Commentary

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Section 5-4: Total loss

  • Clause 18-68. Relationship to Section 2-2 above

    This Clause was new in 2016 and is verbatim the same as Cl. 15-10 apart from the cross reference to Section 2-2 of Chapter 18. Reference is made to the Commentary to Cl. 15-10.

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    Clause 18-68. Relationship to Section 2-2 above

    The provisions in this Section shall apply in addition to the provisions contained in Section 2-2 above.

  • Clause 18-69. Intervention by a foreign State power, piracy

    This Clause was new in 2016 and is verbatim the same as Cl. 15-11 apart from some editorial amendments and correcting the cross references to the relevant clauses in Chapter 18. Reference is made to the Commentary to Cl. 15-11.

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    Clause 18-69. Intervention by a foreign State power, piracy

    If the assured has been deprived of the MOU by an intervention by a foreign State power for which the insurer is liable under Cl. 2-9, the assured may claim for a total loss if the MOU has not been released within twelve months from the day the intervention took place. If the MOU has been capture...

  • Clause 18-70. Blocking and trapping

    This Clause was new in 2016 and is verbatim the same as Cl. 15-12 apart from some editorial amendments and correcting the cross reference to the relevant Clause in Chapter 18. Reference is made to the Commentary to Cl. 15-12.

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    Clause 18-70. Blocking and trapping

    If the MOU is prevented from leaving a port or a similar limited area due to blocking, the assured may claim for a total loss if the relevant obstruction has not ceased within twelve months after the day it occurred. The provisions in Cl. 18-69, sub-clauses 3, 4 and 5, shall apply correspondingly.

  • Clause 18-71. Restrictions imposed by the insurer

    This Clause was new in 2016 and is verbatim the same as Cl. 15-13 apart from some editorial amendments and correcting the cross reference to the relevant Clause in Chapter 18. Reference is made to the Commentary to Cl. 15-13.

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    Clause 18-71. Restrictions imposed by the insurer

    If the MOU has been deprived of income for more than six months as a result of orders issued by the insurer, cf. Cl. 18-62, the assured may claim for a total loss.