P&I (CLASS 3)

OBLIGATION OF THE MEMBER IN RESPECT OF CLAIMS

30.1 Notice

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

30.2 Mitigation of Loss

Upon the occurrence of any incident which may give rise to a claim under these Rules, the Member 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 Member may be insured under these Rules.

30.3 Information

A Member must at all times promptly notify the Managers of any information, documents or reports in the Member’s or the Member’s agents’ possession or knowledge relevant to any incident referred to under Rule 30.1 Notice above.  Further the Member 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 Member who may in the opinion of the Association be in possession of information relevant to the said incident.

30.4 Time Limit for Notice

Every claim against the Member in respect of an incident referred to in Rule 30.1 Notice, above, shall be notified to the Association as soon as possible, but in no case later than 12 months after the Member has received notice that the claim is being, or may be, made against the Member in respect of such incident.  The Member shall give notice to the Association in writing of the commencement of any legal or arbitration proceedings against the Member as soon as possible, but in no case later than 30 days after the Member has received service of the said proceedings.

30.5 Time Limit for Reimbursement

All requests by a Member for reimbursement of any losses, costs or expenses recoverable from the Association under these Rules and the Certificate of Entry 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 Member.

Britannia