P&I (CLASS 3) / PART III / RULE 19 RISKS COVERED / 19.4 Injury to, Illness of or Death of Third Parties

Compensation and damages for which the Member is liable which are payable by reason of personal injury to, illness of or death of any person, other than a Seafarer or Passenger, and the diversion expenses specified in Rule 19.6 Diversion Expenses associated with the said injury, illness or death.

Provided always that:

19.4.1 cover under this Rule 19.4 is limited to liabilities, costs and expenses arising out of a negligent act or omission on board or in relation to the operation of the Entered Ship, or in relation to the handling of its cargo from the time of receipt of that cargo at the port of shipment until delivery of that cargo at the port of discharge; and

19.4.2 the Member shall take all appropriate steps permitted by law to recover such liabilities, costs and expenses from any other person or insurer concerned with such third party; and

19.4.3 there shall be no recovery under this Rule 19.4:

19.4.3.1 unless the Managers have (except in the case of a relative of a Seafarer) approved of the presence of the third party to travel on board the Entered Ship and the terms and conditions on which the third party is carried, and the Member has paid or agreed to pay such additional Call or premium as may be required by the Association; or

19.4.3.2 in respect of personnel (other than marine crew) employed otherwise than by the Member where the Entered Ship is providing accommodation to such personnel in relation to their employment on an oil or gas production or exploration facility, unless there has been a contractual allocation of risks as between the Member and the employer of the said personnel which has been approved by the Association (see Rule 19.15 Contracts of Indemnity or Guarantee); or

19.4.3.3 in respect of hotel, restaurant, bar or other guests or visitors and catering crew on board the Entered Ship when moored (other than on a temporary basis) and open to the public as a hotel, restaurant, bar or other place of entertainment.