P. & I. clubs : law and practice

목차 (Table of Contents)

• CONTENTS
• Preface to Third Edition = ⅶ
• Table of Cases = xix
• Table of Legislation = xxxv
• 1. HISTORICAL INTRODUCTION = 1
• 1. Early Mutual Insurance = 1
• 2. The Hull Clubs = 1
• 3. The Protcting(and Indermnity) Clubs = 6
• 2. STRUCTURE OF A P. & I. CLUB = 9
• 1. Legal Character = 9
• 1. Gaining Legal Status = 9
• 2. Modern Statrus = 12
• 2. Constitution of Clubs = 14
• 1. Memorandum and Articles of Association = 14
• 2. General Meeting = 16
• 3. The "Committee" of Directors = 16
• 3. "Offshore" Associations = 18
• 4. Managers = 20
• 5. Correspondents = 23
• 6. The Element of Discretion it the Decision-making Processes of P. & I. Clubs = 25
• 1. Generally = 25
• 2. The Rules of Natural Justice = 27
• 3. Directors' Duties in Common Law = 30
• 3. ENTRY = 33
• 1. The Application Form = 33
• 2. Duty of Disclosure of Members = 34
• 3. Duty of Disclosure on the Club = 36
• 4. Duty of Disclosure at the Time of Renewal = 38
• 5. The Decision as to Admissions = 38
• 6. Condition surveys on Entry = 39
• 7. The Certificate of Entry = 41
• 8. Endorsement Slips = 45
• 9. Brokers = 45
• 10. Commencement of Membership = 47
• 11. Entry of Mortgagees = 47
• 12. Chartered and Other Fixed Premium "Special" Entries = 48
• 13. Currency of Entry = 48
• 4. THE CONTRACT OF MEMBERSHIP = 49
• 1. A Contract of "Marine Insurance" = 49
• 2. The "Offer and Acceptance" = 51
• 3. "Consideration"-The Price of Insurance = 53
• 4. The Contents of the Contract-Club Documentation = 54
• 5. Club Rules = 55
• (ⅰ) Generally = 55
• (ⅱ) Notice of the Rules = 56
• (ⅲ) Construction of Club Rules and Law Applicable = 57
• (ⅳ) Criticisms of Club Rules = 61
• (ⅴ) Rules as Warranties = 62
• (A). Express Warranties = 63
• (a) Payment of Calls = 64
• (b) Class of Vessel = 64
• (c) Vessel Surveys and Classification = 66
• (d) Seaworthiness = 68
• (e) Trading Limits = 68
• (f) The Duty to Notify the Club of Losses, Claims, Changes in Circumstances and Other Matters = 69
• (g) A Member Must Have Paid the Claim Prior to Indemnification by the Club = 69
• (h) The Obligation to Sue and Labour = 69
• (i) A Member Must not Admit Liability = 70
• (B). Implied Warranties = 71
• 6. Breach of Club Rules = 73
• 7. Alteration of Club Rules = 73
• 8. Waiver and Forbearance of Club Rules = 75
• 9. Bye-Laws, Regulations and Recommended Clauses = 76
• 10. The Form of a Club "Policy" = 77
• 5. PARTIES TO THE CONTRACT-CLUB MEMBERSHIP = 81
• 1. Generally = 81
• 2. Members = 81
• 1. Insurable Interest = 82
• 2. The Status of a Member = 82
• 3. Who May Become a Member = 83
• 4. Incidence of Membershipo = 86
• 5. "Special Entries" = 87
• 3. Assignment of the Contract of Membership = 89
• 1. Generally = 89
• 2. Method of Assignment = 91
• 3. "Loss-Payee" Clauses = 93
• 4. Entering Part Tonnage = 93
• 5. Joint Entries and Part Owners = 94
• 6. Fleet Entry = 95
• 7. Group Affiliate Cover = 95
• 8. Chartered Vessels = 98
• 1. Types of Charterer = 99
• 2. Charterers as Members = 99
• 3. Benefit of Insurance Clauses = 100
• 9. Mortgaged Vessels = 101
• 1. Notice of Mortgages = 101
• 2. Protection of mortgagees = 102
• 10. Protection and Indemnity Cover for Other Persons = 108
• 1. Shipbuilders, Repairers, Fishermen and Yacht Owners = 108
• 2. Foreign Owners Subject to State Insurance Monopolies and Restrictions = 108
• 11. The Clubs as Reinsurers = 110
• 6. UNDERWRITING = 111
• 1. Generally = 111
• 2. The Modern System of Individual Underwriting = 112
• 3. Information Required by the Club Underwriter = 114
• 4. Premium Rating, Fixing of Advance and Supplementary Calls = 116
• 5. The "Closing" of Policy Years = 117
• 6. Surpluses = 119
• 7. Renewals = 120
• 7. CALLS AND CLUB FUNDS = 121
• 1. Generally = 121
• 2. Advance, Supplementary and Overspill Calls = 122
• 3. Responsibility for the Payment of Calls = 123
• 4. Responsibility for the Collection of Calls = 126
• 5. Non-payment of Calls = 126
• (a) Forfeiture of Cover = 127
• (b) Retrospective Cancellation of Cover = 127
• (c) Payment of Interest = 130
• (d) Difficulty in Transferring to a New Club = 130
• (e) Proceeding against the Entered Vessel = 130
• (f) Set-offs = 133
• 6. Return of Calls = 135
• 7. Laid-up Returns = 136
• 8. Release Calls = 137
• 9. Club Reserves = 137
• 8. CLUB COVER-PISKS INSURED AGAINST = 141
• 1. Introduction = 141
• 2. Legality of Indemnity insurance = 141
• 1. Indemnities for Ordinary Marine Liabilities = 141
• 2. Indemnities for Civil Liabilities tainted by Illegality = 146
• (a) Both the insurer and assured know that the insurance is to assist in an illegal act = 146
• (b) The assured intentionally commits a crime and unintentionally incurs a civil liability = 147
• (c) The assured unintentionally commits a crime and unintentionally incurs a civil liability = 148
• 3. Marine Risks Insured by Protection and indemnity Associations = 152
• 1. Collisions and Non-contact Damage = 154
• (ⅰ) Sister-ships = 156
• (ⅱ) Non=contact Damage = 156
• (ⅲ) Collisions between Ships = 157
• (ⅳ) Damages in Tort = 158
• (ⅴ) Settlements according to Single and Cross-Liabilities = 158
• (A) Settlement based on Single Liability = 160
• (B) Settlement based on Cross-Liabilities = 161
• (ⅵ) Club Letters of Security = 161
• 2. Damage to Fixed and Floating Objects = 162
• 3. Cargo Claims = 163
• (ⅰ) Generally = 163
• (ⅱ) Recommended Clauses = 164
• (a) Standard Law and Arbitration Clause = 165
• (b) U.S.Law, New York Arbitration Clause = 165
• (c) General Clause Paramount = 165
• (d) Voyage Charter Clause Paramount = 166
• (e) Clause incorporating U.S. CPOGSA 1936 = 167
• (f) Clause incorporating Canadian COGWA 1936 = 167
• (g) General Deck Cargo Clause = 167
• (h) U.S. Deck Cargo Clause = 167
• (i) Hamburg Rules Clauses = 167
• (j) Himala Clause = 169
• (k) Both-to-Blame Collision Clause = 169
• (l) New Jason Clause= 170
• (m) G.A. Clause for Dutch Ports = 171
• (n) P. & I. Bunkering Clause = 171
• (o) Voyage (or "Deviation") Clause = 172
• (p) Strike Clause = 172
• (q) Carriage of Nuclear Materials Clause = 172
• (r) General Ice Clauses = 172
• (s) Conwartime 1993 Clause = 173
• (t) Voywar 1993 = 174
• (u) War Risks Deviation Clause = 174
• (v) Stowaways Clause = 174
• (w) Stevedore Damage Clause = 175
• (x) Bunker Quality Control Clause = 175
• (ⅲ) Exclusions Applicable to Cargo Liabilities = 176
• (a) Contraband = 176
• (b) Nuclear Cargoes = 176
• (c) Rare and Valuable Cargo = 176
• (d) Refrigerated Cargo = 177
• (e) Terms of Carriage must be no more onerous than those under the Hague or Hague-Visby Rules = 177
• (f) Deck Cargo = 177
• (g) Ad Valorem Bills of Lading = 178
• (h) Bills of Lading with a False Description = 178
• (i) Issue of Ante-or Post-dated Bills of Lading = 179
• (j) Consequences of Overloading = 180
• (k) Deviation = 180
• (l) Liabilities arising from the late or non-arrival of the insured vessel at a port or place of loading, or failure to any particular cargo, or any deliberate breach of the contract of carriage on the part of the
• member or his manager = 181
• (m) Discharge of cargo at a port or place other than that stipulated in the contract of carriage = 181
• (n) Costs of Forwarding Cargo = 181
• (o) Events on Land = 182
• (p) Delivery of Cargo without Production of Bills of Lading = 182
• (1) Delivery to the holder of a bill of lading = 185
• (2) Delivery to the named consignee without presentation of the bills of lading = 186
• (3) Delivery to the rightful owner of the cargo without presentation of the bills of lading = 187
• (4) Delivery without production of bills of lading where they are missing, lost or stolen = 187
• (5) Delivery without production of bills of lading under instructions in return for a letter of indemnity = 188
• (6) Liability for delays = 190
• (7) Delivery to customs or governmental authorities without bills of lading = 191
• (8) Delivery against on-board bills of lading = 192
• (9) Letters of indemnity in respect of liabilities arising out of delivery without bills of lading = 193
• (ⅳ) The Inter-Club NYPE Agreement = 195
• (A) inter-Club NYPE Agreement 1984 = 196
• Application of the 1984 Agreement = 197
• Apportionment of cargo claims = 202
• Other provisions = 203
• (B) Inter-Club NYPE Agreement 1996 = 204
• Application of the 1996 Agreement = 204
• Apportionment of cargo claims = 208
• Conclusions = 210
• 4. Loss or Damage to Property on Board the Entered Vessel = 211
• 5. Loss of Life, Personal Injury and Illness = 212
• 6. Passengers = 212
• 7. Crew Liabilities = 213
• 8. Supernumeraries and Others on Board = 214
• 9. Fines = 214
• 10. Inquiries and Criminal Proceedings = 215
• 11. Quarantine Expenses = 215
• 12. Stowaways, etc. = 216
• 13. Diversion Expenses = 216
• 14. Life Salvage = 216
• 15. Unrecoverable General Average = 216
• 16. Ship's Proportion of General Average = 217
• 17. Liabilities relating to the Wreck of the Entered Vessel = 217
• 18. pollution = 218
• (a) Damages = 219
• (b) Prevention and Clean-up Expenses = 221
• (c) Government Orders and Directions = 221
• (d) Salvors = 221
• SCOPIC = 223
• (e) Contractual Indemnities = 224
• (f) Fines = 224
• United States of America = 225
• Limitation of Liability = 227
• 19. Towage Contracts = 228
• 20. Expenses incurred pursuant to Directions of the Club = 228
• 21. The "Omnibus" Rule = 228
• 4. Special Risks insured by Protection and indemnity Associations = 230
• 1. Charters = 230
• (a) Charterer's Liability for Damage to Hull, etc. = 231
• (b) Loss of Hire and Freight Delay, Detention and Demurrage = 231
• 2. Salvors = 233
• 3. Offshore Operations = 234
• 4. Containers = 234
• 5. Other Marine Related Risks Insured by Mutual Associations = 234
• 1. Freight, Demurrage and Defence = 235
• 2. War Risks = 235
• 3. Strikes Cover = 235
• 4. Through-transport = 235
• 5. Loss of Hire = 236
• 6. Hull and Machinery Risks = 236
• 7. Insurance for Shipbrokers and Agents = 236
• 8. Insurance for Charterers = 236
• 9. Regional and National Associations = 237
• 6. Clubs which are Divided into Classes = 237
• 9. EXCEPTIONS AND LIMITATIONS TO CLUB COVER = 241
• 1. Introductory = 241
• 2. Exceptions Generally Applicable to Club Cover = 241
• (a) Exclusion of Liability if Adventure is Illegal, Hazardous or Improper = 241
• (b) Exclusion of Liability for Damage to entered Vessel, Loss of Hire, Equipment etc. = 242
• (c) Exclusion of Liabilities, Costs and Expenses of Salvage Vessels, Drilling Vessels, Dredgers and Others = 243
• (d) Liability Excluded for War Risks = 243
• (e) Liability Excluded for Certain Nuclear Risks and for the Carriage of Live Animals = 243
• (f) Wilful Misconduct of the Member = 243
• (g) Seaworthiness = 247
• (h) Insured Only As a Shipowner = 251
• (i) Excessive Contractual Liabilities = 253
• (j) Double Insurance = 255
• 3. Deductibles = 259
• 10. THE ROLE OF THE CLUB IN RELATION TO CLAIMS = 261
• 1. Clams-handling = 261
• 2. Appointment of Lawyers and Experts = 263
• 3. Legal Proceedings = 265
• 4. Payment of Claims, Costs and Interest = 268
• 5. Other Services Provided by Clubs = 272
• 6. Limitation of Liability = 273
• (a) Charteres = 273
• (b) Oil Pollution = 273
• (c) Overspill Claims = 276
• 7. Member's Rights Limit Liability = 278
• 1. Generally = 278
• 2. The "Break-Clause" = 281
• 11. CLUB LETTERS OF SECURITY = 285
• 1.Generally = 285
• 2. Form of the Club Letter = 288
• 3. Conditions on Which Letters of Undertaking are Provided = 294
• (a) A Matter of Discretion = 294
• (b) The Vessel must be an Entered Vessel = 295
• (c) The Claim must Part of the Club's Cover = 295
• (d) The Club may require Counter-Security = 296
• (e) In providing Security the Club does not thereby Admit to Indemnify the Member in respect of the Substantive Claim = 297
• (f) A Member's Calls must be Fully Paid \ 297
• 4. Release of Club Guarantees = 298
• 5. Liability Under Security Arrangements = 300
• 12. THE CLUBS' RIGHTS OF SUBROGATION = 303
• 13 DIRECT ACTION AGAINST P. & I. CLUBS = 309
• 1. Introduction = 309
• 2. Third Parties (rights Against Insurers) Act 1930 = 309
• 3. The Applicability of the Third Parties(Rights Against Insurers) Act 1930 to P. & I. Clubs = 311
• 4. Club Rules as Defences to Direct Action = 313
• 5. The "Fanti" and the "Padre Island" = 316
• 6. American Law = 319
• 14. THE DUTIES OF MEMBERS AND THE CLUB AS TO THE NOTIFICATION OF CLAIMS AND OTHER MATTER = 323
• 1. Generally = 323
• 2. The Event which Invokes the Duty = 325
• 3. The Means by which Notification is to be Communicated to, or by, the Club = 327
• 4. Time Limit for Notification of Claims = 330
• 5. The "Vainqueur Jos$$\acute e$$" = 331
• 15. A MEMBER'S DUTY TO SUE AND LABOUR = 335
• 1. Generally = 335
• 2. The Costs of Complying with the Duty to Sue and Labour = 339
• 3. Relationship Between the Rules as to Sue and Labour and Other Club Rules = 342
• 4. Saving Acts Performed for the Benefit of various Insurers = 344
• A. Life Salvage = 345
• B. Oil Pollution Liability Salvage = 345
• 5. Saving Acts which injure Other Insurable Interests = 348
• 6. Sister-ship Clause = 349
• 16. A MEMBER MUST HAVE BEEN FOUND LIABLE AND DISCHARGED THAT LIABILITY-THE "OPAY TO BE PAID" RULE = 351
• 1. Generally = 351
• 2. Contracts of Indemnity at Common Law and in Equity = 354
• 3. Direct Action = 355
• 4. Measure of Indemnity = 356
• 17. DISPUTES BETWEEN MEMBERS AND CLUBS = 359
• 18. DURATION OF CLUB COVER = 365
• 1. Period of Cover = 365
• 2. Time of Loss = 368
• 3. Time-limit for Claims by Members Against the Club = 370
• 19. TERMINATION OF CLUB MEMBERSHIP = 373
• 1. Events Terminating Club Membership = 373
• (a) Termination by Notice = 373
• (b) Cesser of Insurance upon Death or Incapacity = 373
• (c) Cesser of Insurance upon Non-compliance with Notice to Pay Calls = 374
• (d) Cesser of Insurance upon Sale, Assignment, Demise Charter, Mortgage, Change of Management or Flag, or Loss of the Insured Vessel = 275
• (e) Requisition = 378
• (f) Cesser on Account of the Vessel Being out of Class = 378
• (g) Expulsion = 378
• 2. Effect of Cesser of Insurance = 380
• 20. P. & I. CLUB REINSURANCE AND THE INTERNATIONAL GROUP OF P. & I. CLUBS = 383
• 1. Generally = 383
• 2. The Pooling Arrangement = 385
• 3. Other Activities of the International Group = 388
• 4. The International Group Agreement and the European Community = 389
• (ⅰ) The Pooling Agreement = 392
• (ⅱ) The I.G.A. = 393
• APPENDICES
• Ⅰ. COLLISIONS = 397
• (a) ASG 1-Collision Undertaking = 398
• (b) ASG 2-Collision Jurisdiction agreement = 399
• (c) Collision Guarantee to Club from Lloyd's broker = 400
• (d) Collision Guarantee to Club from company insurers(non-U.S.) = 401
• (e) Collision Guarantee to Club from U.S. insurers = 402
• Ⅱ. RECOMMENDED CLAUSES = 405
• (a) Standard Law and Arbitration Clause = 406
• (b) U.S. Law, New York Arbitration Clause = 407
• (c) General Clause Paramount = 408
• (d) Voyage Charter Clause Paramount = 409
• (e) Clause incorporating U.S. COGSA 1936 = 410
• (f) Clause incorporating Canadian COGWA 1936 = 411
• (g) General Deck Cargo Clause = 412
• (h) U.S. Deck Cargo Clause = 413
• (i) Himalaya Clause = 414
• (j) Himalaya Clause = 416
• (k) Both-to-Blame Collision Clause = 417
• (l) New Jason Clause = 418
• (m) General Average for Dutch Ports Clause = 419
• (n) P. & I. Bunkering Clause = 420
• (o) Voyage Clause = 421
• (p) Strikes Clause = 422
• (q) Carriage of Nuclear Materials Clause = 423
• (r) General Ice Clauses = 424
• (s) Conwartime 1993 Clause = 425
• (t) Voywar 1993 Clause = 427
• (u) War Risk Deviation Clause = 429
• (v) Stowaways Clause = 430
• (w) Stevedore damage Clause = 431
• (x) Bunker Quality Control Clause = 432
• Ⅲ. INTER-CLUB AGREEMENTS = 433
• (a) Inter-Club New York Produce Exchange Agreement (As amended May 1984) = 434
• (b) Inter-Club New York Produce Exchange Agreement 1996 = 437
• Ⅳ. CLUB LETTERS OF INDEMENTS = 441
• (a) Delivering Cargo without Production of the original Bill of Lading = 442
• (b) Delivering Cargo at a Port other than that stated in the Bill of Lading = 444
• (c) Delivering Cargo at a Port other than that stated in the Bill of Lading and without Production of the original Bill of Lading = 446
• Ⅴ. POLLUTION
• (a) Certificate of Insurance or other Financial Security in Respect of Civil Liability for Oil Pollution Damage-CLC 1969 = 450
• (b) Certificate of Insurance or other Financial Security in Respect of Civil Liability for Oil Pollution Damage-CLC 1992 = 452
• (c) Financial Responsibility for Tankers Charterparty Clause = 454
• (d) Financial Responsibility for Oil Pollution for Non-Tankers Charterparty Clause = 455
• Ⅵ. CLUB LETTER OF UNDERTAKING = 457
• Index = 459