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P&I (CLASS 3) / PART II / RULE 6
ENTRY
6.1 Application
Any person who wishes to enter a Ship for insurance in this Class of the Association shall apply for such entry in such form as may from time to time be required by the Managers and shall furnish any particulars and information requested by the Managers.
6.2 Fair Presentation
6.2.1 The Member or potential Member and any agent:
6.2.1.1 must make to the Association and the Managers a fair presentation of the risk by providing the Managers with all material particulars and information together with any additional particulars and information as the Managers may require;
6.2.1.2 will ensure that every material representation as to a matter of fact is substantially correct, and every material representation as to a matter of expectation or belief is made in good faith.
6.2.2 In accordance with Rule 3.5 Insurance Act 2015, Section 8 of the Insurance Act 2015 is excluded. Any breach of Rules 6.2.1.1 or 6.2.1.2 above shall entitle the Association to avoid the contract of insurance, regardless of whether the breach is innocent, deliberate or reckless.
6.2.3 The Member or potential Member is obliged to disclose any change in any material information relating to an entry including, but not limited to, change of management, flag, classification society, government authority responsible for ship certification for the trade in question, nationality of crew, trading or operating area or nature of trade or operation. Upon such disclosure, or failure to disclose, the Managers may amend the Member’s premium rating or terms of entry, or terminate the entry in respect of such Ship with effect from the time of disclosure or failure to disclose.
6.3 Certificate of Entry
As soon as reasonably practicable after accepting any application for the entry of a Ship in this Class of the Association, the Managers shall issue a Certificate of Entry which (subject to any special terms on which such Ship may be entered) shall state:
6.3.1 The names of the Members on whose behalf such Ship has been entered and their interest in such Ship.
6.3.2 The names of the Members on whose behalf such Ship has been entered in the Register. The names shall be listed in the order in which their names appear on the Certificate of Entry and this order shall be conclusive proof of the rights of seniority between Members in accordance with these Rules and the Articles of Association.
6.3.3 The risks against which such Ship has been entered for insurance in the Association and the amount of any deductible or retention to be borne by the Member in respect of such risks.
6.3.4 The date on which the entry of such Ship is to commence.
6.3.5 The Full and Entered Tonnage of such Ship.
6.3.6 Any special terms as to Contribution.
6.3.7 The currency in which Contributions are calculated which shall be the currency in which transactions between the Member and the Association are conducted, subject to the provisions of Rule 12.3 Currencies.
6.3.8 Any limitations on the cover provided by the Association which are not set out in these Rules.
6.4 Entered Tonnage
The Managers may accept the entry of a Ship for a tonnage other Tonnage than the Full Tonnage of such Ship.
6.5 Subject to Rules
The terms and conditions on which a Ship is accepted for entry, including those relating to the nature and extent of the risks covered and the Contributions payable by the Member, shall be those set out in the Rules and byelaws hereinafter mentioned but subject to such variations, within the scope of these Rules, as may have been agreed between the Member and the Managers and set out in the Certificate of Entry.
6.6 Variation of Cover
If at any time the Managers and the Member agree to vary the terms and conditions on which a Ship is entered the Managers, as soon as reasonably practicable thereafter, shall issue an endorsement to the Certificate of Entry stating the nature of such variation and the date from which such variation is to be effective.
6.7 Contract of Insurance
Every Certificate of Entry issued as aforesaid shall be conclusive evidence of the contract of insurance.
6.8 Refusal of Application
The Managers may in their discretion and without giving any reason refuse an application by any person for entry of a Ship in this Class whether or not that person is already a Member of the Association.
6.9 ITOPF
Any person who wishes to enter a Ship for insurance in this Class of the Association shall become a member or associate of the International Tanker Owners Pollution Federation (ITOPF) as appropriate and shall enter the Ship in ITOPF. The Managers shall have the authority to arrange such membership, association and entry and to pay the fees due to ITOPF in respect of any such Ship from the funds of the Association.