P&I (CLASS 3) / PART III / RULE 19 RISKS COVERED / 19.10 Damage to Property

Liabilities which a Member may incur, together with costs and expenses incidental thereto, to pay damages or compensation for any loss of, or damage to, or infringement of rights in connection with, property.

The following shall be recoverable:

19.10.1 Fixed and floating objects

Liability arising out of any loss of or damage to any harbour, dock, pier, jetty, land or any object whatsoever moveable or immoveable (not being another ship or cargo or other property therein or cargo or other property carried in the Entered Ship) by reason of contact between the Entered Ship and such harbour, dock, pier, jetty, land or moveable or immoveable object.

19.10.2 Passengers’ baggage

Liability arising out of the loss of or damage to a Passenger’s baggage insofar as such liability may be covered under Rule 19.2 Passengers.

19.10.3 Excess liabilities

That part of the Member’s liability which exceeds the amount recoverable under the Hull Policies on the Entered Ship in respect of the liabilities set out in Rule 19.10.1 above, subject always to provisos 19.9.2.1 and 19.9.10.1 to Rule 19.9 Collision.

19.10.4 Non-contact damage to ships

Liability for losses caused to the owner of any other ship, or cargo or other property therein, insofar as such liability may be covered under Rule 19.11 Non-Contact Damage to Ships.

19.10.5 Pollution

Liability in respect of an escape or discharge or threatened escape or discharge of oil or any other substance insofar as such liability may be covered under Rule 19.12 Pollution.

19.10.6 Wreck removal

Liability for the removal of wrecks insofar as such liability may be covered under Rule 19.13 Wreck Removal.

19.10.7 Other property losses

Liability for loss of, or damage to, or infringement of rights in connection with, the property of any person (other than those persons interested in cargo carried in the Entered Ship).

Provided always that:

19.10.7.1 this Rule 19.10.7 excludes liabilities which may be covered under Rules 19.10.1, 19.10.2, 19.10.3, 19.10.4, 19.10.5 and 19.10.6 above.

19.10.8 PROVIDED ALWAYS THAT:

19.10.8.1 there shall be no recovery under this Rule 19.10 in respect of expenditure arising out of a Member’s liability under a contract of indemnity or guarantee between a Member and a third party (see Rule 19.15 Contracts of Indemnity or Guarantee);

19.10.8.2 there shall be no recovery under this Rule 19.10 in respect of any liabilities which a Member may incur to persons interested in another ship, or cargo or other property therein, by reason of a collision between the Entered Ship and that other ship (see Rule 19.9 Collision) or to persons interested in cargo carried in the Entered Ship (see Rule 19.17 Cargo);

19.10.8.3 if the loss, damage or expense relates to any property belonging to the Member (other than that carried on board the Entered Ship – see Rule 20.1.2 Equipment), such Member shall be entitled to recover from the Association, and the Association shall have the same rights, as if such property belonged to a third party, but to the extent only that such loss, damage or expense is not recoverable under any other insurances upon the said property.