Rule 44

Definitions

Rule 44

Definitions

In relation to a ship which is desired or intended to be entered for insurance in the Association, means owner, owners in partnership, owners holding separate shares in severalty, part owner, mortgagee, trustee, operator, manager or builder of such ship and any other person (not being an insurer seeking reinsurance), by or on whose behalf an application has been, is being or is to be made for the entry of the same in the Association for insurance whether he be or is to be a Member of the Association or not.

The articles for the time being of The United Kingdom Mutual Steam Ship Assurance Association Limited.

The United Kingdom Mutual Steam Ship Assurance Association Limited or UK P&I Club N.V., as applicable.

The United Kingdom Mutual Steam Ship Assurance Association Limited, UK P&I Club N.V., and The United Kingdom Mutual Steam Ship Assurance Association (Bermuda) Limited.

An insurance on terms that the Owner is bound to pay calls to the Association.

Sum or sums payable to the Association in respect of an entered ship pursuant to Rules 19 to 23, including Mutual Premiums, Supplementary Premiums and Overspill Calls.

Goods, including anything used or intended to be used to pack or secure goods, in respect of which an Owner enters into a contract of carriage, but excluding containers or other equipment owned or leased by the Owner.

Any reserve maintained by the Association pursuant to Rule 24(B)(i).

Charterer shall mean a charterer other than a demise or bareboat charterer.

A policy year of the Association which has been closed in accordance with the provisions of Rule 25.

In respect of a ship, the limit of liability of the owner of that ship for claims (other than claims for loss of life or personal injury) at the Overspill Claim Date, calculated in accordance with Article 6 paragraph 1(b) (but applying 334 Units of Account to each ton up to 500 tons) of the International Convention on Limitation of Liability for Maritime Claims 1976 (the "Convention") and converted from Special Drawing Rights into United States Dollars at the rate of exchange conclusively certified by the Association as being the rate prevailing on the Overspill Claim Date, provided that, (a) where a ship is entered for a proportion (the "relevant proportion") of its tonnage only, the Convention Limit shall be the relevant proportion of the limit of liability calculated and converted as afore-said and (b) each ship shall be deemed to be a sea-going ship to which the Convention applies, notwith-standing any provision in the Convention to the contrary.

The Board of Directors for the time being of The United Kingdom Mutual Steam Ship Insurance Association Limited, or the Management Board and/or Supervisory Board for the time being of UK P&I Club N.V., as applicable.

An electronic trading system is any system which replaces or is intended to replace paper documents used for the sale of goods and/or their carriage by sea or partly by sea and other means of transport and which are documents of title, or entitle the holder to delivery or possession of the goods referred to in such documents, or evidence a contract of carriage under which the rights and obligations of either of the contracting parties may be transferred to a third party. For the purpose of the definition, a "document" shall mean anything in which information of any description is recorded including, but not limited to, computer or other electronically generated information.

A ship which has been entered in the Association for insurance.

The tonnage figure recorded as entered tonnage in the Certificate of Entry of an entered ship and used for the purposes of calculation of calls whether (a) the tonnage of the ship or (b) a proportion of the tonnage of the ship or (c) a figure exceeding the tonnage of the ship.

Includes penalties and other impositions similar in nature to fines.

A fixed premium payable to the Association in respect of an entered ship pursuant to Rule 9.

An insurance on terms that the Owner is bound to pay a fixed premium to the Association.

The excess of loss reinsurance policies effected by the parties to the Pooling Agreement.

The amount of the smallest claim (other than any claim arising in respect of oil pollution) incurred by the Association or by any other party to the Pooling Agreement which would exhaust the largest limit for any type of claim (other than a claim arising in respect of oil pollution) from time to time imposed in the Group Excess Reinsurance Policies.

A policy effected on the hull and machinery of a ship including an Excess Liability Policy.

Written, printed or lithographed, or visibly expressed in all or any of those or any other modes of representing or reproducing words.

Any insurance or reinsurance.

The Managers for the time being of the Association.

A Member for the time being of The United Kingdom Mutual Steam Ship Assurance Association Limited.

A committee of the Members constituted in accordance with the Articles.

A call levied by the Association pursuant to Rule 22 for the purpose of providing funds to pay all or part of an Overspill Claim.

That part (if any) of a claim (other than a claim in respect of oil pollution) incurred by the Association or by any other party to the Pooling Agreement under the terms of entry of a ship which exceeds or may exceed the Group Reinsurance Limit.

In relation to any Overspill Call, the time and date on which there occurred the event giving rise to the Overspill Claim in respect of which the Overspill Call is made or, if the Policy Year in which such event occurred has been closed in accordance with the provisions of Rules 25(C)(i) and 25(C)(ii), noon GMT on 20th August of the Policy Year in respect of which the Association makes a declaration under Rule 25(C)(iii).

In relation to an entered ship means owner, owners in partnership, owners holding separate shares in severalty, part owner, mortgagee, trustee, operator, manager or builder of such ship and any other person (not being an insurer reinsured under Rule 13) named in the certificate of entry or endorsement slip, by or on whose behalf the same has been entered in the Association whether he be a Member or not.

A year from noon G.M.T. on any 20th February to noon G.M.T. on the next following 20th February.

The agreement dated 17th November 1992 between certain members of the group known as the International Group of Protection and Indemnity Associations and any addendum, variation, or replacement of the said agreement, or any other agreement of a similar nature or purpose.

The agreed rating per ton entered for insurance upon which Calls are payable to the Association according to the terms of such ship's entry for insurance in the Association.

These Rules as originally framed or as from time to time altered, abrogated or added to and for the time being in force.

Any person (including the Master and apprentices) employed as part of a ship's complement under the terms of a crew agreement or other contract of service or employment to serve on board an entered ship, whether or not on board that ship.

Ship (in the context of a ship entered or proposed to be entered in the Association) shall mean ship, boat, hydrofoil, hovercraft or other description of vessel (including a lighter, barge or similar vessel howsoever propelled but excluding (a) a unit or vessel constructed or adapted for the purpose of carrying out drilling operations in connection with oil or gas exploration or production, (b) a fixed platform or fixed rig and (c) a wing-in-ground craft) or intended to be used for any purpose whatsoever in navigation or other-wise on, under, over or in water or any part thereof or any proportion of the tonnage thereof or any share therein.

The terms of contracts of carriage referred to in Proviso (a) to Rule 2 Section 17.

Any obligation, liability or direction imposed by any legislative enactment, decree order or regulation having the force of law in any country.

In relation to all the persons hereinbefore specified in connection with "Owner" and "Applicant Owner'' and in relation to any other person whatsoever by whom or on whose behalf a ship shall have been entered for insurance or reinsurance in the Association, shall include their heirs, executors, administrators, personal representatives, assigns (when permitted under these Rules), receiver, curator or other person authorised to act on behalf of one who becomes incapable by reason of mental disorder of managing his property or affairs, trustee in bankruptcy, liquidator and other successors whatsoever.

The unit of tonnage.

The register tonnage of a ship as certified in the Certificate of Registry of such ship or in any other official document relating to the registration of such ship. Words importing the singular number only shall include the plural number and vice versa. Words importing the masculine gender only shall include the feminine gender. Words importing persons shall include corporations.