Table of contents
- Gard Rules 2023
- Rules for Ships
- Part I Availability of cover
- Rule 1 Interpretation
- Rule 2 The cover
- Rule 3 Entries
- Rule 4 Duration of cover
- Rule 5 Certificate of Entry
- Rule 6 The Member's duty of disclosure
- Rule 7 Alteration of risk
- Rule 8 Classification and certification of the Ship
- Rule 9 Survey
- Rule 10 Setting of Estimated Total Calls
- Rule 11 Variation of Estimated Total Calls
- Rule 12 Estimated Total Calls and Owners' General Discount
- Rule 13 Supplementary Calls
- Rule 14 Determination of Estimated Total Calls, Owners' General Discount and Supplementary Calls etc.
- Rule 15 Release Calls
- Rule 16 Closing of Policy Years
- Rule 17 Repayment of premium
- Rule 18 Overspill Calls
- Rule 19 Reserves
- Rule 20 Payment
- Rule 20A Insurance Premium Tax
- Rule 21 Set-off
- Rule 22 Laid-up returns
- Rule 23 Termination by a Member
- Rule 24 Termination by the Association
- Rule 25 Cesser
- Rule 26 Effect of cesser or termination
- Part II P&I Cover
- Rule 27 Liabilities in respect of Crew
- Rule 28 Liabilities in respect of passengers
- Rule 29 Liability for other persons carried on board
- Rule 30 Liability for persons not carried on board
- Rule 31 Diversion expenses
- Rule 32 Stowaways or persons saved at sea
- Rule 33 Life salvage
- Rule 34 Cargo liability
- Rule 35 Extra handling costs
- Rule 36 Collision with other ships
- Rule 37 Damage to fixed or floating objects
- Rule 38 Pollution
- Rule 39 Loss of or damage to property
- Rule 40 Liability for obstruction and wreck removal
- Rule 41 General average
- Rule 42 Salvage
- Rule 43 Towage
- Rule 44 Legal costs
- Rule 45 Enquiry expenses
- Rule 46 Measures to avert or minimise loss
- Rule 47 Fines
- Rule 48 Disinfection and quarantine expenses
- Rule 49 Confiscation of the Ship
- Rule 50 Damage to Member's own property
- Rule 51 General limitation of liability
- Rule 51 B Limitation and payment of Overspill Claims
- Rule 52 Limitations for charterers and consortium vessels
- Rule 53 Limitations - oil pollution, passengers and seamen
- Rule 54 Amounts saved by the Member
- Rule 55 Terms of contract
- Rule 56 Non-marine personnel
- Rule 57 Liability occurring during through transports
- Rule 58 War risks
- Rule 59 Specialist operations
- Rule 60 Drilling, production vessels, barges and heavy lift vessels
- Rule 61 Submarines, diving bells, remotely operated underwater vehicles and divers
- Rule 62 Waste incineration, disposal operations and landfills
- Rule 63 Excluded losses
- Part III Cover for Mobile Offshore Units
- Rule 64 Terms of cover
- Part IV Defence Cover
- Rule 65 Cases pertaining to the operation of the Ship
- Rule 66 Cases pertaining to acquisition or disposal of the Ship
- Rule 67 Excluded costs
- Rule 68 Disputes with the Association and other Members - unpaid sums
- Rule 69 The Association's right to control and direct the handling of a case - withdrawal of cover
- Rule 70 Limitation
- Part V General Limitations etc. on P&I and Defence Cover
- Rule 71 Other insurance
- Rule 72 Conduct of Member
- Rule 73 Nuclear perils
- Rule 74 Unlawful trades etc.
- Rule 75 Part tonnage
- Rule 76 Deductibles
- Rule 77 Administrative costs, insolvency and sanctions etc.
- Part VI Miscellaneous provisions
- Rule 78 Cover for Co-assureds and Affiliates
- Rule 79 Joint Members, Co-assureds, Affiliates and Fleet Entries
- Rule 80 Time of occurrence
- Rule 81 Time bar
- Rule 82 Obligations with respect to claims
- Rule 83 Exclusion of liability
- Rule 84 Recoveries from third parties
- Rule 85 Discharge
- Rule 86 Currency of payments
- Rule 87 Payment first by Member
- Rule 88 Payments and undertakings to third parties
- Rule 89 Assignment
- Rule 90 Governing law
- Rule 91 Arbitration
- Rule 92 Amendments to the Rules
- Appendices
- I Additional insurances
- II Charterers' limits including special limit for consortium claims
- III Oil pollution
- IV Passengers and seamen
- V Deductibles
- VI Rules on Overspill Claims and Overspill Calls and related matters
- VII Particular clauses
- Rules for P&I and Defence for Mobile Offshore Units
- Part I - Availability of cover
- Rule 1 Interpretation
- Rule 2 The cover
- Rule 3 Entries
- Rule 4 Duration of cover
- Rule 5 Certificate of Entry
- Rule 6 The Member's duty of disclosure
- Rule 7 Alteration of risk
- Rule 8 Classification and certification of the Vessel
- Rule 9 Survey
- Rule 10 Premiums
- Rule 11 Payment
- Rule 12 Insurance Premium Tax
- Rule 13 Set-off
- Rule 14 Laid-up returns
- Rule 15 Termination by a Member
- Rule 16 Termination by the Association
- Rule 17 Cesser
- Rule 18 Effect of cesser or termination
- Part II - P&I Cover
- Rule 19 Liabilities in respect of crew
- Rule 20 Liability for persons other than Crew members
- Rule 21 Diversion expenses
- Rule 22 Persons saved at sea
- Rule 23 Collision with vessels
- Rule 24 Damage to fixed or floating objects
- Rule 25 Pollution
- Rule 26 Loss of or damage to property
- Rule 27 Liability for obstruction, wreck removal and clean-up costs
- Rule 28 Salvage
- Rule 29 Fines
- Rule 30 Legal costs
- Rule 31 Enquiry expenses
- Rule 32 Measures to avert or minimise loss
- Rule 33 Damage to Member's own property
- Rule 33A Disinfection and quarantine expenses
- Rule 34 Limitation of liability and other restrictions in the right of recovery
- Rule 35 Pollution from well and damage to property caused by blowout etc.
- Rule 36 Production operations
- Rule 37 Loss of hole, well and reservoir
- Rule 38 Excluded removal and clean-up costs
- Rule 39 Construction operations etc.
- Rule 40 Other excluded losses
- Rule 41 Amounts saved by the Member
- Rule 42 Terms of contract the Association shall not cover
- Rule 43 US owned, operated or managed Vessels
- Part III - Defence Cover
- Rule 44 Cases pertaining to the operation of the Vessel
- Rule 45 Cases pertaining to acquisition or disposal of the Vessel
- Rule 46 Excluded costs
- Rule 47 Disputes with the Association and other Members – unpaid sums
- Rule 48 The Association’s right to control and direct the handling of a case - withdrawal of cover
- Rule 49 Limitation
- Rule 50 Insurance event
- Part IV - General limitations etc. on P&I and Defence Cover
- Rule 51 Unlawful trade and sanctions
- Rule 52 Other insurance
- Rule 53 Conduct of the Member
- Rule 54 War risks
- Rule 55 Nuclear perils
- Rule 56 Part tonnage
- Rule 57 Deductibles
- Part V - Miscellaneous provisions
- Rule 58 Cover for Co-assureds and Protective Co-Assureds
- Rule 59 Cover for Affiliates
- Rule 60 Joint Members, Co-assureds, Affiliates and Fleet Entries
- Rule 61 Time bar
- Rule 62 Obligations with respect to claims
- Rule 63 Exclusion of liability
- Rule 64 Recoveries from third parties
- Rule 65 Discharge
- Rule 66 Currency of payments
- Rule 67 Payment first by Member
- Rule 68 Payments and undertakings to third parties
- Rule 69 Assignment
- Rule 70 Governing law
- Rule 71 Arbitration
- Rule 72 Amendments to the Rules
- Appendices
- 1 Premium conditions
- 2 Additional insurance - War risks P&I insurance for mobile offshore units
- 3 Marine Cyber Endorsement and Communicable Disease Exclusion (Rule 40.3)
Gard Rules 2023
Preface
Gard AS is acting as the agent of both Assuranceforeningen Gard – gjensidig – and Gard P. & I. (Bermuda) Ltd. Gard AS has prepared, and the two associations’ Board of Directors have approved a joint set of standard terms of cover for P&I risks (“Rules”) for the 2023 policy year.
For entries in Assuranceforeningen Gard – gjensidig –, the insurer is Assuranceforeningen Gard – gjensidig –. Likewise, for entries in Gard P. & I. (Bermuda) Ltd, the insurer is Gard P. & I. (Bermuda) Ltd.
The Statutes of Assuranceforeningen Gard – gjensidig – and the Bye-Laws of Gard P. & I. (Bermuda) Ltd. are available on request and published on the Gard website.
The Rules for the 2023 policy year which runs from 20 February 2023 to 20 February 2024 contains some alterations to the Rules which applied for the 2022 policy year. Further details of the alterations can be found in Circulars no 15/2021 “Amendments to the Rules 2023” and no 17/2021 Additional amendments to Rules 2023 which were sent to Members in January 2023.