Amendments to the Norwegian Marine Insurance Plan – Versions 1999 - 2003

1999

  1. New § 3-24A, which contains a special security regulation relating to the date-recognition problem at the new millennium (“the millennium problem”).
  2. New § 17-40A, which contains a provision concerning liability for special compensation in salvage operations.
  3. New second sentence of § 4-8, subparagraph 1, relating to the hull insurer’s liability for owner’s general average contributions for freight and charterparty hire.

2002

  1. Addition of the words "acts of terrorism" in § 2-9, in order to make it clear that such acts are to be regarded as war perils.
  2. Deletion of § 3-24A, which concerned the "millennium" problem and was added in Version 1999. It is now considered to have no practical significance.
  3. Amendment of § 7-2, in order to underscore that special rules apply for the rights of the mortgagee in relation to amendments to and cancellation of war insurance, cf. § 15-8.
  4. Amendment of the Appendix to § 3-15, subparagraph 1, in which the trading limits for European-Arctic waters (no. 1.1) and the southern hemisphere (no. 2) are specified.
  5. Amendment of § 12-5 (a) regarding agreement as to cover of crew's wages and maintenance, etc. during the period of time it takes to repair the ship.
  6. Amendment of § 12- 6, thereby reverting to the rule in the 1964 Plan regarding the insurer's liability for deferred repairs.
  7. Amendment of § 15-8, subparagraph 1, second and third sentences, whereby the mortgagee, in relation to the war risk insurer, has the same protection against cancellation as the person effecting the insurance, but must be notified separately by the insurer of the cancellation.

Furthermore, as of 1 January 2001, a number of amendments were adopted in Chapter 17. These have been applied in 2001 in the form of Special Rules for Fishing Vessels and Smaller Freighters, etc., and have now been incorporated into the ordinary Plan, Version 2002:

  1. In § 17-2 "Renewal of the insurance", a number of new rules have been introduced as regards the procedures to be followed in connection with renewal of the insurance on new conditions and with cancellation of the insurance.
  2. In § 17-3 "Trading limits", the trading area has been extended eastwards and westwards. The provision has also been reworded and supplemented by an appendix with maps which further defines the trading area.
  3. In § 17-22 "Extraordinary handling costs", the cover has been expanded to includecosts in connection with the removal and destruction of damaged catches.
  4. In § 17-23 "Excluded perils", letter (d), the cover has been expanded by eliminating the time-limit.
  5. In § 17-31 "Excluded perils", the description of the range of perils has been amended from a positive specification of the perils covered with related exceptions to cover of all perils unless they are explicitly excepted.
  6. § 17-43 "Liability for social benefits for the crew" now comprises a new letter (c) regarding cover of costs of the crew's travel home, including maintenance, in the event of the illness or death of a close relative.

Furthermore, sections 6 and 7 on P & I insurance have been amalgamated.

2003

The amendments to Version 2003 primarily concern chapter 16 regarding loss-of-hire insurance. Amendments have been made to § 16-1, § 16-2, § 16-7, § 16-9, § 16-11, § 16-12, § 16-13 and § 16-15. Furthermore, the entire commentary to chapter 16 has been extensively rewritten and simplified.

Other amendments are:

  1. A fourth subparagraph has been added to § 1-5 regarding multi-year insurancepolicies. This has led to amendments to the commentary to § 1-5, § 2-2, § 2-11, § 5-3, § 5-4, § 6-3, § 16-4 and § 16-14.
  2. § 3-8, subparagraph 2, has been amended to make a change of the State of registration an explicit alteration of risk.
  3. In § 13-1 (h), the term “loading and discharging pipes” has been amended to “loading and discharging appliances”.
  4. A new § 17-7 has been added to specify the relationship between section 2 regarding hull insurance for fishing vessels and chapters 10-13. The former § 17-7 has become § 17-7A.
  5. § 17-12 has been given a new title to specify that the insurance pursuant to § 17-12 provides limited cover for damage to machinery.
  6. The former § 17-17, § 17-18 and § 17-19 have been amalgamated and made more explicit in a new § 17-17 titled “Extended cover for damage to machinery”.

2007

  1. § 1-5: In subparagraph 4 a reference to § 12-2 has been added in connection with the amendment to this clause, see no. 10 below.
  2. § 2-8: The exclusion in (d) regarding the release of nuclear energy has been elaborated on and expanded through the incorporation of the Race II clause.
  3. § 2-9: The exclusion in subparagraph 2 (b) regarding the release of nuclear energy has also been elaborated on and expanded in the insurance against war perils through the incorporation of the Race II clause. The former special rule in subparagraph 3 regarding the expansion of perils covered if the ship is insured with the Norwegian Shipowners' Mutual War Risks Insurance Association has been amended and moved to chapter 15, section 9, where all the rules regarding insurance with this association have now been grouped.
  4. § 2-12: Subparagraph 3 has been amended in connection with the amendments to § 2-8 and § 2-9.
  5. § 2-13: Subparagraph 2 has been amended in connection with the amendments to § 2-8 and § 2-9.
  6. § 3-8: Subparagraph 2 has been amended by including the rules regarding change of classification society which have been moved from § 3-14. Such changes are now subject to the general rules regarding alteration of the risk and not the special, more stringent rules in § 3-14.
  7. § 3-14: The heading and subparagraphs 3 and 4 have been amended by moving the rules regarding change of classification society to § 3-8, subparagraph 2.
  8. § 3-15: A minor adjustment has been made in the text of subparagraph 2, and the amount has been increased. Some adjustments have been made in the Appendices to § 3-15 regarding excluded and conditional trading areas.
  9. § 3-17: Subparagraph 2 has been amended and moved to chapter 15, section 9, where all the special rules related to the insurance of ships with the Norwegian Shipowners' Mutual War Risks Insurance Association have now been grouped.
  10. § 3-22: The former provision regarding unseaworthiness has been deleted, since the term is no longer used in the new Norwegian Ship Safety Act. The reference to seaworthiness has similarly been deleted in the heading of section 3. The former § 3-24 regarding safety regulations has been moved to § 3-22. A new subparagraph 3 has also been added to the provision, to the effect that the rules prescribed by the classification society regarding ice class constitute a safety regulation.
  11. § 3-23: The former references to "seaworthy" have been reworded to bring them in line with the amendments to § 3-22 (see no. 10).
  12. § 3-24: The former provision regarding safety regulations has been moved to § 3-22 (see no. 10), and § 3-24 is thus now open.
  13. § 3-25: The reference in subparagraph 2 has been corrected in connection with the transfer of the former § 3-24 to § 3-22 (see no. 10).
  14. § 3-27: The former references to "seaworthy" have been reworded to bring them in line with the amendments to § 3-22 (see no. 10).
  15. § 9-2: The third sentence of subparagraph 1 has been deleted because it in practice gave rise to uncertainties.
  16. § 10-10: The first sentence of subparagraph 1 has been amended due to the deletion of the rules regarding seaworthiness, see no. 10.
  17. § 12-1: Subparagraph 4 has been amended due to the deletion of the rules regarding seaworthiness, see no. 10.
  18. § 12-2: Subparagraphs 1 and 2 have been amended so as to make entitlement to cash settlement for damage a general right, and to specify the time of settlement and the calculation of compensation. A new subparagraph 3 has been added regarding the relationship to total loss and condemnation. The former subparagraph 3, unamended, has become a new subparagraph 4.
  19. § 12-3: Subparagraph 2 has been deleted because it is no longer considered to have any practical significance.
  20. § 15-1: Subparagraph 3 has been moved to chapter 15, section 9, where all the special rules related to the insurance of ships with the Norwegian Shipowners' Mutual War Risks Insurance Association have now been grouped.
  21. § 15-3: The first sentence of (a) has been amended to the effect that owner's liability (P&I) and occupational injuries are now subject to a common sum insured. Furthermore, the second sentence has been deleted, with the result that the war risk insurer's liability for removal of wrecks pursuant to § 15-21 must now be covered within the sum insured.
  22. § 15-4: In the first part of subparagraph 1, the reference has now been amended to § 3-22, cf. no. 10.
  23. § 15-5: The last sentence of the provision has been moved to chapter 15, section 9, where all the special rules related to the insurance of ships with the Norwegian Shipowners' Mutual War Risks Insurance Association have now been grouped.
  24. § 15-6: The last sentence of the provision has been moved to chapter 15, section 9, where all the special rules related to the insurance of ships with the Norwegian Shipowners' Mutual War Risks Insurance Association have now been grouped.
  25. § 15-21 regarding cover of liability for the removal of war wrecks has been deleted, cf. no. 21 above.
  26. Chapter 15, section 9 ( § 15-24 et seq.): All the special rules relating to insurance with the Norwegian Shipowners' Mutual War Risks Insurance Association have now been grouped in this section.
    § 15-24: This provision corresponds to the former provisions of § 2-9, subparagraph 3 (a), and § 3-17, subparagraph 2.
    § 15-25: This provision is new in the Plan, but is in accordance with the former conditions of the Norwegian Shipowners' Mutual War Risks Insurance Association. It limits cover under the general war insurance conditions in chapter 15.
    § 15-26: This provision corresponds to the former provisions of § 15-5 and § 15-6.
    § 15-27 - § 15-31: These provisions are new in the Plan, but are basically in accordance with the former conditions of the Norwegian Shipowners' Mutual War Risks Insurance Association. They provide for limited cover for requisition by the ship's own state and for perils covered by the RACE II clause. Such perils are not covered by the ordinary insurance against war perils, see § 2-9, subparagraph 1 (b), third sentence, and subparagraph 2 (b). The range of losses covered under the limited cover is narrower than is otherwise the case, see § 15-28, and special limitation amounts apply, see § 15-31.
    § 15-32 - § 15-34: These provisions are new in the Plan, but are basically in accordance with the former conditions of the Norwegian Shipowners' Mutual War Risks Insurance Association. They provide for limited cover for certain types of costs, see § 15-33, within a special limitation amount, see § 15-34, when the insurance incident has been caused by a chemical, biological, bio-chemical or electromagnetic weapon, see § 15-32.
  27. § 16-7: Subparagraph 3 is new, and specifies the provision that applies if a separate deductible period has been agreed on for damage to machinery.
  28. § 16-12: Subparagraph 1 (b) has been amended due to the deletion of the rules regarding seaworthiness, see no. 10.
  29. § 17-4: The heading and the provision have been amended due to the amendment of § 3-14, cf. § 3-8.
  30. § 17-5: The heading has been amended because the former § 3-24 has been moved to § 3-22.
  31. § 17-7A: The provision has been amended to take into account the amendments made to conditions prescribed by the public authorities relating to fishing rights.
  32. § 17-12: The provision has been reworded but there have been no changes in its substance.
  33. § 17-15: The provision has been reworded and clarified. Minor changes in the substance of the provision have been made to bring it in line with the ordinary conditions of P&I associations concerning this point.
  34. § 17-44: The provision has been amended to the effect that necessary travel expenses for replacement crew are covered also for domestic travel.
  35. § 17-47: The heading has been amended because the former § 3-24 has been moved to § 3-22, see no. 10.
  36. § 18-6: The heading has been amended because the former § 3-24 has been moved to § 3-22, see no. 10.
  37. § 18-10: This provision has been deleted because it was rendered superfluous by the amendment of § 12-2, see no. 15.
  38. § 19-6: The heading has been amended because the former § 3-24 has been moved to § 3-22, see no. 10.
  39. § 19-25: Subparagraph 6 is new.