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CHARTERERS' LIABILITY INSURANCE / PART VI / Clause 5
INSURANCE ACT 2015
The following provisions of the Insurance Act 2015 (the Act) are excluded from the Certificate of Insurance, these Charterers’ Insurances Terms & Conditions and the contract of insurance:
5.1 Section 8
Section 8 of the Act is excluded. As a result any breach of the duty of fair presentation shall entitle the Association to avoid the contract of insurance, regardless of whether the breach of the duty of fair presentation is innocent, deliberate or reckless.
5.2 Section 10
Section 10 of the Act is excluded. As a result all warranties in the Certificate of Insurance, these Charterers’ Insurances Terms & Conditions or any contract of insurance must be strictly complied with and if the Assured or any party afforded the benefit of cover by the Association fails to comply with any warranty the Association shall be discharged from liability from the date of the breach, regardless of whether the breach is subsequently remedied.
5.3 Section 11
Section 11 of the Act is excluded. As a result the Certificate of Insurance, these Charterers’ Insurances Terms & Conditions and all terms of the contract of insurance between the Association and the Assured or any party afforded the benefit of cover by the Association, including terms which tend to reduce the risk of loss of a particular kind, loss at a particular location and/or loss at a particular time, must be strictly complied with and if the Assured or any party afforded the benefit of cover by the Association fails to comply with any such term, the Association’s liability may be excluded, limited or discharged in accordance with the Certificate of Insurance and these Charterers’ Insurances Terms & Conditions notwithstanding that the breach could not have increased the risk of the loss which actually occurred in the circumstances in which it occurred.
5.4 Section 13
Section 13 of the Act is excluded. As a result the Association shall be entitled to exercise its right to terminate the contract of insurance in respect of the Assured and any party afforded the benefit of cover by the Association in the event that a fraudulent claim is submitted by or on behalf of the Assured or any party afforded the benefit of cover by the Association.
5.5 Section 13A
Section 13A of the Act is excluded. As a result the Certificate of Insurance, these Charterers’ Insurances Terms & Conditions and the contract of insurance between the Association and the Assured and any party afforded the benefit of cover by the Association shall not be subject to nor shall the Association or the Managers be in breach of any implied term that they will pay any sums due in respect of a claim within a reasonable time save where the breach is deliberate or reckless and Section 13A of the Act is excluded to this extent.
5.6 Section 14
Section 14 of the Act is excluded. As a result the contract of insurance between the Association, the Assured and any party afforded the benefit of cover by the Association shall be deemed to be a contract of the utmost good faith, and any breach of the duty of the utmost good faith shall entitle the Association to avoid the contract of insurance.