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ADDITIONAL INSURANCES / PART II / Section E - Extended Through Transit Liabilities / Clause 1
LIABILITIES ARISING OUT OF THE CARRIAGE OF CONTAINERISED CARGO
This insurance is to indemnify the Assured against liabilities, together with costs and expenses incidental thereto, arising out of the carriage of containerised cargo by or on behalf of the Assured. The following shall be recoverable:
1.1 Illness, injury and death
Compensation and damages for which the Assured is liable which are payable by reason of the illness or death of, or injury to, any person, other than a Crewmember, Passenger or any person on board the Entered Ship1.
1.2 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 Entered Ship1).
1.3 PROVIDED ALWAYS THAT:
1.3.1 there shall be no recovery under this Clause for liabilities arising out of the carriage of any cargo or container whilst it is on board the Entered Ship1; and
1.3.2 the cargo or container, as the case may be, is intended to be or has been carried on an Entered Ship1; and
1.3.3 the liability does not arise out of the terms of a contract of indemnity or guarantee between the Assured and a third party (See Rule 19.152); and
1.3.4 the liability does not fall within the terms of Rule 19.17 (Cargo)3; and
1.3.5 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.
1.3.6 There shall be no recovery 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 Call or premium as may be required by the Association.
1 For the purposes of this Clause the term ‘Entered Ship’ shall include a ‘Chartered Ship’ covered under the Association’s Charterers’ Liability Insurance.
2 For the purposes of this Clause, where the Assured is insured under the Association’s Charterers’ Liability Insurance the reference to Rule 19.15 shall include reference to Charterers’ Liability Insurance Clause 15 Contracts of indemnity or guarantee.
3 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 17 Cargo.