International Group of P&I Clubs
P&I COVER AND RANSOM
• Not a liability – an expense
• Not covered by P&I as of right
• Not expressly excluded (save for one Club)
• Shipowner could ask Board for discretionary cover – very few such
requests made
• Desire to be able to price the risk has resulted in moves to shift
piracy back from hull to war risks policies.
• Desire for certainty of cover fuels demand for K & R insurance
RANSOM AND GENERAL AVERAGE
• “There is a general average act when, and only when, any extraordinary
sacrifice or expenditure is intentionally and reasonably made or
incurred for the common safety for the purpose of preserving from
peril the property involved in a common maritime adventure. General
average sacrifices and expenditures shall be borne by the different
contributing interests as the basis hereinafter provided” York Antwerp
Rules 1994; Rule A
• Ransom can be adjusted in G/A if ship carrying cargo. More difficult
if in ballast – no ‘common maritime adventure’.
• No primary contribution to G/A from Clubs – because not involved
with property
• If ransom adjusted in G/A and if cargo declines to pay because
ship unseaworthy (insecure) – cargo’s proportion of ransom
covered by P&I Club.
WHY DON’T CLUBS DIRECTLY CONTRIBUTE
IN G/A TO RANSOMS?
• G/A traditionally apportioned to property interests
• G/A always involves threat to life, because involves a threat
to safety of ship and therefore to those dependant on ship
• But not normally requiring contribution from P&I, being
expense, not liability
• And not requiring unsatisfactory comparison of value of life against value of cargo and ship |
发表于 2010-11-19 20:18
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