Section 4 - NordicPlan

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Section 4: Measures to avert or minimise loss, etc.

  • Clause 3-29. Duty of the assured to notify the insurer of a casualty

    If a casualty threatens to occur or has occurred, the assured shall, without undue delay, notify the insurer and keep him informed about further developments.

    The assured and the master are required to notify the insurer of maritime inquiries and surveys which are to be held in connection with the casualty.

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    Clause 3-29. Duty of the assured to notify the insurer of a casualty

    This Clause is identical to Cl. 52 of the 1964 Plan and corresponds to relevant Nordic Insurance Contracts Acts (Nordic ICAs). Under sub-clause 1 , the insured has a duty to inform the insurer when a "casualty threatens to occur or has occurred". The rule corresponds to Nordic ICAs, but the duty ...

  • Clause 3-30. Duty of the assured to avert and minimise loss

    If a casualty threatens to occur or has occurred, the assured shall do what may reasonably be expected of him in order to avert or minimise the loss. If possible, he shall consult the insurer before taking any action.

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    Clause 3-30. Duty of the assured to avert and minimise loss

    This Clause corresponds to Cl. 53 of the 1964 Plan and the relevant Nordic Insurance Contracts Acts (Nordic ICAs). The first sentence imposes on the assured a duty to avert or minimise the loss, while the second sentence requires the assured to consult with the insurer. The provision corresponds ...

  • Clause 3-31. Consequences of the assured neglecting his duties

    If the assured, intentionally or through gross negligence, fails to fulfil his duties under Cl. 3-29 or Cl. 3-30, the insurer shall not be liable for a greater loss than that for which he would have been liable if the duty had been fulfilled.

    The same applies if the master neglects his duties under Cl. 3-29.

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    Clause 3-31. Consequences of the insured neglecting his duties

    This Clause corresponds to Cl. 54 of the 1964 Plan and the relevant Nordic Insurance Contracts Acts (Nordic ICAs). If the assured neglects his duty to report a casualty under Cl. 3-29 or implement measures to avert or minimise the loss under Cl. 3-30, the insurer shall be free from liability for...