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CHARTERERS' LIABILITY INSURANCE / PART II / Section A / Clause 10
DAMAGE TO PROPERTY
Liabilities which the Assured may incur, together with costs and expenses incidental thereto, to pay damages or compensation for any loss of, or damage to, or infringement of rights in connection with, property.
The following shall be recoverable:
10.1 Fixed and floating objects
Liability arising out of any loss of or damage to any harbour, dock, pier, jetty, land or any object whatsoever moveable or immoveable (not being another ship or cargo or other property therein or cargo or other property carried in the Chartered Ship) by reason of contact between the Chartered Ship and such harbour, dock, pier, jetty, land or moveable or immoveable object.
10.2 Passengers’ baggage
Liability arising out of the loss of or damage to a Passenger’s baggage insofar as such liability may be covered under Clause 2 Passengers.
10.3 Not applicable
10.4 Non-contact damage to ships
Liability for losses caused to the owner of any other ship, or cargo or other property therein, insofar as such liability may be covered under Clause 11 Non-Contact Damage to Ships.
10.5 Pollution
Liability in respect of an escape or discharge or threatened escape or discharge of oil or any other substance insofar as such liability may be covered under Clause 12 Pollution.
10.6 Wreck removal
Liability for the removal of wrecks insofar as such liability may be covered under Clause 13 Wreck Removal.
10.7 Other property losses
Liability for loss of, or damage to, or infringement of rights in connection with, the property of any person (other than those persons interested in cargo carried in the Chartered Ship).
Provided always that:
10.7.1 this Clause 10.7 excludes liabilities which may be covered under Clauses 10.1, 10.2, 10.4, 10.5 and 10.6 above.
10.8 PROVIDED ALWAYS THAT:
10.8.1 there shall be no recovery under this Clause 10 in respect of expenditure arising out of the Assured’s liability under a contract of indemnity or guarantee between the Assured and a third party (see Clause 15 Contracts of Indemnity or Guarantee);
10.8.2 there shall be no recovery under this Clause 10 in respect of any liabilities which the Assured may incur to persons interested in another ship, or cargo or other property therein, by reason of a collision between the Chartered Ship and that other ship (see Clause 9 Collision) or to persons interested in cargo carried in the Chartered Ship (see Clause 17 Cargo);
10.8.3 if the loss, damage or expense relates to any property belonging to the Assured (other than that carried on board the Chartered Ship – see Clause 27.1.2 Equipment), the Assured shall be entitled to recover from the Association, and the Association shall have the same rights, as if such property belonged to a third party, but to the extent only that such loss, damage or expense is not recoverable under any other insurances upon the said property.