LaidUp Returns 2021 / 2022 Class 1 Protection And

LaidUp Returns 2021 / 2022 Class 1 Protection And

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Laid-Up Returns 2021 / 2022
Class 1 Protection and Indemnity
To:
The West of England Ship Owners Mutual Insurance Association
(Luxembourg)
Managers: West of England Insurance Services (Luxembourg) S.A
From:
Please insert name and address of Member
Dear Sirs, please will you credit us with laid-up returns in
accordance with Class 1 Rule 48 (as set out overleaf) in respect of
the following lay-up:
Vessel Name:
Port or Place of Lay-Up and Latitude and Longitude Position
Purpose of Lay-Up
(eg Hot Lay Up/Cold Lay Up)
Period of Lay-Up
From:
To:
No. Days:
How many crewmembers remained on board during the lay-up?
How many crewmembers were required by the Port Authority and/or the
vessel’s Flag Administration to remain on board during the lay-up?
What is the total number of persons specified on the vessel’s Minimum
Safe Manning Certificate? Please forward a copy to the Association.
We enclose an original certificate or other document issued by the
government or port authority having jurisdiction over the port or
place of lay-up which states:
1. the port or place of lay-up
2. the date on which the lay-up period began and, if the lay-up has
ended, the date on which the lay-up ended
3. that the insured vessel had no cargo on board at any time during
the lay-up period
4. the number of crew on board during the lay up.
Yours faithfully,
[signature]
Name:
Company Name:
Date:
Please note:
a.
there must be no cargo on board during the laid-up period for a
return of premium to apply
b.
laid-up periods of less than 30 days do not qualify for a return
of premium
c.
Rule 48 (4) and (5) which requires you to let the Association know
immediately a vessel is due to resume trading after any lay-up of
four consecutive calendar months or more
Class 1 Protection & Indemnity Rules 2020 – Rule 48
48 Laid-Up Returns
(1) If an insured vessel shall be laid-up in any safe port or place
for a period of thirty or more consecutive days after anchoring or
mooring there (such period being computed from the day of arrival to
the day of departure, one only of such days being included) the Member
concerned shall be allowed in respect of such vessel for the period of
lay-up a return of Calls except Overspill Calls calculated at such
rate and after deduction of such allowance for reinsurance,
administrative expenses and other outgoings as the Managers may from
time to time determine.
(2) For the purpose of this Rule a vessel shall not be treated as
laid-up if it had either crew members (other than crew necessary in
the opinion of the Managers for its maintenance and safety) or cargo
on board. Provided that the Managers may allow in respect of such
vessel for the period of lay-up a lower return of Calls except
Overspill Calls calculated at such rate and after deduction of such
allowance for reinsurance, administrative expenses and other outgoings
as the Managers may from time to time determine where the vessel is
laid up with crew (other than crew necessary in the opinion of the
Managers for its maintenance and safety) but without any cargo on
board.
(3) Unless otherwise agreed in writing by the Managers no claim for
laid-up returns relating to any Policy Year shall be recoverable from
the Association unless:
(a) written notice of the intended lay-up has been given to the
Managers before its commencement, including details of the place of
lay-up and of the number of crew and the amount and nature of any
cargo on board.
(b) written notice of termination of lay-up has been given to the
Managers before the vessel leaves the place of lay-up
(c) the claim for laid-up returns is submitted to the Managers before
the earlier of the following dates: three calendar months after the
end of the Policy Year to which the claim relates (where the lay-up
has continued from that Policy Year into the next); and three calendar
months after the termination of lay-up (regardless of whether the
lay-up has continued from one Policy Year into the next), accompanied
by a certificate or other document issued by the government or port
authority having jurisdiction over the port or place of lay-up which
states:
(i) the port or place of lay-up
(ii) the date on which the lay-up period began and, (if the lay-up has
ended), the date on which the lay-up ended
(iii) that the insured vessel had no cargo on board at any time during
the lay-up period
(iv) the number of crew on board during the lay-up period.
(d) the Member has provided the Managers with such information as they
may require from time to time in connection with such lay-up.
(4) If an insured vessel commences or recommences trading after it has
been and has remained in safety in any safe port for a period of four
consecutive calendar months or more after anchoring or mooring there
(such period being computed from the day of arrival to the day of
departure, one only of such days being included) in circumstances in
which the Member concerned is entitled to Laid-up Returns under
paragraph (1) or (2) of this Rule, the Member shall give the Managers
seven days prior written notice of such commencement or recommencement
so as to enable the Managers if they think fit to require to be
satisfied as to the condition of the insured vessel by a survey of the
insured vessel or otherwise.
(5) If the Member does not so inform the Managers, the Association
shall not be liable for any loss, damage, liability, costs or expenses
which would have been avoided if the opportunity for such survey had
been given, a survey had been carried out and all defects revealed in
that survey had been remedied.
(6) The Directors shall have sole discretion in determining whether
the port or place concerned is safe within the meaning of this Rule
48.