Norwegian Marine Insurance Plan
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Definitions | ||
| “Claims leader” (hovedassurandør) means the insurer who, at the time the insurance contract is entered into, is identified as claims leader. | |||
| “Co-insurers” (koassurandører) means other insurers who have accepted a proportion of the insurance of the interest against the same perils and who are directly liable to the assured. | |||
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The right of the claims leader to act on behalf of co-insurers | ||
| Unless otherwise agreed, the claims leader is entitled to take the steps referred to in §§ 9-3 to 9-9 with binding effect on the co-insurers. In all such cases he shall, as far as possible, take into consideration the interests of all the insurers. | |||
| Notwithstanding that the claims leader has acted contrary to agreements with the co-insurers, or otherwise disregarded their interests, steps taken by him in matters governed by §§ 9-3 to 9-8 shall be binding on the co-insurers in relation to the assured, unless the assured knew or ought to have known of the facts. | |||
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Lay-up plan | ||
| The claims leader may approve lay-up plans as required by § 3-26. | |||
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Notification of a casualty | ||
| Notifications in connection with a casualty may be given to the claims leader. | |||
| The claims leader, shall as soon as possible, pass on such notifications to the co-insurers concerned. | |||
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Salvage | ||
| The claims leader may take measures with a view to salvage. He may inform the assured that the salvage operation has been abandoned or that the insurers will limit their liability for the costs in accordance with §4-21. | |||
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Removal and repairs | ||
| The claims leader takes decisions pursuant to § 3-20 and §§ 12-10 to 12-13. If the assured has requested a condemnation of the ship, the claims leader will also decide whether the ship shall be moved in accordance with § 11-6. | |||
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Provision of security | ||
| If the claims leader has, on his own and the co-insurers’ behalf, provided a guarantee or counterguarantee for the assured’s liability arising from collision, striking or salvage, he may claim a commission of 1% of the guarantee amount. If an open guarantee is provided, the commission shall be calculated on the basis of the effective gross liability. | |||
| If a co-insurer has been notified that the claims leader has provided a guarantee in accordance with paragraph 1, the co-insurer may not pay compensation in connection with the liability directly to the assured. | |||
| The co-insurer may not set off against the claims leader counterclaims against the assured, unless he has made a special reservation to that effect prior to the provision of security. | |||
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Disputes with third parties | ||
| If a third party makes a claim against the assured which is covered by the insurance, or if the assured has a claim for damages to which the insurers are subrogated, the claims leader shall decide questions concerning the institution of legal proceedings, appeals and amicable settlements. | |||
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Claims adjustment | ||
| The claims leader shall see to it that a claims adjustment is drawn up. The adjustment is binding on co-insurers, provided that it is in accordance with the insurance conditions. | |||
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Insolvency of a co-insurer | ||
| If a co-insurer is insolvent, the assured shall cover his proportion of expenses incurred by the claims leader on behalf of the assured. The co-insurer’s share of expenses incurred by the claims leader on behalf of all of the insurers shall be borne by the claims leader. | |||
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Interest on the disbursements of the claims leader | ||
| The claims leader is entitled to charge interest on disbursements he has made on behalf of all of the insurers or the assured. § 5-4 shall apply correspondingly. | |||