Chartered Ship and the terms and conditions on which the third party is carried, and the Assured has paid or agreed to pay such additional premium as may be required by the Association; or
4.3.2 in respect of personnel (other than marine crew) employed otherwise than by the Assured where the Chartered Ship is providing accommodation to such personnel in relation to their employment on an oil or gas production or exploration facility, unless there has been a contractual allocation of risks as between the Assured and the employer of the said personnel which has been approved by the Association (see Clause 15 Contracts of Indemnity or Guarantee); or
4.3.3 in respect of hotel, restaurant, bar or other guests or visitors and catering crew on board the Chartered Ship when moored (other than on a temporary basis) and open to the public as a hotel, restaurant, bar or other place of entertainment.