The Plan

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Section 6. Identification

  • Clause 3-36. Identification of the assured with his servants

    The insurer may not invoke against the assured faults or negligence committed by the ship's master or crew in connection with their service as seamen.

    The insurer may invoke against the assured faults and negligence committed by any organisation or individual to whom the assured has delegated decision-making authority concerning functions of material significance for the insurance, provided that the fault or negligence occurs in connection with the performance of those functions.

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    Clause 3-36. Identification of the assured with his servants

    This Clause corresponds to Cl. 59 and Cl. 61 of the 1964 Plan. The Commentary on the first sub-clause was amended in the 2010 version. Sub-clause 1 sets out the important principle that there shall be no identification with the master or crew in respect of faults or negligence committed "in their...

  • Clause 3-37. Identification of two or more assureds with each other and of the assured with a co-owner

    The insurer may not invoke against the assured faults or negligence committed by another assured or a co-owner of the insured ship, or anyone with whom they may be identified under Cl. 3-36, sub-clause 2, unless the relevant assured or co-owner has overall decision-making authority for the operation of the ship.

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    Clause 3-37. Identification of two or more assureds with each other and of the assured with a co-owner

    This Clause corresponds to Cl. 60, Cl. 129 and Cl. 134, sub-clause 2 of the 1964 Plan. The provision regulates faults and negligence committed by the assured or co-owners of the insured ship and, to a certain extent, brings together and expands on Cl. 60, Cl. 129 and Cl. 134, sub-clause 2 of the...

  • Clause 3-38. Identification of the assured with the person effecting the insurance

    The insurer may invoke against the assured faults or negligence committed by the person effecting the insurance.

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    Clause 3-38. Identification of the assured with the person effecting the insurance

    As mentioned earlier, the 1964 Plan contained no rules on identification between the person effecting the insurance and the assured. However, the system of the Plan did provide that there was to be full identification between the person effecting the insurance and the assured, an approach that ha...