Реферат: ITC Clause
18.2. In no case shall the Underwriters be liable for the unrepaired damage in the event of a subsequent total loss (whether or not covered under this insurance) sustained during the period covered by this insurance or any extension thereof.
18..3. The Underwriters shall not be liable in respect of the unrepaired damage for more than the insured value at the time this insurance terminates.
19. Constructive Total Loss
19.1. In ascertaining whether the vessel is a constructive total loss, the insured value shall be taken as the repaired value and nothing in respect of the damage or break-up value of the Vessel or wreck shall be taken into account.
19.2. No claim for constructive total loss based upon the cost of recovery and/or repair of the Vessel shall be recoverable hereunder unless such cost would exceed the insured value. In making this determination, only the cost relating to a single accident or sequence of damages arising from the same accident shall be taken into account.
20. Freight Waiver
In the event of total or constructive loss no claim to be made by the Underwriters for freight whether notice of abandonment has been given or not.
21. Assignment
No assignment of or interest in this insurance or in any moneys which may be or become payable thereunder is to be binding on or recognised by the Underwriters unless a dated notice of such assignment or interest signed by the Assured, and by the assignor in the case of subsequent assignment, is endorsed on the Policy and the Policy with such endorsement is produced before payment of any claim or return of premium thereunder.
22. Disbursements Warranty
22.1. Additional insurances as follows are permitted:
22.1.1. Disbursements, Managers’ Commissions, Profits or Excess or Increased Value of Hull and Machinery. A sum not exceeding 25% of the value stated herein.
22.1.2. Freight, Chartered Freight or Anticipated Freight, insured for time. A sum not exceeding 25 % of the value stated herein less any sum insured, however described, under 22.1.1.
22.1.3. Freight or Hire, under contract for voyage. A sum not exceeding the gross freight or hire for the current cargo passage and next succeeding cargo passage (such insurance to include, if required, a preliminary and intermediate ballast passage) plus the charges of insurance. In the case of a voyage charter where payment is made on a time basis, the sum permitted for insurance shall be calculated on the estimated duration of the voyage, subject to the limitation of two cargo passages as laid down herein. Any sum insured under 22.1.2. to be taken into account and only the excess thereof may be insured, which excess shall be the gross amount so advanced or earned.
22.1.4. Anticipated Freight if the Vessel sails in ballast and not under Charter. A sum not exceeding the anticipated gross freight on next cargo passage, such sum to be reasonably estimated on the basis of the current rate of freight at time of insurance plus the charges of insurance. Any sum insured under 22.1.2. to be taken into account and only the excess thereof may be insured.
22.1.5. Time Charter Hire or Charter Hire for Series of Voyages. A sum not exceeding 50% of the gross hire which is to be earned under the charter not exceeding 18 months. Any sum insured under 22.1.2. to be taken into account and only the excess thereof may be insured, which excess shall be reduced as the hire is advanced or earned under the charter by 50% of the gross amount so advanced or earned but the sum insured need not be reduced while the total of the sums insured under 22.1.2. and 22.1.5. does not exceed 50% of the gross hire still to be earned under the charter. An insurance under this Section may begin on the signing of the Charter.
22.1.6. Premiums. A sum not exceeding the actual premiums of all interests insured for a period not exceeding 12 months (excluding premiums insured under the foregoing sections, but including, if required, the premiums or estimated calls on any Club or War etc. Risk insurance) reducing pro rata monthly.
22.1.7. Returns of Premium. A sum not exceeding the actual returns which are allowable under any insurance but which would not be recoverable thereunder in the event of a total loss of the Vessel whether by insured perils or otherwise.
22.1.8. Insurance irrespective of amount against :
Any risk excluded by Clauses 24, 25, 26 and 27 below.
22.2. Warranted that no insurance on any interests enumerated in the foregoing 22.1.1. to 22.1.7. in the excess of the amounts permitted therein and no other insurance which includes the total loss of the Vessel P.P.I., F.I.A. or subject to any other like term, is or shall be effected to operate during the currency of this insurance by or for account of the Assured, Owners, Managers or Mortgagees. Provided always that a breach of this warranty shall not afford the Underwriters any defence to a claim by a Mortgagee who has accepted this insurance without knowledge of such breach.
23. Returns for Lay-up and Cancellation
23.1. To returns as follows:
23.1.1. pro rata net for each uncommenced month if this insurance be cancelled by agreement,
23.1.2. for each period of 30 consecutive days the Vessel may be laid up in a port or in a lay-up area provided such port or lay-up area is approved by the Underwriters