ADDITIONAL INSURANCES / PART II / Section J - Liabilities in respect of Superintendents, other Personnel and Crew / Clause 1

LIABILITIES IN RESPECT OF SUPERINTENDENTS AND OTHER PERSONNEL

in relation to a mutual entry in the Association

1.1 Superintendents and other personnel

This insurance is to indemnify the Assured against liabilities, together with costs and expenses incidental thereto in respect of

1.1.1 the presence of superintendents at shipyards either in connection with and/or on board newbuildings or ships under reconstruction or refurbishment prior to (re-)entry into the Association; and/or

1.1.2 the presence of employees, supercargoes, surveyors, experts and/or other contractors or personnel on board ships pre- or post- entry in the Association.

1.2 The following shall be recoverable:

1.2.1 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 third person.

1.2.2 Damage to property
Liability of the Assured for loss of or damage to any fixed or moveable property whatsoever.

1.3 PROVIDED ALWAYS THAT:

1.3.1 Exclusion of illness, injury and death of Superintendents and other personnel
there shall be no recovery under this Clause for liabilities arising out of the illness or death of, or injury to the Superintendents and other personnel;

1.3.2 Exclusion of Employers’ Liability
For the avoidance of doubt there shall be no recovery in respect of a breach of any obligation to an employee (other than Crewmembers) owed by the Assured as an employer.

1.3.3 Contracts of indemnity or guarantee
there shall be no recovery against any liability which would not have been incurred but for the provisions of a contract of indemnity or guarantee given by the Assured unless the Managers shall have approved such contract in advance and the Assured has paid or agreed to pay such additional Call or premium as may be required by the Association (see Rule 19.15 Contracts of Indemnity or Guarantee).