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Gard Guidance to the Rules 2021
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Table of contents
Gard Guidance to the Rules 2021
Preface
Acknowledgements
Introduction
Protection and Indemnity (P&I) cover
RULES PART I – Availability of cover
Introductory provisions - Rule 1: Interpretation
Introductory provisions - Rule 2: The cover
Entries and duration of cover - Rule 3: Entries
Entries and duration of cover - Rule 4: Duration of cover
Entries and duration of cover - Rule 5: Certificate of Entry
Conditions of cover - Rule 6: The Member’s duty of disclosure
Conditions of cover - Rule 7: Alteration of risk
Conditions of cover - Rule 8: Classification and certification of the Ship
Conditions of cover - Rule 9: Survey
Premiums and Calls - Rule 10: Setting of Estimated Total Calls
Premiums and Calls - Rule 11: Variation of Estimated Total Calls
Premiums and Calls - Rule 12: Estimated Total Calls and Owners' General Discount
Premiums and Calls - Rule 13: Supplementary Calls
Premiums and Calls - Rule 14: Determination of Estimated Total Calls, Owners' General Discount and Supplementary Calls etc.
Premiums and Calls - Rule 15: Release Calls
Premiums and Calls - Rule 16: Closing of Policy Years
Premiums and Calls - Rule 17: Repayment of premium
Premiums and Calls - Rule 18: Overspill Calls
Premiums and Calls - Rule 19: Reserves
Premiums and Calls - Rule 20: Payment
Premiums and Calls - Rule 20A: Insurance Premium Tax
Premiums and Calls - Rule 21: Set-off
Premiums and Calls - Rule 22: Laid-up returns
Termination and cesser - Introduction
Termination and cesser - Rule 23: Termination by a Member
Termination and cesser - Rule 24: Termination by the Association
Termination and cesser - Rule 25: Cesser
Termination and cesser - Rule 26: Effect of cesser or termination
RULES PART II – P&I cover
Risks covered - Introduction
Risks covered - Rule 27: Liabilities in respect of crew
Risks covered - Rule 28: Liabilities in respect of passengers
Risks covered - Rule 29: Liability for other persons carried on board
Risks covered - Rule 30: Liability for persons not carried on board
Risks covered - Rule 31: Diversion expenses
Risks covered - Rule 32: Stowaways, Refugees or Persons saved at Sea
Risks covered - Rule 33: Life salvage
Risks covered - Rule 34: Cargo liability
Risks covered - Rule 35: Extra handling costs
Risks covered - Rule 36: Collision with other ships
Risks covered - Rule 37: Damage to fixed or floating objects
Risks covered - Rule 38: Pollution
Risks covered - Rule 39: Loss of or damage to property
Risks covered - Rule 40: Liability for obstruction and wreck removal
Risks covered - Rule 41: General average
Risks covered - Rule 42: Salvage
Risks covered - Rule 43: Towage
Risks covered - Rule 44: Legal costs
Risks covered - Rule 45: Enquiry expences
Risks covered - Rule 46: Measures to avert or minimise loss
Risks covered - Rule 47: Fines
Risks covered - Rule 48: Disinfection and quarantine expenses
Risks covered - Rule 49: Confiscation of the Ship
Risks covered - Rule 50: Damage to Member’s own property
Limitations etc. on P&I cover - Introduction
Limitations etc. on P&I cover - Rule 51: General limitation of liability
Limitations etc. on P&I cover - Rule 51B: Limitations – Limitation and payment of Overspill Claims
Limitations etc. on P&I cover - Rule 52: Limitations for charterers and Consortium Vessels
Limitations etc. on P&I cover - Rule 53: Limitations – oil pollution, passengers and seamen
Limitations etc. on P&I cover - Rule 54: Amounts saved by the Member
Limitations etc. on P&I cover - Rule 55: Terms of contract
Limitations etc. on P&I cover - Rule 56: Non-marine personnel
Limitations etc. on P&I cover - Rule 57: Liability occurring during through transports
Limitations etc. on P&I cover - Rule 58: War risks
Limitations etc. on P&I cover - Rule 59: Specialist operations
Limitations etc. on P&I cover - Rule 60: Drilling, production vessels, barges and heavy lift vessels
Limitations etc. on P&I cover - Rule 61: Submarines, diving bells and divers
Limitations etc. on P&I cover - Rule 62: Waste incineration, disposal operations and landfills
Limitations etc. on P&I cover - Rule 63: Excluded losses
RULES PART III – Rules for mobile offshore units
Rule 64: Terms of cover
RULES PART IV – Defence cover
Introduction
Risks covered - Rule 65: Cases pertaining to the operation of the Ship
Risks covered - Rule 66: Cases pertaining to acquisition or disposal of the Ship
Limitations etc. on Defence cover - Rule 67: Excluded costs
Limitations etc. on Defence cover - Rule 68: Disputes with the Association and other Members – Unpaid sums
Limitations etc. on Defence cover - Rule 69: The Association’s right to control and direct the handling of a case – withdrawal of cover
Limitations etc. on Defence cover - Rule 70: Limitation
RULES PART V – General limitations etc. on P&I and Defence cover
Introduction
Rule 71: Other insurance
Rule 72: Conduct of a 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.
RULES PART VI – Miscellaneous provisions
Introduction
Joint Members, Co-assureds and Affiliates - Rule 78: Cover for Co-assureds and Affiliates
Joint Members, Co-assureds and Affiliates - Rule 79: Joint Members, Co-assureds, Affiliates and Fleet Entries
Claims etc. - Rule 80: Time of occurrence
Claims etc. - Rule 81: Time bar
Claims etc. - Rule 82: Obligations with respect to claims
Claims etc. - Rule 83: Exclusion of liability
Claims etc. - Rule 84: Recoveries from third parties
Claims etc. - Rule 85: Discharge
Claims etc. - Rule 86: Currency of payments
Claims etc. - Rule 87: Payment first by Member
Claims etc. - Rule 88: Payments and undertakings to third parties
Assignment, law, arbitration and amendments to Rules - Rule 89: Assignment
Assignment, law, arbitration and amendments to Rules - Rule 90: Governing law
Assignment, law, arbitration and amendments to Rules - Rule 91: Arbitration
Assignment, law, arbitration and amendments to Rules - Rule 92: Amendments to the Rules
Appendices
Appendix I Additional insurances
Appendix II Charterers limits including special limit for Consortium Claims
Appendix III Oil pollution
Appendix IV Passengers and seamen
Appendix V Deductibles
Appendix VI Rules on Overspill Claims and Overspill Calls and related matters
Appendix VII Particular clauses
Additional covers
Additional covers
Gard Guidance to the Rules 2021
Preface
Acknowledgements
Introduction
Protection and Indemnity (P&I) cover
RULES PART I – Availability of cover
RULES PART II – P&I cover
RULES PART III – Rules for mobile offshore units
RULES PART IV – Defence cover
RULES PART V – General limitations etc. on P&I and Defence cover
RULES PART VI – Miscellaneous provisions
Appendices
Additional covers