Loss of Hire 1983

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LPO 455
Loss of Charter Hire Insurance
Excluding War

(ABS 1/10/83 Wording)

This insurance is subject to English law and practice

1. If in consequence of any of the following events:


(a) loss, damage or occurrence covered by Institute Time Clauses-Hulls (1 /10/83) or Norwegian Hull Form or
American Institute Hull Clauses (2nd June 1977),
(Option of clause to be exercised at inception)
(b) breakdown of machinery, including electrical machinery or boilers, provided that such breakdown has not
resulted from wear and tear or want of due diligence by the Assured,
occurring during the period of this insurance the Vessel is prevented from earning hire for a period in excess of
………… days in respect of any accident, then this insurance shall pay ………….. of the sum hereby insured for each
24 hours after the expiration of the said days during which the Vessel is so prevented from earning hire for not
exceeding a further ……………… days in respect of any one accident or occurrence (and not exceeding …………..
days in all during the currency of this Insurance (irrespective of the expiry date of this insurance)), provided that the
repairs in respect of which a claim is made hereunder are completed within 12 months of the expiry of the period
covered by this insurance.

2. No claim to attach to this insurance if the occurrence in respect of which such claim arises is the cause of the
vessel becoming a Total Loss (Actual or Constructive).

3. In all cases where a recovery is obtained from third parties in respect of loss of earnings or demurrage such
recovery shall be apportioned between the Assured and the Underwriters as their respective interests may
appear.

4. Subject to current Institute Trading Warranties.

5. Held covered in case of any breach of warranty as to cargo, trade, locality, towage, salvage services or date of
sailing, provided notice be given to the Underwriters immediately after receipt of advices and any amended
terms of cover and any additional premium required by them be agreed.

6. The expression 'one accident' shall be deemed to include all heavy weather damage occurring during a single
sea passage between two successive ports as defined in Clause 12.2 of Institute Time Clauses-Hulls (1/10/83).

7. If this insurance attaches or expires during a passage as defined above heavy weather damage occurring on the
same passage but outside the period covered by this insurance may be added for the purpose of calculating the
loss provided the damage sustained during the period covered hereunder has not been repaired during the
passage, but only the proportion of the loss arising from damage occurring during the currency of this
insurance shall be payable hereunder.

8. It is understood and agreed that if the Vessel is prevented from earning hire on separate occasions, which shall
not in any event exceed three, in respect of any one accident or occurrence falling within this insurance, for the
purpose of ascertaining the amount claimable hereunder the total time that the Vessel is off hire shall be taken
into account, provided that the repairs are completed within 12 months of the expiry of this insurance.

9. Should the Vessel at the expiration of this insurance be at sea or in distress, or at port of refuge or of call, she
shall, provided previous notice be given to the Underwriters, be held covered at a pro rata daily premium to her
port of destination.

10. In the event of the Vessel named herein being sold or unchartered, other than by reason of Total or
Constructive Total Loss of Vessel, this insurance is automatically cancelled. In such event Underwriters agree to
return pro rata nett monthly premium, provided there are no claims on the Vessel during the currency of
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the insurance prior to cancellation. In no other event shall there be any return of premium. This clause shall
prevail notwithstanding any provisions whether written, typed or printed in the insurance inconsistent
therewith unless especially agreed by Underwriters.

11. Unless the Underwriters agree to the contrary in writing, this insurance shall terminate automatically at the
time of change of the Classification Society of the Vessel, or change, suspension, discontinuance, withdrawal or
expiry of her Class therein, provided that if the Vessel is at sea such automatic termination shall be deferred
until arrival at her next port. However where such change, suspension, discontinuance or withdrawal of her
Class has resulted from loss or damage covered by Clause I of this insurance or which would be covered by an
insurance of the Vessel subject to current Institute War and Strikes Clauses Hulls-Time such automatic
termination shall only operate should the Vessel sail from her next port without the prior approval of the
Classification Society.

12. The Assured shall effect, or cause to be effected, all repairs (temporary or permanent) with due diligence and
dispatch. Underwriters to have the right to require the Assured to incur any expense which would reduce
Underwriters' liability under this insurance provided such expense is for Underwriters' account.

13. In no case shall this insurance cover loss damage liability or expense caused by
13.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile act by or
against a belligerent power.
13.2 capture seizure arrest restraint or detainment (barratry and piracy excepted), and the consequences
thereof or any attempt thereat
13.3 derelict mines torpedoes bombs or other derelict weapons of war.

14. In no case shall this insurance cover loss damage liability or expense caused by
14.1 strikers, locked-out workmen, or persons taking part in labour disturbances, riots or civil commotions
14.2 any terrorist or any person acting from a political motive.

15. In no case shall this insurance cover loss damage liability or expense arising from
15.1 the detonation of an explosive
15.2 any weapon of war
and caused by any person acting maliciously or from a political motive.

16. In no case shall this insurance cover loss damage liability or expense arising from any weapon of war employing
atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.

L.P.O. 455
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LPO 454
Loss of Charter Hire Insurance
Including War

(ABS 1/10/83 Wording)

This insurance is subject to English law and practice

1. If in consequence of any of the following events:


(a) loss, damage or occurrence covered by Institute Time Clauses-Hulls (1/10/83) or Norwegian Hull Form or
American Institute Hull Clauses (2nd June 1977) and also loss damage or occurrence covered by Institute
War and Strikes Clauses-Hulls (1/10/83) or American Institute Hull War and Strikes Clauses (1/12/77) plus
Addenda 1 and 2, (Option of clause to be exercised at inception)
(b) breakdown of machinery, including electrical machinery or boilers, provided that such breakdown has not
resulted from wear and tear or want of due diligence by the Assured,
occurring during the period of this insurance the Vessel is prevented from earning hire for a period in excess of
…………………days in respect of any accident, then this insurance shall pay …………. of the sum hereby insured
for each 24 hours after the expiration of the said days during which the Vessel is so prevented from earning hire
for not exceeding a further ………….. days in respect of any one accident or occurrence (and not exceeding
……………. days in all during the currency of this Insurance (irrespective of the expiry date of this insurance))
provided that the repairs in respect of which a claim is made hereunder are completed within 12 months of the
expiry of the period covered by this policy.

2. No claim to attach to this insurance if the occurrence in respect of which such claim arises is the cause of the
vessel becoming a Total Loss (Actual or Constructive).

3. In all cases where a recovery is obtained from third parties in respect of loss of earnings or demurrage such
recovery shall be apportioned between the Assured and the Underwriters as their respective interests may
appear.

4. Subject to current Institute Trading Warranties and, in respect of War risks, subject to current London Market
War Risk Trading Warranties.

5. Held covered in case of any breach of warranty as to cargo, trade, locality, towage, salvage services or date of
sailing, provided notice be given to the Underwriters immediately after receipt of advices and any amended
terms of cover and any additional premium required by them be agreed.

6. The expression 'one accident' shall be deemed to include all heavy weather damage occurring during a single
seappassage between two successive ports as defined in Clause 12.2 of Institute Time Clauses-Hulls (1/10/83).

7. If this insurance attaches or expires during a passage as defined above heavy weather damage occurring on the
same passage but outside the period covered by this insurance may be added for the purpose of calculating the
loss provided the damage sustained during the period covered hereunder has not been repaired during the
passage, but only the proportion of the loss arising from damage occurring during the currency of this
insurance shall be payable hereunder.

8. It is understood and agreed that if the Vessel is prevented from earning hire on separate occasions, which shall
not in any event exceed three, in respect of any one accident or occurrence falling within this insurance, for the
purpose of ascertaining the amount claimable hereunder the total time that the Vessel is off hire shall be taken
into account, provided that the repairs are completed within 12 months of the expiry of this insurance.

9. Should the Vessel at the expiration of this insurance be at sea or in distress, or at port of refuge or of call, she
shall, provided previous notice be given to the Underwriters, be held covered at a pro rata daily premium to her
port of destination, but in no event shall such extension affect or postpone the operation of the Institute
Notice of Cancellation and Automatic Termination of Cover Clause for War.
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10. In the event of the Vessel named herein being sold or unchartered, other than by reason of Total or
Constructive Total Loss of Vessel, this insurance is automatically cancelled. In such event Underwriters agree to
return pro rata nett monthly premium, provided there are no claims on the Vessel during the currency of the
insurance prior to cancellation. In no other event shall there be any return of premium (except as provided
under Clause 14.3 below).
This clause shall prevail notwithstanding any provisions whether written, typed or printed in the insurance
inconsistent therewith unless especially agreed by Underwriters.

11. Unless the Underwriters agree to the contrary in writing, this insurance shall terminate automatically at the
time of change of the Classification Society of the Vessel, or change, suspension, discontinuance, withdrawal or
expiry of her Class therein, provided that if the Vessel is at sea such automatic termination shall be deferred
until arrival at her next port. However where such change, suspension, discontinuance or withdrawal of her
Class has resulted from loss or damage covered by Clause I of this insurance such automatic termination shall
only operate should the Vessel sail from her next port without the prior approval of the Classification Society.

12. The Assured shall effect, or cause to be effected, all repairs (temporary or permanent) with due diligence and
dispatch. Underwriters to have the right to require the Assured to incur any expense which would reduce
Underwriters' liability under this insurance provided such expense is for Underwriters' account.

13. This insurance excludes:


13.1 loss damage liability or expense arising from
13.1.1 any detonation of any weapon of war employing atomic or nuclear fission and/or fusion or other like
reaction or radioactive force or matter, hereinafter called a nuclear weapon of war
13.1.2 the outbreak of war (whether there be a declaration of war or not) between any of the following countries:
United Kingdom, United States of America, France, the Union of Soviet Socialist Republics, the
People's Republic of China
13.1.3 requisition or pre-emption
13.1.4 capture seizure arrest restraint detainment confiscation or expropriation by or under the order of the
Government or any public or local authority of the country in which the Vessel is owned or registered
13.1.5 arrest restraint detainment confiscation or expropriation under quarantine regulations or by reason of
infringement of any customs or trading regulations
13.1.6 the operation of ordinary judicial process, failure to provide security or to pay any fine or penalty or any
financial cause
13.2 any claim for any sum recoverable under any other insurance on the Vessel or which would be recoverable
under such insurance but for the existence of this insurance
13.3 any claim for expenses arising from delay except such expenses as would be recoverable in principle in English
law and practice under the York-Antwerp Rules 1974.

14. 14.1 Cover hereunder in respect of the risks of war, etc., may be cancelled by either the Underwriters or the
Assured giving 7 days notice (such cancellation becoming effective on the expiry of 7 days from midnight of the
day on which notice of cancellation is issued by or to the Underwriters). The Underwriters agree however to
reinstate cover subject to agreement between the Underwriters and the Assured prior to the expiry of such
notice of cancellation as to new rate of premium and/or conditions and/or warranties.
14.2 Whether or not such notice of cancellation has been given cover hereunder in respect of the risks of War,
etc., shall TERMINATE AUTOMATICALLY
14.2.1 upon the occurrence of any hostile detonation of any nuclear weapon of war as defined in Clause 13.1.1
wheresoever or whensoever such detonation may occur and whether or not the Vessel may be involved
14.2.2 upon the outbreak of war (whether there be a declaration of war or not) between any of the following
countries:
United Kingdom, United States of America, France, the Union of Soviet Socialist Republics, the
People's Republic of China
14.2.3 in the event of the Vessel being requisitioned, either for title or use.
14.3 In the event either of cancellation by notice or of automatic termination of this insurance by reason of the
operation of this Clause 14, pro rata net return of premium shall be payable to the Assured.
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15. Cover in respect of the risks of war, etc., shall not become effective if, subsequent to acceptance by the
Underwriters and prior to the intended time of attachment of risk, there has occurred any event which would have
automatically terminated cover under the provisions of this clause.

L.P.O. 454

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