The Plan

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Section 1: Common provisions

  • Clause 17-1. Scope of application

    The rules in Chapter 17, Sections 1-7 shall only apply to the extent that this follows from the insurance contract.

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    Clause 17-1. Scope of application

    Chapter 17 provides a special insurance cover for small vessels and constitutes a supplement to the other rules of the Plan. The hull part of this Chapter (Sections 2 and 3) is an addition to the general hull part of the Plan (Chapters 10 to 13), while the special insurance for catch and equipmen...

  • Clause 17-2. Renewal of the insurance/Ref. Clause 1-5

    Upon expiry of the insurance period, the insurance is automatically renewed for 12 months at the same premium and on the same conditions.

    If the insurer does not wish to renew the insurance, or if he only wishes to renew it at a different rate or on different conditions, he must notify the person effecting the insurance of this no later than one month prior to expiry of the insurance period.

    If the person effecting the insurance wishes to cancel the insurance or if he does not wish to accept renewal at a new rate or on new conditions, he must notify the insurer of this no later than 14 days prior to expiry of the insurance period.

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    Clause 17-2. Renewal of the insurance/Ref. Clause 1-5

    The non-mandatory rule in the Norwegian Insurance Contracts Act (ICA) Section 3-6 concerning automatic renewal has been departed from in Cl. 1-5, sub-clause 3, of the Plan, which establishes that the insurance is not renewed unless this has been specifically agreed. Many of the persons effecting...

  • Clause 17-3. Trading areas for fishing vessels/Ref. Clause 3-15

    Unless otherwise provided in the insurance contract, insurance of fishing vessels shall be subject to the limitations that follow from Point III of the Appendix to the Plan, Trading areas applicable to insurance of fishing vessels pursuant to Chapter 17.

    If a vessel proceeds beyond the trading areas pursuant to sub-clause 1, Cl. 3-15, sub-clause 5, shall apply correspondingly.

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    Clause 17-3. Trading areas for fishing vessels/Ref. Clause 3-15

    The consequence of the rules relating to trading areas being placed in Section 1 is that they automatically become applicable to all three types of insurance, hull, equipment and liability insurance. The basic rule for vessels insured under Chapter 17 is that the trading areas are as indicated in...

  • Clause 17-4. Classification and ship control/Ref. Clause 3-14 and Clause 3-8

    If the vessel at the start of the insurance period is classified with a classification society approved by the insurer, Cl. 3-14 and Cl. 3-8, sub-clause 2, shall apply.

    Vessels not ascribed to any class shall at the start of the insurance period have a valid certificate in accordance with the rules of the vessel´s flag state. Expiry of a valid certificate is considered equivalent to loss of class,
    cf. Cl. 3-14.

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    Clause 17-4. Class and ship control/Ref. Clause 3-14 and Clause 3-8

    Sub-clause 2 was amended in the 2013 Plan. Cl. 3-14 of the Plan is based on the assumption that the vessel is in class and establishes that the insurance will automatically lapse in the event of loss of class. Change of classification society is deemed to be an alteration of the risk, cf. Cl. 3-8...

  • Clause 17-5. Safety regulations/Ref. Clause 3-22 and Clause 3-25

    The following special safety regulations shall apply, cf. Cl. 3-25, sub-clause 2:

    • The vessel shall not force ice.
    • If the vessel has a trading certificate, the provisions in the certificate shall constitute special safety regulations.
    • When the vessel is at quay or laid up, the assured shall secure the vessel and equipment and arrange for daily supervision of the vessel and its moorings. Accessories, equipment, catch or cargo shall be locked away, or fixed or bolted to the vessel so that they cannot be removed without the use of tools.
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    Clause 17-5. Safety regulations/Ref. Clause 3-22 and Clause 3-25

    Section 7, sub-clause 1, of the Norwegian Ship Safety Act No. 9 of 15 February 2007 reads as follows in English translation:  “The operator of the ship shall ensure that a safety management system which can be documented and verified is established, implemented and developed in his organisation a...

  • Clause 17-6. Savings to the assured

    If the assured as a result of a casualty or liability covered by the insurance has received additional income, saved expenses or averted liability which he would otherwise have incurred and which would not have been covered by the insurer, the latter may deduct from the compensation an amount equivalent to the advantage gained.

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    Clause 17-6. Savings to the assured

    The provision is taken from the P&I conditions in the 1964 Plan, but contains a general principle of insurance law and has therefore been generalised.