FD&D (CLASS 6) / PART I / RULE 2

DEFINITIONS

2 Definitions

In these Rules the following terms shall have the meanings set out below if not inconsistent with the subject or context.

2.1 The Association

The Britannia Steam Ship Insurance Association Europe or The Britannia Steam Ship Insurance Association Limited as named in the Certificate of Entry.

2.2 Associated Company

A person or company affiliated or associated with a Member and to whom the benefit of the cover afforded by the Association to the Member is extended in accordance with Rule 16 Associated Companies.

2.3 The Board

The Directors for the time being of the Association or as the context may require those Directors present at a duly convened meeting of the Board at which a quorum is present.

2.4 Call Rate

In relation to any Entered Ship, the rate at which an Estimated Total Call is payable to the Association in accordance with Rule 11.1 Call Rate.

2.5 Calls

Any monies payable to the Association in respect of an Entered Ship pursuant to Rule 11 Calls.

2.6 Certificate of Entry

A document and any endorsement thereto issued by the Association in accordance with these Rules and the Articles of Association which records the names and seniority of the Members interested in, and evidences the contract of insurance in respect of, an Entered Ship.

2.7 This Class

Class 6 Freight, Demurrage and Defence.

2.8 Closed Policy Year

A Policy Year of the Association which the Board shall have declared to be closed in accordance with Rule 37.1 Closing of Policy Year.

2.9 The Committee

The Representatives for the time being of the Association or as the context may require those Representatives present at a duly convened meeting of the Committee at which a quorum is present.

2.10 Contribution

An Estimated Total Call, Exceptional Call or Fixed Premium levied by the Association pursuant to Rule 7 Special Insurances and Rule 11 Calls.

2.11 Costs

Any legal fees or legal costs, including lawyers’ disbursements, and any other expenses, including survey fees, necessarily incurred in defence or prosecution of a claim.

2.11.1 Provided always that the following shall be excluded:

2.11.1.1 expenses or dues incurred by a Member in the operation of or maintenance of any property; and

2.11.1.2 the salary or retainer of any employee or third party.

2.12 Entered Ship

A Ship which has been entered for insurance in this Class of the Association.

2.13 Entered Tonnage

The tonnage for which a Ship is entered and on which Contribution to the funds of the Association is calculated.

2.14 Fleet Entry

The entry of more than one Ship by one or more Members on the basis that those Ships will be treated together as a fleet for underwriting purposes.

2.15 Full Tonnage

The gross full tonnage of a Ship as measured in accordance with the International Convention on Tonnage Measurement of Ships,1969 and certified or stated in the Certificate of Registry or other official document relating to the registration of such Ship.  In case of doubt the tonnage under the said Convention shall prevail.  For the purposes of these Rules and the Articles of Association the gross tonnage of a Ship shall remain unchanged for each Policy Year and shall be stated in the Certificate of Entry of that Ship at the start of that Policy Year or at the time of entry of that Ship.

2.16 Hull Policies

Policies effected on the hull and machinery of a ship including any excess liability policy.

2.17 Insurance

Any insurance or reinsurance against the risks specified in these Rules.

2.18 The Managers

The Managers for the time being of the Association including, if the Managers are a firm, each partner of the Managers or, if the Managers are a limited or unlimited company, each director of the Managers.

2.19 Member

A Member of the Association as defined in Article 3 of the Articles of Association and more particularly a Member of this Class of the Association.

2.20 Passenger

A person carried on board an Entered Ship by virtue of holding a ticket of passage.

2.21 Policy Year

A year from 12:00:00 UTC on any 20th February to 12:00:00 UTC on the next following 20th February.

2.22 The Register

The Register of Members of the Association.

2.23 Representative

A representative of a Member appointed to the Committee.

2.24 Rules

The rules, regulations and byelaws for the time being in force concerning this Class of the Association.

2.25 Sanction

Any applicable economic, financial or trade sanction or embargo.

2.26 Seafarer

A person (including the Master) engaged under articles of agreement or otherwise contractually obliged to serve on board an Entered Ship including a substitute for such person and also including such persons while proceeding to or from such Ship.

2.27 Senior Member

In respect of an Entered Ship that Member whose name stands first in the Register in respect of such Ship who shall be the Member whose name stands first on the Certificate of Entry of such Ship.

2.28 Ship

In the context of a ship entered or proposed to be entered in this Class of the Association, any ship, boat, hydrofoil, hovercraft or other description of vessel whether completed or under construction (including a lighter, barge or similar vessel howsoever propelled but excluding

2.28.1 a unit or vessel constructed or adapted for the purpose of carrying out drilling operations in connection with oil or gas exploration or production,

2.28.2 a fixed platform or fixed rig and

2.28.3 a wing-in-ground craft)

used or intended to be used for any purpose whatsoever in navigation or otherwise on, under, over or in water or any part of such ship or any proportion of the tonnage thereof or any share therein.

2.29 The United Kingdom

Great Britain and Northern Ireland.

2.30 Interpretation

For the purposes of these Rules:

2.30.1 Writing shall include printing, typewriting, lithography, facsimile electronic means of written communication and any other mode or modes of representing or reproducing words in a visible form.

2.30.2 Words importing the singular number only shall include the plural number and vice versa.

2.30.3 Words importing persons shall include individuals, partnerships, corporations and associations.

2.30.4 The headings and sub-headings as set out in these Rules are for convenience and ease of reference only and do not affect the construction of any Rule or Sub-Rule.