19 October 2016 5518
Marine

Does the Class Maintained at the Time of Accident Warranty Overlap with the Institute Time Clause Hull Provisions 1.10.83?

In a sharing and discussion event regarding the 2015 Marine Hull Market, several underwriting policies were presented. One of the policies conveyed is regarding the class warranty, namely the Warranted vessel classed and class maintained at the time of accident. Then one of the participants asked whether the use of the sentence at the time of accident did not make it overlap with clause 4.1 Institute Time Clause Hull 1.10.83? In clause 4.1 Institute Time Clause Hull 1.10.83 it is stated that the policy is automatically cancelled if there is a change in class status.

To be more clear, let's raise the question into a case. For example, the General Cargo KM. Caraka Jaya Niaga (Class: BKI) sailed from the Tanjung Priok port of Jakarta to the Manokwari port. The ship carries 4 different types of goods belonging to the insured. The first destination, the ship delivers goods belonging to the insured A at the Balikpapan port. After loading and unloading, the ship continues the delivery of goods belonging to the insured B to the port of Makassar and then to Papua. However, when the ship sails to Manokwari port, the ship class becomes suspended because there are several class recommendations that are due and have not been implemented. Unfortunately, the ship ran aground in the waters before Manokwari port. Is the claim accepted or rejected by insurance?

In the event of a change in the status of the ship class, whether it is suspended or revoked, Institute Time Clause Hull 1.10.83 regulates the provisions in Clause 4 regarding automatic termination as follows:

4.Unless the Underwriters agree to the contrary in writing, this insurance shall terminate automatically at the time of

4.1 change of the Classification Society of the vessel, or change, suspension, discontinuance, withdrawal  or expiry of her Class therein, provided that if the vessel is at sea such automatic termination shall be deferred until arrival at her next port. However where such change, suspension, discontinuance or withdrawal of her Class has resulted from loss or damage covered by clause 6 of this insurance or which would be covered by an insurance of the vessel subject to current Institute War and Strikes clauses Hulls-Time such automatic termination shall only operate should the vessel sail from her next port without the prior approval of the Classification Society

4.2 any change, voluntary or otherwise, in the ownership or flag, transfer to new management, or charter on a bareboat basis, or requisition for title or use of the vessel, provided that, if the vessel has cargo onboard and has already sailed from her loading port or is at sea in ballast, such automatic termination shall if required be deferred, whilst the vessel continues her planned voyage, until arrival at final port of discharge if with cargo or at port of destination if in ballast. However, in the event of requisition for title or use without the prior execution of a written agreement by the Assured, such automatic termination shall occur fifteen days after such requisition whether the vessel is at sea or in port. 

At first, it will seem as if the “class maintained at the time of accident” warranty overlaps and is not in line with the automatic termination provisions in clause 4 above. Because by adding the word "at the time of accident", it is as if we are giving the ship owner a chance to "try" to get the class maintained certificate. Although in fact the ship class was not maintained before the ship ran aground and the policy was considered terminated when the ship class became suspended.

Broadly speaking, clause 4 above states that: Unless the underwriter agrees in writing to the contrary, the cover will automatically end due to:

4.1 Matters related to classification
4.3 Matters relating to ship management changes
Let's look again at the clause 4.1 statement: "provided that if the vessel is at sea such automatic termination shall be deferred until arrival at her next port." So it becomes clear that the addition of the sentence "at the time of accident" to the class warranty will not overlap with Institute Time Clause Hull 1.10.83, because in Clause 4.1 it still provides relief to ship owners in the form of suspension of automatic termination to the next port (not the last port in travel plans). Thus, in the example above, it is clear that the policy is still liable until the next port.
As for material for joint discussion, there is a more fundamental question that the writer always asks, Can ships that are not classified (un-class) be covered using the Institute Time Clause Hull? Because the status of the ship class turns out to be one of the factors that can cause the policy to end. Hopefully we can discuss it on another occasion.

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