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Section 5-4: Total loss

  • 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.

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    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.

  • 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 captured by pirates or taken away from the assured by similar unlawful interventions for which the insurer is liable under Cl. 2-9, the assured may claim for a total loss if the MOU has not been recovered within twelve months from the day the intervention took place.

    If it has been established before expiry of the time-limits in sub-clauses 1 and 2 that the assured will not recover the MOU, he may immediately claim for a total loss.

    If the assured has brought a claim for a total loss and the time-limits stipulated have expired, it is irrelevant for the assured's claim that the MOU is released at a later time.

    Cl. 18-15 and Cl. 18-16 shall apply correspondingly.

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    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.

  • 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.

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    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.

  • 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.

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    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.