Abstract
SUMMARY DEFINITIONS Ge'neralyCargo means any cargo other than a Bulk Cargo and includes steel. BUlk Cargo means any cargonf ailing within one of the following categories: (i) UÖrgoes that are homogenous and are trimmed or self- trimming and which are not stowed; (ii) Cargoes consisting solely of bagged produce; C î Ü ) Cargoes consisting solley of grain, when part is shipped in bulk and part in bags; or (iv) Caiigaea tif homogenous liquids in bulk. Container includes any device or receptacle in or on which cargo is carried 'including trailer, flat, pallet, tank or similar receptacle which is supplied by or on behalf of an Owner for the carriage of cargo, and which is either de signer to be, or expected to be, carried in an entered ship. Contribution includes Advance Calls, Supplementary Calls and any other calls or premiums which may be due from an Owner. Demise Charterer means a Charterer who has sole pos sesion of the ship and sole control of its management and crew* Eftecs includes clothes, documents navigation and ot her technical instruments and tools, but does not include cash. Entered Tonnage means the tonnage on the basi9 of which a ship is entered for insurance in the Club; and Entered Ton refers to teh unit of such tonnage.-90- Entered Shep means a ship which has been entered in the Club for any of the risks enumerated herein in the manner provided in the Byelaws or under these Rules. Fines includes penalties and other impositions similar in nature to fines imposed in respect of any entered shjup by any icourt, tribunal or authority of competent jurisdic-* tion. General Excess Loss Reinsurance Contract <;means the ex cess of loss reinsurance policies effected by parties to the Pooling Agreement. Group Rating Agreement means any agreement whereby the contributions of an entered ship are assessed by teference to the record of any other ships which are or were entered through the group in the Club, whether the ships the sampi registered or beneficial ownership or not. Hull Policies means the Policies effected on the Hull and Machinery of a ship, including Excess Liability Policies, Managers means the Managersmf or the time being if the Club. Member means every Owner who becomes and is for the time being a Member as herinafter provided. Overspill Claim means the Club's proportiomiof that part of any claim, including the costs and expenses associa ted there with, (whether arising out of the terms of entry of any entered ship or out of the terms of the Pooling Ag reement) which exceeds or may exceed the maximum sum reco verable in respect of that claim under the General Excess Loss Reinsurance Contract.-91- - Owner includes an owner, owners in partnership, oulners holding seperate shares in severalty, a part owner, and a trustee, mortgagee, charterer, or manager, builder, insuner or reinsurer who enters a ship in the Club or who is a Prin cipal Assured, Joint Entrant or a Co-Assured. Passenger means any person carried on entered ship by virtue of holding a ticket o passage. Policy Year means the year from noon G.M*'!,* on the 20 th February to noon G.M.Ti. on the 20th February next ensuing Pooling Agreement means the agreement to which the Clubli is a party,.between the International Group of Protection and Indemnity Associations, dated 20th February, 1989, and any addendum to, or variation or replacement of, the said agreement. Seamanmeans any person (including the Master and app* rentices engaged or employed in any capacity in connection with the business of any entered ship as part of such ship's complement Cör any substitute for such person) and includes a supernumerary. THE! PROTECTING CLUBS The period of decline in the hull clubs coincided withh a heavy increase in liabilities imposed on shipowners in the mid-19th centuiy. This was a period of great economic, so-1 cial and technological change and a period of increase in the size, complexity and value of vessels and cargoes carri ed. All this accounted for a corresponding increase in the potential liability of the shipowners themselves. : Indeed, by the middle of the 19th cehtüıty, shipowners found themselves faced with the threat of increasing liabilities
