Clause 5 - Britannia

COMMUNICABLE DISEASE RISKS

Limitation Clause in respect of liability in relation to a Communicable Disease following a Public Health Emergency of International Concern

5.1

In the event that the World Health Organization (‘WHO’) has determined an outbreak of a Communicable Disease to be a Public Health Emergency of International Concern (a Declared Communicable Disease), recovery under this insurance in respect of any loss, damage, liability, cost or expense otherwise recoverable hereunder directly arising from any transmission or alleged transmission of the Declared Communicable Disease shall be limited to the amounts stated in Clause 5.7.

5.2

The limitation in Clause 5.1 shall not apply to any liability of the Assured otherwise covered by this insurance where the liability directly arises from an identified instance of a transmission of a Declared Communicable Disease and where the Assured proves that identified instance of a transmission took place before the date of determination by the WHO of the Declared Communicable Disease.

5.3

However, irrespective of whether the requirements of Clause 5.2 are met, there shall in any event be no recovery from the Association for any:

5.3.1 liability, cost or expense to identify, clean up, detoxify, remove, monitor, or test for the Declared Communicable Disease whether the measures are preventative or remedial;

5.3.2 liability for or loss, cost or expense arising out of any loss of revenue, loss of hire, business interruption, loss of market, delay or any indirect financial loss, howsoever described, as a result of the Declared Communicable Disease;

5.3.3 loss, damage, liability, cost or expense caused by or arising out of fear of or the threat of the Declared Communicable Disease.

5.4

As used in this Clause 5, Communicable Disease means any disease, known or unknown, which can be transmitted by means of any substance or agent from any organism to another organism where:

5.4.1 the substance or agent includes but is not limited to a virus, bacterium, parasite or other organism or any variation or mutation of any of the foregoing, whether deemed living or not, and

5.4.2 the method of transmission, whether direct or indirect, includes but is not limited to human touch or contact, airborne transmission, bodily fluid transmission, transmission to or from or via any solid object or surface or liquid or gas, and

5.4.3 the disease, substance or agent may, acting alone or in conjunction with other co-morbidities, conditions, genetic susceptibilities, or with the human immune system, cause death, illness or bodily harm or temporarily or permanently impair human physical or mental health or adversely affect the value of or safe use of property of any kind.

5.5 Coronavirus Diseases

5.5.1 Recovery under this insurance to which this Clause 5 applies in respect of any loss, damage, liability, cost or expense otherwise recoverable hereunder directly arising from any transmission or alleged transmission of any of the following diseases (hereafter referred to collectively as the Coronavirus Diseases):

5.5.1.1 Coronavirus disease (COVID-19);

5.5.1.2 Severe Acute Respiratory Syndrome Coronavirus 2 (SARS-CoV-2); or

5.5.1.3 any mutation or variation of SARS-CoV-2

shall be limited to the amounts stated in Clause 5.7.

5.5.2 The Coronavirus Diseases shall each be deemed to be a Declared Communicable Disease in accordance with Clauses 5.1 and 5.4 above, and coverage hereunder shall:

5.5.2.1 be irrespective of any determination of the WHO under Clause 5.1;

5.5.2.2 exclude the provisions of Clause 5.2, which shall not apply to this Clause 5.5; and

5.5.2.3 be subject to the exclusions in Clause 5.3.

5.6

This Clause 5 shall not extend this insurance to cover any liability which would not otherwise have been covered under this insurance.

5.7

Recovery from the Association where this Clause 5 applies

5.7.1 shall be limited to:

5.7.1.1 a sublimit of USD5,000,000 (see Clause 5.7.2.1 below); and

5.7.1.2 USD10,000,000 in the annual aggregate per Assured.

5.7.2 For the avoidance of doubt and for the purposes of this Clause 5 only the sublimit and annual aggregate limit in Clause 5.7.1:

5.7.2.1 replace the Limit of Liability stated in the Certificate of Insurance and are not in addition to that Limit of Liability; and

5.7.2.2 shall not serve to increase the amount otherwise recoverable under this insurance.

5.7.3 Recovery from the Association in respect of Communicable Disease Risks limitation Rules and clauses applying to any and all coverages and/or insurances afforded by the Association is limited to USD10,000,000 in the annual aggregate per Assured. For the purposes of Communicable Disease Risks limitation Rules and clauses wherever or however evidenced, ‘Assured’ shall mean any person who is any one or more of the following:

5.7.3.1 a Member insured under the Association’s Rules of Class 3 (whether a Member of The Britannia Steamship Insurance Association Europe (‘Britannia Europe’) or of The Britannia Steamship Insurance Association Limited (‘Britannia (UK)’, or both);

5.7.3.2 a Member insured under the Association’s Rules of Class 6 (whether a Member of Britannia Europe or of Britannia (UK), or both);

5.7.3.3 an Assured insured under the Association’s Charterers’ Liability Insurance;

5.7.3.4 an Assured insured under the Association’s Additional Insurances
as set out in any relevant Certificate of Entry or Certificate of Insurance issued by the Association to such person, including any Joint Member or Co-assured included in such certificate; and ‘annual’ in the term ‘annual aggregate’ shall mean the 12-month period commencing at the inception of the first coverage or insurance to which a Communicable Disease Risks limitation Rule or clause applies on which recovery is made.