English
This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.
PRINT
SHARE
P&I (CLASS 3) / PART III / RULE 19 RISKS COVERED / 19.22 Consortium P&I Cover
19.22.1 Consortium Claims
Where liability arises out of the carriage of cargo on a Consortium Vessel the claim shall be recoverable under these Rules as a Consortium Claim in accordance with the terms of the Pooling Agreement.
19.22.1.1 A claim shall be a Consortium Claim where:
19.22.1.1.1 it arises under the entry of a Ship (or any entered part of a Ship) in the Association under this Class; and
19.22.1.1.2 it arises out of the carriage of cargo on a Consortium Vessel; and
19.22.1.1.3 the Member (or any charterer affiliated to or associated with the Member coassured under the same entry) and the operator of the Consortium Vessel are parties to a “Consortium Agreement” ; and
19.22.1.1.4 at the time the cover in respect of Consortium Claims attaches the Member employs a Ship entered in the Association pursuant to that Consortium Agreement.
19.22.1.2 For the purposes of a Consortium Claim the Consortium Vessel shall be treated as a ship entered in the Association on behalf of the Member under a Charterer’s Entry.
19.22.2 Allocation of Consortium Claims
Where a Ship under an Owner’s Entry and a Ship under a Charterer’s Entry are both employed by the Member pursuant to a Consortium Agreement at the time of the event giving rise to the Consortium Claim occurs, the Consortium Claim of the Member shall for all purposes be treated as a claim arising in respect of the Owner’s Entry of the Member.
19.22.3 Aggregation
19.22.3.1 Where the Member has more than one Entered Ship employed pursuant to the Consortium Agreement at the time the event giving rise to the Consortium Claim occurs, all such Entered Ships shall be deemed to be an entry (or, as the case may be, part entry) of one Entered Ship.
19.22.3.2 Where one or more ships of the Member is / are employed pursuant to the Consortium Agreement at the time the event giving rise to the “Consortium Claim” occurs and the Member has an entry in respect of any of those ships in more than one association being a party to the Pooling Agreement where “Consortium Claims” on each of the associations in respect of the Entered Ships arising from that event out of the carriage of cargo on one Consortium Vessel exceed the Limit of Liability, the “Consortium Claims” on all such associations shall be limited to such proportion of that amount as those Consortium Claims bear to the aggregate of the Consortium Claims on all the associations.
19.22.4 Exclusions
There shall be no recovery in respect of a Consortium Claim in respect of:
19.22.4.1 physical damage to the Consortium Vessel;
19.22.4.2 physical damage to equipment or containers owned by or leased to the Member on board the Consortium Vessel;
19.22.4.3 losses, liabilities, and the costs and expenses incidental thereto, otherwise excluded under these Rules.
19.22.5 Limit of liability
The limit of liability in respect of a Consortium Claim shall not exceed the Limit of Liability in the aggregate any one incident or occurrence under any and all entries of the Member in the Association and in any other association which is a party to the Pooling Agreement.