ANALYSIS OF

CLAUSES

BY VICTOR DOVER, F.CI I.

SUPPLEMENT TO ANALYSIS OF CLAUSES.

In the preceding pages will be found (i.) new Institute Clauses issued since 1st January, 1925, and (ii) revised clauses as amended by the Technical Committee and issued for general purposes on 1st July, 1925. The following notes have been prepared in order to bring the Analysis of Clauses" up-to-date in the light of these developments.

A feature of all amended large size clauses is that, in order to facilitate reference to any part of any clause, each printed line has been numbered consecutively. As the Reference Book of Marine Insurance Clauses (Pocket Edition) is specially set up in a convenient size, it is not possible therein to follow this system of numbering, but the clauses issued for insertion in the large edition of the Reference Book will be found to have been dealt with in the manner indicated.

p. 1

p. 173

One alteration of importance has been made. On p. 3 Clauses 20 and 21 have been combined in one clause, numbered 20, by the use of the conjunction "and." This naturally disturbs the numbering of the succeeding clauses, e.g., old No. 22 becomes No. 21, and so on. The effect of the alteration in question is to remove an ambiguity in the old clauses. Thus on p. 177 of the Analysis appears the following: "In default of compliance amount of claim." This penalty is now clearly applied in respect of non-compliance with the Survey and veto" clause ("notice" clause) as well as with the 66 Tender "clause.

66

INSTITUTE TIME CLAUSES-HULLS.

Clause Reference
Analysis

The alteration made is as observed above, clauses Nos. 20 and 21 on p. 7 being combined under No. 20 and so on.

Clause Reference

Analysis

INSTITUTE TIME CLAUSES-HULLS (INTERNAL COMBUSTION

...

Clause Reference

Analysis

p.

9

p. 183

A similar alteration to the above, clauses Nos. 21 and 22 on p. 14 now be embraced as No. 21, and so

on.

ENGINES).

INSTITUTE VOYAGE CLAUSES-HULLS.

...

Clause Reference

Analysis

...

EXCESS OF 3% P/A.

p. 5

p. 181

Clauses Nos. 14 and 15 on p. 10 become one clause under No. 14 as previously noted.

By reference to the Index of the Small Clause Book, it will be found that these are the only set of clauses in which both the "notice" and "tender" clauses appear.

INSTITUTE CLAUSES FOR BUILDERS' RISKS.

p. 22

p. 187

p. 9

p. 181

...

A number of alterations have been made in this set of clauses.

"Foreign General Average" clause (No. 7 on p. 22). This has been entirely re-cast. The law and practice obtaining at the place where the adventure ends is made to govern the adjustment of general average as if the contract of

affreightment contained no special terms on the matter, subject, however, to recognition of the validity of a requirement in the affreightment contract that adjustment be in accordance with the York-Antwerp Rules, 1890, omitting in the case of wood cargoes the first word "No" of Rule I., or YorkAntwerp Rules, 1924. As before a "sister ship reference in respect of salvage, etc., is embraced in the clause, the wording in this connection remaining unchanged.

Collision clause. Clauses Nos. 14 to 16 of the old clauses, pp. 23 and 24 of the Clause Book, are now all included as No. 14.

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Protection and Indemnity clause (Nos. 17 and 18 of the old numbering on p. 22, now numbered 15). This is altered materially. The words " or boat in the second paragraph are now omitted from both places where they previously appeared. In the sixth paragraph the words "but excluding loss of life and personal injury are now italicised, and the concluding words "and matters expressly excluded from any of the above clauses" have been deleted.

The subject of "unlimited liability " under the old P. & I. clause has been completely determined. By the new clause the amount recoverable in respect of any one accident or series of accidents arising out of the same event is limited to the sum insured. Consent of two-thirds majority (in amount) of the underwriters is now necessary before contesting, at insurer's expense, P. & I. liabilities. The exclusion of Employers' liability risks previously printed as a footnote to the clauses has been lifted into the body of the P. & I. clause, the words "Notwithstanding the foregoing, this Policy is " being prefixed.