Gard Rules 2023

Rate this article:

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)

Rule 31 Diversion expenses

The Association shall cover extra costs of fuel, insurance, wages, stores, provisions and port charges attributable to a diversion, over and above the costs that would have been incurred but for the diversion, where these are incurred solely for the purpose of securing treatment for an injured or sick person on board, or to transfer a deceased person on board to shore for repatriation, or for the purpose of searching for a person missing from the Ship, or necessarily incurred while awaiting a substitute for such person, or for the purpose of saving persons at sea.