CHARTERERS' LIABILITY INSURANCE

OBLIGATION OF THE ASSURED IN RESPECT OF CLAIMS

1.1 Notice

Every Assured shall be bound to give prompt notice in writing to the Managers of every incident likely to give rise to a claim under the Certificate of Insurance and of any legal or arbitration proceedings commenced against the Assured.  The Assured shall furnish the Managers as soon as reasonably possible thereafter with all documents or information relevant thereto.

1.2 Mitigation of Loss

Upon the occurrence of any incident which may give rise to a claim under the Certificate of Insurance, the Assured shall take such steps as at the time shall appear proper for the purpose of averting or minimising any loss, damage, expense or liability in respect of which the Assured may be insured under the Certificate of Insurance.

1.3 Information

The Assured must at all times promptly notify the Managers of any information, documents or reports in the Assured’s or the Assured’s agents’ possession or knowledge relevant to any incident referred to under Clause 1.1 Notice above. Further the Assured shall, whenever so requested by the Managers, give the Association or its representatives free access to such information, documents or reports with liberty to inspect and copy the same. Such free access shall include the right to conduct a survey, or to interview any officer, servant or agent of the Assured who may in the opinion of the Association be in possession of information relevant to the said incident.

1.4 Time Limit for Notice

Every claim against the Assured in respect of an incident referred to in Clause 1.1 Notice above, shall be notified to the Association as soon as possible, but in no case later than 12 months after the Assured has received notice that the claim is being, or may be, made against the Assured in respect of such incident.  The Assured shall give notice to the Association in writing of the commencement of any legal or arbitration proceedings against the Assured as soon as possible, but in no case later than 30 days after the Assured has received service of the said proceedings.

1.5 Time Limit for Reimbursement

All requests by the Assured for reimbursement of any losses, costs or expenses recoverable from the Association under the Certificate of Insurance must be made to the Association within 12 months of the incurring of the loss or the payment of the cost or expense by the Assured.

Britannia