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16.02.21

Publication

Rule 86 Currency of payments 1 Unless the Association in its sole discretion otherwise decides, the Association shall make all payments for liabilities, losses, costs and expenses covered by the Association in the currency in which the Member’s Estimated Total Call is calculated (the ’premium currency’). 2 Where the Member has made a payment in respect of an

16.02.21

Publication

  Rule 73 Nuclear perils 1 The Association shall not cover any liabilities, losses, costs or expenses directly or indirectly caused by or contributed to by or arising from: a ionising radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel b the radioactive, toxic, explosive or

16.02.21

Publication

Rule 68 Disputes with the Association and other Members – Unpaid sums 1 The Association will not cover under a Defence entry costs of cases against the Association itself, its subsidiaries, agents, representatives or servants. 2 No cover shall be available under Defence entries to either party where a dispute arises between Joint Members, Co-assureds, affili

16.02.21

Publication

Rule 59 Specialist operations The Association shall not cover under a P&I entry liabilities, losses, costs and expenses incurred by the Member during the course of performing dredging, blasting, pile-driving, well intervention, cable or pipelaying, construction, installation or maintenance work, core sampling, depositing of spoil, power generation and decomm

16.02.21

Publication

Rule 58 War risks 1 The Association shall not cover under a P&I entry liabilities, losses, costs or expenses (irrespective of whether a contributory cause of the same being incurred was any neglect on the part of the Member or his servants or agents) when the loss or damage, injury, illness or death or other accident in respect of which such liabilities aris

16.02.21

Publication

Rule 28 Liabilities in respect of passengers 1 The Association shall cover: a liability for injury to, or illness or death of, or loss of or damage to the effects of passengers and hospital, medical or funeral expenses incurred in relation to such injury, illness or death; b liability to pay damages or compensation to passengers on board the Ship where such

16.02.21

Publication

Rule 27 Liabilities in respect of crew 1 The Association shall cover: a liability to pay hospital, medical, maintenance, funeral and other costs and expenses incurred in relation to the injury to, or illness or death of, a member of the Crew, including costs and expenses of repatriating the member of the Crew and his personal effects, or sending home an ur

16.02.21

Publication

Rule 26 Effect of cesser or termination 1 Where the insurance ceases or is terminated, the Member shall remain liable for all Estimated Total Calls, Supplementary Calls, Overspill Calls and other premiums in respect of the then current Policy Year pro rata for the period up to the date of cesser or termination, and for all Estimated Total Calls, Supplementar

16.02.21

Publication

Rule 24 Termination by the Association 1 The Association may terminate the entry with effect from the end of the Policy Year in respect of one or more Ships by giving written notice thereof prior to 20 January. 2 The Association may also terminate the insurance of any or all of the Ships entered by a Member: a without notice, where a casualty or other event

16.02.21

Publication

Rule 79 Joint Members, Co-assureds, Affiliates and Fleet Entries 1 Joint Members and Co-assureds insured on any one entry shall be jointly and severally liable for all sums due to the Association in respect of such entry. Members, Joint Members and Co-assureds insured on any entry in respect of one or more Ship(s) forming part of a Fleet Entry shall be joint

16.02.21

Publication

Rule 78 Cover for Co-assureds and Affiliates 1 The Association may agree, subject to the provisions of this Rule 78 and to such other terms as may be required, to extend the cover afforded by the Association to the Member to: a any person who is affiliated to or associated with the Member (not being a Co-assured or other Affiliate), and who shall not be spec

16.02.21

Publication

Rule 66 Cases pertaining to acquisition or disposal of the Ship The Association shall cover legal and other costs necessarily incurred in establishing or resisting claims in connection with: a building, purchase or mortgaging of the Ship, including claims in connection with the future employment of the Ship being built or purchased, provided always that the

15.02.21

Publication

Rule 20 Payment 1 Subject to Rule 20.3, Estimated Total Calls are due in three instalments as follows: a for the period 20 February – 20 June, on 15 March; b for the period 20 June – 20 October, on 15 September; c for the period 20 October – 20 February, on 15 November. 2 Where the Ship is entered in the course of a Policy Year, a pro rata of the proporti

15.02.21

Publication

Rule 19 Reserves 1 The Association may establish and maintain such reserves as it may deem appropriate and may decide that any part of such reserves shall be applied to reduce Supplementary Calls including Overspill Calls. 2 Reserve funds may not be distributed to the Members except as provided for in the Articles of Association. Guidance (A) …such reserves

15.02.21

Publication

Rule 16 Closing of Policy Years 1 The Association may decide to close a Policy Year at such time as it deems expedient. 2 No further Supplementary Calls, other than Overspill Calls, shall be levied in respect of a closed Policy Year.   Guidance (A) The Association may decide to close a Policy Year… (Rule 16.1) A Policy Year runs from noon GMT on 20 February

15.02.21

Publication

Rule 15 Release Calls When an entry is terminated or shall cease, the Association may, without awaiting the fixing any Supplementary Calls, determine an additional premium for each open Policy Year based on, but not limited to, the anticipated rate(s) of Supplementary Calls for each year. Upon payment of such Release Calls, the Member shall be released from

15.02.21

Publication

Rule 10 Setting of Estimated Total Calls 1 Each Ship’s Estimated Total Call shall be set taking into account all matters, including the Member’s loss record, which the Association may consider relevant in assessing the degree of risk involved. All Ships under the same management may at the discretion of the Association be deemed, for the purpose of determini

15.02.21

Publication

Rule 1 Interpretation 1 In these Rules the following words or expressions shall have the following meanings: Affiliate any person who is insured pursuant to Rule 78.1.a. Articles of Association for entries with Assuranceforeningen Gard -gjensidig-, the Statutes of Assuranceforeningen Gard -gjensidig- and for entries with Gard P. & I. (Bermuda) Ltd, the Bye-L

15.02.21

Publication

Acknowledgements The first edition of this book was written in 2008 and was itself a development of the foundations that were laid in earlier editions of the Gard Handbook on P&I Insurance, the first edition of which was published in 1972 and the 5th in 2002. However, since 2008, the corporate structure of the Gard group has seen many changes and the scope o

15.02.21

Publication

I am delighted to offer Members, clients, brokers and other business partners our updated Gard Guidance to the Rules for 2021 reflecting changes made in the Rules for Ships for the policy year commencing on 20 February 2021. Details of the Rule changes are found in Circular No 15/2020 sent to Members in January 2021. The book aims to give navigational aid in