CHARTERERS' LIABILITY INSURANCE / PART II / Section A / Clause 26

SPECIAL COVER FOR EXTENDED THROUGH TRANSIT RISKS

Without prejudice to the generality of Clause 24 Special Cover the Assured may be insured against liabilities, together with costs and expenses incidental thereto, arising out of the carriage of any cargo or container by or on behalf of an Assured. The following may be covered on such terms as may be agreed in writing by the Managers:

26.1 Injury, illness or death

Compensation and damages for which the Assured is liable which are payable by reason of the injury to, illness of or death of any person, other than a Seafarer, Passenger or any person on board the Chartered Ship.

26.2 Damage to property

Liability of the Assured for loss of or damage to any fixed or moveable property whatsoever (not being cargo or other property carried in the Chartered Ship).

26.3 PROVIDED ALWAYS THAT:

26.3.1 there shall be no recovery under this Clause for liabilities arising out of the carriage of any cargo or container while it is on board the Chartered Ship; and

26.3.2 the cargo or container, as the case may be, is intended to be or has been carried on the Chartered Ship; and

26.3.3 the liability does not arise out of the terms of a contract of indemnity or guarantee between the Assured and a third party (See Clause 15 Contracts of Indemnity or Guarantee); and

26.3.4 the liability does not fall within the terms of Clause 17 Cargo; and

26.3.5 there shall be no recovery under this Clause for loss of or damage to any ship and/or water borne conveyance in which the cargo or container is carried; and

26.3.6 there shall be no recovery under this Clause for liabilities arising out of the carriage of the container itself unless special terms have been agreed in writing by the Managers and the Assured has paid or agreed to pay such additional premium as may be required by the Association.