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LONDON CHARTERER'S LIABILITY WORDING ... - Fortunes de mer

LONDON CHARTERER'S LIABILITY WORDING ... - Fortunes de mer

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Ce document a été fabriqué par PDFmail (Copyright RTE Multimedia)http://www.pdfmail.comChartered Vessel is at sea when cancellation becomes effective then coverage hereon shall remain inforce until completion of discharge of the Charterer's cargo at the next port of call.(b) CostsCosts incurred by the Assured shall be payable by Un<strong>de</strong>rwriters only if Un<strong>de</strong>rwriters hereon givewritten consent to the incurring of such costs in respect of any particular claim, suit or proceedingand if such costs in respect of any particular claim, suit or proceeding and if such costs are notcovered by un<strong>de</strong>rlying insurance, and then only in proportion between the amount (excluding costs)paid by the Assured (or by the un<strong>de</strong>rlying insurers), and the amount (excluding costs) paid by theUn<strong>de</strong>rwriters hereon. (The word "costs" shall be un<strong>de</strong>rstood to mean investigation, adjustment andlegal fees and expenses, excluding, however, all expenses for salaried employees and retained counseland all office expenses of the Assured)However, Un<strong>de</strong>rwriters hereon shall not be liable for any costs in addition to the limit of liability asstated herein; any such additional costs shall be borne by the Assured.(c) Assistance and Co-operationIn the event that any Acci<strong>de</strong>nt appears reasonably likely to involve Un<strong>de</strong>rwriters, the Assured shallgive prompt written notice to the Un<strong>de</strong>rwriters hereon, shall forward every summons or process (orcopies thereof) served upon the Assured and shall thereafter keep Un<strong>de</strong>rwriters fully advised asUn<strong>de</strong>rwriters may request. Un<strong>de</strong>rwriters shall not be called upon to un<strong>de</strong>rtake or assume charge ofinvestigation, <strong>de</strong>fence or settlement of any claim, suit or proceeding against the Assured, butexpressly reserve hereby the right and shall be given the opportunity to associate with the Assured orthe Assured's un<strong>de</strong>rlying insurers, or both, in the <strong>de</strong>fence and control of any claim, suit or proceedingwhich in the opinion of Un<strong>de</strong>rwriters is likely to involve this insurance in which event the Assuredand Un<strong>de</strong>rwriters shall co-operate in such <strong>de</strong>fence to the mutual advantage of both. The Assuredshall not admit liability for or settle any claim without the written consent of Un<strong>de</strong>rwriters hereon.(d) SubrogationIn the event of a claim being paid un<strong>de</strong>r this insurance, Un<strong>de</strong>rwriters shall be subrogated to all rightsand remedies of the Assured.(e) Other InsuranceIn the event of an Acci<strong>de</strong>nt giving rise to a claim which is, or but for the existence of this insurance,would be covered un<strong>de</strong>r any other contract of in<strong>de</strong>mnity or insurance inuring to the benefit of theAssured, the insurance affor<strong>de</strong>d by this Policy shall be in excess of the amount which would berecoverable un<strong>de</strong>r such other in<strong>de</strong>mnity or insurance had this insurance not been effected, but onlyto the extend that the excess amount is covered by this insurance.(f) JurisdictionThis insurance shall be subject to the exclusive jurisdiction of the High Court of Justice in England.(g) Law and PracticeThis insurance shall be subject to English law and practice.(h) Trading

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