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P&I (CLASS 3) / PART III / RULE 19 RISKS COVERED / 19.1 Seafarers
Liabilities which a Member may incur, together with costs and expenses incidental thereto, in respect of Seafarers. The following shall be recoverable:
19.1.1 Injury, illness or death
Medical, hospital, funeral and other expenses necessarily incurred and wages, maintenance, compensation and damages payable by reason of the personal injury to, illness of or death of a Seafarer.
Notwithstanding the provisos to Rule 5.1 Right of Recovery, where a Member has failed to discharge or pay a liability for wages, maintenance, compensation or damages for the personal injury to, illness of or death of a Seafarer, the Association shall discharge or pay such liability on the Member’s behalf directly to such Seafarer or dependant thereof.
Provided always that:
19.1.1.1 the Seafarer or dependant has no enforceable right of recovery from any other party and otherwise would be uncompensated;
19.1.1.2 subject to Rule 19.1.1.3 below, the Association shall in no circumstances be liable for any sum in excess of the amount which the Member would have been able to recover from the Association under these Rules and the Member’s terms and conditions of entry;
19.1.1.3 where the Association is under no liability in respect of the claim by virtue of Rules 33.1 Failure to Pay and 35.1 Cesser for Failure to Pay, the Association shall nevertheless discharge or pay the claim to the extent that it arises from an event occurring prior to the cesser of the insurance, but only as agent of the Member and the Member shall reimburse the Association in full.
19.1.2 Shipwreck unemployment indemnity
Wages payable to a Seafarer during unemployment in consequence of the wreck or loss of an Entered Ship and other payments made to Seafarers in consequence of such wreck or loss under statutory obligation.
Provided always that:
19.1.2.1 any such wages and other payments which exceed two months’ basic wages shall not be recoverable from the Association.
19.1.3 Loss of effects
Compensation in respect of loss of or damage to the Personal Effects of a Seafarer or a relative of a Seafarer while on board the Entered Ship.
19.1.4 Substitutes
Expenses necessarily incurred in providing a substitute for a Seafarer who is unfit for duty, or has been left behind for any reason, where liability for such expenses could not reasonably have been avoided.
Provided always that:
19.1.4.1 wages shall only be recoverable as part of the said expenses when the Member is legally obliged to pay wages to two Seafarers simultaneously for the same job and is unable to recover such double wages from any other source.
19.1.5 Distressed seafarers, deserters and strikers
Expenses incurred by or chargeable to a Member under statutory obligation in respect of a distressed Seafarer or Seafarers who desert or go on strike, where such expenses are not recoverable under any other part of this Rule 19.1 and where such expenses cannot be recovered from the Seafarer.
19.1.6 Diversion
Diversion expenses associated with liabilities covered under this Rule 19.1 which are payable in accordance with Rule 19.6 Diversion Expenses.
19.1.7 Repatriation
Repatriation expenses associated with liabilities covered under this Rule 19.1 which are payable in accordance with Rule 19.7 Repatriation.
19.1.8 Collective and special agreements
The liabilities, costs and expenses insured under this Rule 19.1 may be extended to include those for which a Member may be liable under collective or special agreements which have received the prior approval of the Managers.
19.1.8.1 However there shall be no recovery under this Rule 19.1.8 arising out of a Member’s liability under a contract of indemnity or guarantee between the Member and a third party (see Rule 19.15 Contracts of Indemnity or Guarantee).
19.1.9 PROVIDED ALWAYS THAT:
19.1.9.1 There shall be no recovery under this Rule 19.1 in respect of liabilities, costs or expenses:
19.1.9.1.1 which arise as a result of the termination of an agreement of service in accordance with the terms thereof, or by mutual consent, or from any other discretionary act of the Member, or from the sale of an Entered Ship; or
19.1.9.1.2 in respect of Seafarers employed as catering staff on board the Entered Ship when moored (otherwise than on a temporary basis) and open to the public as a hotel, restaurant, bar or other place of entertainment.