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ADDITIONAL INSURANCES / PART II / Section A - Deviation and other exceptions to coverage in respect of Cargo (ad hoc) / Clause 5
DECK CARGO
This insurance is to indemnify the Assured in respect of liabilities, losses, costs and expenses as would be covered by the Association under Rule 19.17 Cargo1 but where, in the opinion of the Association, the Assured has prejudiced or may have prejudiced such coverage from the Association by virtue of the operation of Rule 19.17.8.9:
5.1
in consequence of the carriage of cargo on deck where the cargo is not suitable for carriage as loaded on the deck of the Entered Ship2
5.2
{Enter details of the cargo deemed unsuitable for carriage on deck which (potentially) prejudice coverage from the Association}.
5.3
Notwithstanding that the Association deems the cargo as unsuitable for carriage on deck and that the risk is therefore not poolable3, the Assured shall nevertheless properly and carefully load, handle, stow, carry, keep, care for the cargo for the intended voyage.
5.4
There shall be no recovery hereunder where such liability arises out of an insufficiency of packaging for the intended on deck stowage and voyage in respect of
5.4.1 rusting, oxidisation and/or discolouration; and/or
5.4.2 electrical, mechanical, electromechanical and/or electronic derangement; and/or
5.4.3 bending and twisting of pipes, rods and/or steel bars; and/or
5.4.4 scratching, denting and/or the cost of repainting cars / vehicles.
1 For the purposes of this Clause, where the Assured is insured under the Association’s Charterers’ Liability Insurance the reference to Rule 19(17) shall include reference to Charterers’ Liability Insurance Clause 178 Responsibilities in respect of cargo; and the reference to Rule 19.17.8.9 shall include reference to Clause 17.8.10 Deck cargo.
2 For the purposes of this Clause the term ‘Entered Ship’ shall include a ‘Chartered Ship’ covered under the Association’s Charterers’ Liability Insurance.
3 For the purposes of this Clause ‘poolable’ shall mean a risk which falls within the pooling eligibility criteria of the Pooling Agreement of the International Group of P&I Associations; or, applying similar criteria, falls within the cover terms set out in the Association’s Charterers’ Liability Insurance.