Table of contents
Any reference in this Appendix to
a the ‘Limitation Amount’ means the amount to which the registered owner of the Ship could have limited its liability in respect of the relevant matter had the registered owner of the Ship sought and not been denied the right to limit;
b ‘oil pollution’ includes attempts to reduce or prevent oil pollution;
2 Limit of insurance for Owner’s Entries
a The cover afforded for oil pollution for Owner’s Entries is limited pursuant to Rule 53.1 in accordance with this paragraph 2.
b Cover afforded to a charterer co-assured under an Owner’s Entry as described in Rule 78.4 and for a Consortium Claim as described in Appendix II, section 5 to these Rules, is limited to whichever is the lesser of the Limitation Amount (if any) and USD 350 million each incident or occurrence each Owner’s Entry..
c The limit of insurance for any and all claims in respect of oil pollution including claims under paragraph 2 (b) above in this Appendix III is USD 1 billion each incident or occurrence each Owner’s Entry, provided that if the total amount of claims against a Member in respect of oil pollution following any one incident or occurrence exceeds USD 1 billion the Association will not be liable to make any payment in respect of the amount by which any such claims exceed USD 1 billion.
d Where the Ship provides salvage or other assistance to another ship following a casualty, a claim by the Member in respect of oil pollution arising out of the salvage, the assistance or the casualty shall be aggregated with any claim or claims for liabilities, losses, costs or expenses incurred in respect of oil pollution by any other ships similarly engaged in connection with the same casualty when such other ships are either:
i insured by the Association in respect of oil pollution under Owner’s Entries; or
ii covered for those risks under Owner’s Entries with any other association which participates in the Pooling Agreement.
In such circumstances the limit of the liability of the Association shall be such proportion of the sum set out in paragraph 2(c) above as the claim by the Member bears to the aggregate of all the said claims.
e Where the Member and another party or other parties interested in the operation of the Ship are insured under separate Owner’s Entries with the Association or with the Association and any other association(s) which participate(s) in the Pooling Agreement, the aggregate of all claims for oil pollution brought against the Association and/or such other association(s) following an accident or occurrence, shall be limited to the sum set out in paragraph 2(c) above. The liability of the Association in respect of each such claim shall be limited to that proportion of the sum set out in paragraph 2(c) above that that claim recoverable from the Association bears to the aggregate of the claims recoverable against the Association or the Association and such other association(s), if any.
For further Guidance to Appendix III see the Guidance to Rules 52 and 53.