The Nordic Marine Insurance Plan of 2013, Version 2016
Based on the Norwegian Marine Insurance Plan of 1996, Version 2010
The basis for the Nordic Marine Insurance Plan of 2013 is the Agreement of 3 November 2010 (amended 16 April 2013) between:
The Nordic Association of Marine Insurers (Cefor)
the Danish Shipowners’ Association,
the Finnish Shipowners’ Association,
the Norwegian Shipowners’ Association, and
the Swedish Shipowners’ Association.
The Agreement states that the name of this document shall be “The Nordic Marine Insurance Plan of 2013” with the following subtitle; “based on the Norwegian Marine Insurance Plan of 1996, Version 2010” (hereinafter “the Plan”).
The Agreement established a permanent Standing Revision Committee (SRC) for the purpose of drafting the Plan. The Parties to the Agreement may propose changes to the Plan. If the members agree that changes should be made, the SRC shall draft amendments to the Plan text and Commentary in English.
The following members of the SRC have been working on the 2016 Version of the Plan:
Trine-Lise Wilhelmsen, Professor, LL.D, Director of Scandinavian Institute of Maritime Law
Hans Jacob Bull, Professor Emeritus, Scandinavian Institute of Maritime Law (January – May 2015)
Kaja de Vibe Malling, PhD Research Fellow, Scandinavian Institute of Maritime Law
The Nordic Association of Marine Insurers (Cefor)
Haakon Stang Lund, Legal Counsel, Norwegian Hull Club
Johan Kahlmeter, Head of Claims - Marine, Team Gothenburg, The Swedish Club
Olli Kytö, Director, Alandia Insurance
Sveinung Måkestad, Vice President, Gard
Hanne Rydelsborg, Senior Claims Handler, Codan Marine
Roar Sanden, Lawyer & Director Adjusting, Norwegian Hull Club
Nicolas Wilmot, Special Advisor, Gard (attending deputy)
Jan-Hugo Marthinsen, Vice President, Gard (Chapter 18 amendments)
Nordic Shipowners’ Associations
Karoline Bøhler, Attorney-at-Law, Insurance and CSR Manager, Norwegian Shipowners’ Association
Bjarte Thorsen, Senior Vice President, Kristian Gerhard Jebsen Skipsrederi
Hogne Nesse, Head of Department, Insurance/Claims, Høegh Autoliners
Örjan Karlsson, Manager Marine Insurance, Stena Rederi
Elsebeth Grosmann-Huang, Senior Executive, Insurance & Claims, J. Lauritzen
Tapani Voionmaa, Executive Vice President, Finnlines
Marthe Romskoug, General Manager, Wilhelmsen Insurance Services (attending deputy)
Frode Berg, Claims Director, Willis (Chapter 18 amendments)
Nordic Average Adjusters
Bjørn Slaatten, Average Adjuster
The SRC decided that amendments to the text of the Plan and the Commentary in relation to the Nordic Marine Insurance Plan of 2013 should be shown in the text and highlighted in the preface.
The SRC has adopted the following amendments for incorporation into the Plan Version 2016:
- The term “policy” is replaced with the term “insurance contract” in the text and the Commentary where the term is referring to the whole insurance contract and not only the individual confirmation. This amendment is made in clauses 4-8, 5-3, 8-2, 12-15, 12-16, 12-18, 13-4, 14-1, 14-2, 15-3, 15-15, 16-4, 16-6, 16-7, 16-12, 17-1, 17-3, 17-15, 17-18, 17-28, 17-31, 17-34, 17-55, 18-1, 18-32, 18-33, 18-38, 18-39, 18-40, 18-46, 18-48, 18-49, 18-54, 19-2, 19-5, 19-8, 19-9, 19-10, 19-25 and 19-26.
- Clause 1-1: The Norwegian translation of the terms “the insurer”, “the person effecting the insurance” and “the assured” in letters (a)-(c) are deleted. Further definitions of the terms “loss” and “particular loss” in letters (d) and (e) are deleted. The new letter (d) defines the “broker” as the entity that is instructed by the person effecting the insurance to act as an intermediary between the person effecting the insurance and the insurer.
- Clause 1-2: Sub-clause 1, first sentence is editorially amended. The word “require” is replaced with “demand”.
- Clause 1-3: Sub-clause 1 is rewritten based on the new definition of ”broker” in Cl. 1-1, letter (d). The new sub-clause 1 replaces the former sub-clauses 1 and 2. In sub-clause 2 (former sub-clause 3), first sentence, the word “requires” is replaced with “demands”. New sub-clauses 3 and 4 are added. Sub-clause 3 gives the broker authority to receive premium returns or claims settlements. Sub-clause 4 applies to premium payments. It states that the person effecting the insurance may pay the premium due to the insurer through a broker, but it shall not be deemed paid until received by the insurer.
- Clause 2-2: A new sub-clause 1, second sentence, states that the parties may fix the insurable value at a certain amount by agreement, hereinafter referred to as “agreed insurable value”, cf. Cl. 2-3. Based on this amendment, the term “assessed” is replaced with “agreed” in the text and the Commentary where the term is referring to insurable value. This amendment is made in clauses 2-3, 10-12, 12-7, 12-8, 12-11, 12-12, 14-1, 14-4, 17-8, 18-7, 18-42.
The new sub-clause 2 states that the sum or sums insured in the contract shall be deemed to constitute agreed insurable value(s) unless the circumstances clearly indicate otherwise.
- Clause 2-3: The first part of the first sentence is deleted and editorial amendments are made as a consequence of the amendments in Cl. 2-2.
- Clause 2-17: This new Clause corresponds to the Cefor Sanction Limitation and Exclusion Clause of 2014.
- Clause 3-15: Sub-clause 2, second sentence, now provides that if the insurer should give his consent subject to compliance with other conditions aiming at preventing loss, such conditions shall constitute safety regulations, cf. Cl. 3-22 and Cl. 3-25, sub-clause 1. A new sub-clause 3, third sentence, imposes a further reduction of claims arising out of ice damage where the assured has failed to notify the insurer that the vessel has entered a conditional trading area in accordance with sub-clause 1, second sentence, and the damage is a result of the assured’s failure to exercise due care and diligence. Sub-clause 4 is new and states that the insurance remains in full force and effect if the assured has given notice in accordance with sub-clause 1 but always provided that he complies with the conditions, if any, stipulated by the insurer. In sub-clause 5, first sentence, the word “permission” is replaced with “his consent”.
- Clause 3-22: Sub-clause 3 is amended. The previous rule concerning the effect of ice class is deleted. Further, a new rule imposes a duty of the assured to ensure that the Safety Management System “includes instructions and procedures for the use and monitoring of lubricating oil, cooling water and boiler feed water.” This rule replaces the previous exclusion in Cl. 12-5 letter (f) for liability for loss due to lubricating oil, cooling water or feed water becoming contaminated.
- Clause 3-25: Sub-clause 2, second sentence, referring to periodic surveys is deleted.
- Clause 5-6: The time limit is amended from six to four weeks.
- Clause 8-1: Former sub-clause 1 is rewritten. The last part of the sub-clause is added and the identification provision previously found in the sub-clause is moved to Cl. 8-3, sub-clause 3. Former sub-clause 2 that contained references to Cl. 7-3, sub-clause 1, and to Cl. 7-4, sub-clause 6, is deleted. The first reference is replaced with the new Cl. 8-5.
- Clause 8-2: Cl. 8-2 is deleted and replaced with a new Clause regarding protection of third parties against subrogation claims from the insurer.
- Clause 8-3: This Clause on application of the rules in Chapter 3 and Cl. 5-1 is new. Sub-clause 1 is identical to the deleted Cl. 8-2, sub-clause 1, whereas the deleted Cl. 8-2, sub-clause 2, is not repeated. Sub-clause 3 corresponds to the identification clause found in Cl. 8-1 in fine in the 2013 Version.
- Clause 8-4: This Clause corresponds to Cl. 8-3 in the 2013 Version. It has not been amended in substance, but the words “any co-insured third party” has been replaced by the words “the co-insured third party”.
- Clause 8-5: This Clause regarding handling of claims, claims adjustment, etc. is new. It corresponds to the provision found in Cl. 8-1, sub-clause 2, of the 2013 Version, which contained a reference to Cl. 7-3, sub-clause 1.
- Clause 8-6: This Clause is new. The provision prescribes that the insurance is subsidiary to another insurance that the co-insured third party has taken out. Consequently, the insurer shall only be liable to the extent that the co-insured third party has not obtained cover under the other insurance, cf. Cl. 2-6, sub-clause 2.
- Clause 8-7: The Clause corresponds to Cl. 8-4 in the 2013 Version. The title of the Clause has been altered to clarify that it applies both to mortgagees and to named third parties, and there are also certain modifications made in the text itself.
- Clause 9-1: The Norwegian translation of the terms “claims leader” and “co-insurers” in sub-clauses 1 and 2 are deleted.
- Clause 10-1: In sub-clause 2, letter (a), the word “supplies” has been replaced by “provisions”. The reason is that the word “supplies” is too wide and may unintentionally expand the scope of the exception from cover under the hull insurance.
- Clause 12-5: Letter (f) is deleted, ref. the amendments in Cl. 3-22
- Clause 12-14: Second sentence is amended. The words “common expenses which depend on the length of the period of the repairs” is replaced with “dry dock charges and quay rental”.
- Clause 12-15: A new second sentence emphasizing that the ice damage deduction comes in addition to the general deductible under Cl. 12-18, sub-clause 1, is added.
- Clause 15-1: Sub-clause 2 is editorially amended. The word “are” is deleted.
- Clause 15-3: Sub-clause 2, letter (b) is editorially amended. The reference to Cl. 14-1, letter (a) is replaced with letter (b).
- Clause 15-4: Sub-clause 2 is amended. Based on the amendments in Cl. 3-25, the reference to Cl. 3-25, sub-clause 1, is deleted.
- Clause 15-5: The Clause is editorially amended. The word “an” is replaced with “the”.
- Clause 15-7: The Clause is amended by inserting “automatically” instead of “immediately” in order to bring the wording in line with Cl. 15-6.
- Clause 15-8: Sub-clause 1 is amended by adding the words in brackets in the first sentence. The addition is verbatim the same as used in English conditions and clarify when the cancellation takes effect. Sub-clause 2 is rewritten. It now only imposes on the insurer a best endeavour to submit a proposal for continued insurance on new conditions, if relevant, and with a new premium provided that it is practically and commercially possible to continue the war risk insurance.
- Clause 15-22: The Clause is editorially amended by deleting the reference to the deleted Cl. 15-21.
- Clause 16-6: The word “assessed” is replaced with “agreed” corresponding with the amendment to Cl. 2-2 and Cl. 2-3.
- Clause 16-12: Sub-clause 4, first sentence, is editorially amended. A new last sentence is added in order to make it clear that the insurer’s liability in any event is limited to what would be payable in case the category of work for which he is liable had been carried out separately.
- Clause 16-14: The word “assessed” is replaced with “agreed” in sub-clause 2 corresponding with the amendment to Cl. 16-6.
- Clause 17-3: Sub-clause 2 is editorially amended. The reference to Cl. 3-15, sub-clause 3 is replaced with Cl. 3-15, sub-clause 5.
- Clause 17-17: The heading and the Clause is amended to make it applicable for all types of vessels insured under Chapter 17. The amendments are partly editorial. Further, a new sentence defining the term “call” is added.
- Clause 17-35: Sub-clause 2 is amended by adding new letters (d), (e) and (f). These letters are identical to previous sub-clause 3 letters (b), (c) and (a) respectively. Sub-clause 3 has consequently been deleted. The following sentence has been added to new letter (d): "By a call is meant arrival, anchoring, working, discharging, loading and leaving", cf. the corresponding amendments to Cl. 17-17.
- Clause 17-61: The word “assessed” is replaced with “agreed”. The amendment corresponds to the amendment in Cl. 16-6.
- Clause 18-1: Letter (a), sub-clause 1, stated that the sum or sums insured should be deemed to constitute the assessed insurable value(s) unless circumstances indicated otherwise. This provision is made general and moved to Cl. 2-2, sub-clause 2, and thus deleted in Cl. 18-1 letter (a). As a consequence, the remaining sub-clauses are renumbered. Letter (b), sub-clause 2, is new. This provision makes it clear that construction risks insurance pursuant to Section 6 also covers strikes and lockouts in the same way as construction risks covered pursuant to Chapter 19, cf. Cl. 19-1. In letter (e) a new number (3) is added to sub-clause 1 that is relevant for construction risks insurance covered pursuant to Section 6. A corresponding amendment is also made to letter (e), sub-clause 2. Further, letter (h), sub-clauses 1 and 2, regarding the area of operation are amended.
- Clauses 18-48 and 18-56: The word “assessed” is replaced with “agreed”. These amendments correspond to the amendment in Cl. 16-6.
- Clause 18-21: Letter (e) is deleted, ref. the amendments in Cl. 3-22 and Cl. 12-5 (f).
- Clause 18-34: Sub-clause 1 is editorially amended. The reference to Cl. 3-15, sub-clause 2 is replaced with Cl. 3-15, sub-clause 3.
- Chapter 18: Section 5 on war risks is expanded by incorporating all clauses from Chapter 15 amended as appropriate to fit war risks insurance for MOUs. A new Section 6 on construction risks is also added.
- Clause 19-2A: A new Clause regarding premium in the event of total loss is added. The Clause corresponds to Cl. 18-83.
- Clause 19-8: This Clause is editorially amended. The words “any one” are replaced with “each”.
- Clause 19-14: The Clause is amended. In order to bring the text in line with the Commentary a new last sentence is added, stating that Cl. 12-3 shall apply to rebuilding/conversion of the subject-matter insured.
- Clause 19-16: The Clause is editorially amended by changing the reference from Cl. 19-3 to Cl. 19-2.
- Clause 19-17: The Clause is editorially amended inserting a new letter (c).
- Clause 19-21: This Clause is amended to be verbatim the same as Cl. 18-98, sub-clauses 5 and 6. Apart from mere editorial amendments, the only amendment of substance is that the words “contractor or sub-contractor” is added in sub-clause 1 letters (a), (b) and (d).
In connection with the above-mentioned amendments, changes have also been made in the Commentary to the respective clauses. Changes have similarly been made in the Commentary to other clauses in which matters regulated in the amended clauses are mentioned. Furthermore, changes have been made in several places in the Commentary to clauses that have not been amended, and where the SRC has found that the former Commentary was impractical, misleading or could be misunderstood. This applies to the following provisions:
- Clauses 2-8 and 2-9: The Commentaries are amended to remove some of the history and references to the special cover for the Norwegian Shipowners’ Mutual War Risks Insurance Association in Ch. 15.
- Chapter 3, Section 3: The introduction to Section 3 is amended. Further, the Commentaries to Cl. 3-22 and Cl. 3-25 are rewritten to be aligned with the development of safety regulations.
- Clause 5-13: The Commentary to sub-clause 2 is amended. There are new comments and examples regarding allocation of common deductibles between liability and damage, and apportionment of recoveries in this respect.
- Chapter 7: The commentaries to all the clauses as well as the introduction are rewritten.
- Clause 12-1: There are new paragraphs in the Commentary regarding electricity consumption as a common repair expense.
- Chapter 15: The commentaries to most of the clauses in Chapter 15 are amended. All references to the Norwegian Shipowners’ Mutual War Risks Insurance Association’s conditions (previously referred to as Wpol.) are deleted.
When the amendments in the Commentary were made, the explanation of the historical development of the clauses previously contained in the Commentary was also deleted to facilitate the reading and understanding of the Commentary.
However, for clauses where no amendments are made in the Commentary, this historical development is not deleted. In the commentaries to these clauses, references are made to both the Plan in use before the 1996 Plan, the Norwegian Marine Insurance Plan of 1964 (the 1964 Plan), and various insurance conditions and practices. The insurance conditions referred to are the Conditions for Hull Insurance issued by the Central Union of Marine Underwriters (Cefor) and the Mutual Marine Insurers Committee's Premium and Insurance Conditions (PIC). The abbreviation Cefor stands for Cefor Form 246 A Oct. 1995, while PIC means the Mutual Marine Insurers Committee's Premium and Insurance Conditions 1 January 1995.
The language of the Plan and Commentary is English. The Plan will be translated into four of the Nordic languages.
The Plan Version 2016 enters formally into force on 1 January 2016. The amendments are marked in both the printed and web versions of the Plan.
Cefor is the copyright holder and responsible for the printing of the Plan and the publication of the web edition of the Plan and Commentary. The Internet address is www.nordicplan.org. The Plan is also available as an App for smartphones and tablets.
Finally, the Standing Revision Committee wishes to state that the Plan is a set of standard policy conditions and thus purely illustrative. The Plan is not binding to the parties of this agreement. Parties negotiating an insurance contract are completely free to agree upon other insurance conditions or modify any part of the Plan and its clauses.
Oslo, 15 September 2015
Trine-Lise Wilhelmsen, Chair
Hans Jacob Bull, Chair
Kaja de Vibe Malling, Secretary