Section 2 – Legal Liability
By reason of your interest in the Craft and/or trailer you may be held legally
liable for damage, loss of life or injury and this Section of your Insurance
Policy indemnifies you for such payment as set out below.
This Section also covers the legal liability of any person (other
than a person operating or employed by the operator of a shipyard, repair yard,
slipway, yacht club, marina, sales agency or similar organisation), after
instruction, using the Craft with your permission.
The limit of indemnity under this Section is £3 million for any one accident or
series of accidents arising from the same event. In no case shall the total
indemnity exceed the amount shown in respect of one event.
The Insurers will indemnify you or any person using the Craft with your
permission, after instruction, against losses resulting from your or their
legal liability for:-
- Death or bodily injury to any person other than you or
other than as specified in exclusions (a) to (j) below.
- Loss or damage to property not belonging to you or a
permitted user.
- Attempted or actual raising, removal or destruction of
the wreck of the Craft or any negligence or failure to raise, remove or destroy
the wreck.
- Expenses incurred by you with Insurers prior written
consent in connection with official Inquiries and Coroners’ Inquests.
- Legal costs incurred with the Insurers written consent
in defending any action or contesting liability in a Civil Court. Similar legal costs in
connection with any criminal prosecution may be considered at the Insurer’s
discretion
Exclusions:
The Insurers will not indemnify you or any person using the Craft with your
permission, after instruction, against losses resulting from your or their
legal liability for:
- Death or bodily injury in respect of any person
employed in any capacity by you in connection with the Craft or similarly
employed by any person using the Craft with your permission.
- Accidents caused by or to waterskiers, kneeboarders, or
others involved in activities of a similar kind, including the use of
‘watertoys’, whilst being towed or preparing to be towed by the Craft or until
safely back on board the Craft.
- Accidents caused by or to any person engaged in kiting
or other airborne sport whilst being towed by the Craft or preparing to be
towed or until safely back on board the Craft.
- Accidents occurring while the Craft is in transit by
mechanically propelled road vehicle, rail, or ship.
- Accidents involving the trailer except when
intentionally not coupled to a towing vehicle.
- Death of or bodily injury to fare-paying passengers or
loss of or damage to their property.
- Damages or penalties arising solely under a contract.
- Fines or other penalties imposed under any statutory
code or common law in respect of any offence committed.
- Medical Expenses incurred by you or by a person
permitted to use the Craft.
- Punitive or exemplary damages howsoever described.
Waterski Clause
In respect of Craft capable of towing according to manufacturers
recommendation, exclusion (b) is removed only
in respect of users who are 16 years of age or over. The liability cover then
provided extends to include Waterskiing, Knee & Wake Boarding and
activities of a similar kind including the use of “Watertoys” which are
designed to carry no more than 2 people. It is warranted that watertoys are
only used strictly in accordance with the manufacturers instructions and recommendations.
The limit of indemnity under this clause for any one accident or series of
accidents arising from the same event is £1million.
Excess Clause
You will bear the first £250 of any Third Party Property Loss unless otherwise
stated. This excess will be doubled where the person in charge of or using the
Craft is not named on the proposal form.
Section 3 – General Exceptions
THE INSURANCE POLICY DOES NOT INSURE:
- THE CRAFT AND/OR TRAILER IF THEY ARE USED
FOR RACING OR ANY COMPETITION INVOLVING SPEED OR FOR ANY PURPOSE OTHER THAN
PRIVATE PLEASURE PURPOSES UNLESS SPECIFICALLY AGREED WITH INSURERS AND THE
POLICY ENDORSED ACCORDINGLY.
- LOSS, DAMAGE, EXPENSE OR LIABILITY DIRECTLY
OR INDIRECTLY ARISING FROM CAPTURE, SEIZURE, ARREST, RESTRAINT OR DETAINMENT,
WAR, TERRORISM, CIVIL WAR, REVOLUTION, REBELLION, INSURRECTION, CIVIL CONFLICT
OR COMMOTION.
- AGAINST LOSS, DAMAGE, EXPENSE OR LIABILITY
ARISING OUT OF THE ACTIONS OF STRIKERS, LOCKED OUT WORKMEN OR PERSONS TAKING
PART IN LABOUR DISTURBANCES, RIOTS OR CIVIL COMMOTIONS, DAMAGE CAUSED BY
PRESSURE WAVES FROM AIRCRAFT AND OTHER AERIAL DEVICES TRAVELLING AT SONIC OR
SUPERSONIC SPEEDS.
- ANY LOSS, DAMAGE, EXPENSE OR LIABILITY
DIRECTLY OR INDIRECTLY CAUSED BY OR CONTRIBUTED TO BY OR ARISING FROM:
- IONISING RADIATIONS OR CONTAMINATION BY
RADIOACTIVITY FROM ANY NUCLEAR FUEL OR FROM ANY NUCLEAR WASTE FROM THE
COMBUSTION OF NUCLEAR FUEL.
- RADIOACTIVE, TOXIC, EXPLOSIVE OR ANY OTHER
HAZARDOUS PROPERTIES OF ANY NUCLEAR ASSEMBLY OR NUCLEAR COMPONENT THEREOF.
- ANY WEAPON
OR DEVICE EMPLOYING ATOMIC OR NUCLEAR FISSION AND/OR FUSION OR OTHER LIKE
REACTION OR RADIOACTIVE FORCE OR MATTER
- THE RADIOACTIVE, TOXIC, EXPLOSIVE OR OTHER
HAZARDOUS OR CONTAMINATING PROPERTIES OF ANY RADIOACTIVE MATTER. THE EXCLUSION
IN THIS SUB-CLAUSE DOES NOT EXTEND TO RADIOACTIVE ISOTOPES, OTHER THAN NUCLEAR
FUEL WHEN SUCH ISOTOPES ARE BEING PREPARED, CARRIED, STORED, OR USED FOR
COMMERCIAL, AGRICULTURAL, MEDICAL, SCIENTIFIC OR SIMILAR PEACEFUL PURPOSES.
Section 4 – Claims and
Accidents (General Conditions and Procedures)
Notification
- In the event of any occurrence which may give rise to a
claim under this Insurance Policy notice must be given to the Insurers as soon
as possible through RJP Marine.
- Full details of the occurrence must be given in writing
as soon as possible thereafter with names and addresses of witnesses and any
third parties and you must give the Insurers whatever assistance and
information they may require.
- You must send to the Insurers via RJP Marine as soon as
possible, and unanswered, all claims letters, summonses, writs or documents
which you receive from third parties and give the Insurers whatever assistance
and information they may require.
Admission To Third Parties
No liability of any sort may be admitted and no undertaking given, nor may any
offer or promise of payment be made or legal expenses incurred by you without
the Insurers’ written consent. The Insurers shall be entitled if they so wish
to take over and conduct in your name any action in respect of claims for
indemnity or damages or otherwise involving any third party.
Basis of Settlement
- In the event of loss or damage which is covered by this Insurance Policy the Insurers will indemnify you up to the market value of the Craft and/or trailer as at the date of such loss or damage or the insured value whichever is lesser.
- Where the cost of repairs to, or the recovery of, the Craft and/or trailer would exceed the market value at the date of loss or damage or the insured value, whichever is the lesser, the Insurers will pay for a constructive total loss.
- If the Insurers pay for a constructive total loss, they shall at their option be entitled to take over the remains of the Craft and/or trailer.
- Insurers may at their option choose to reinstate or replace any part of the Craft and/or trailer which is lost or damaged. Any reinstatement or replacement shall be as close to the original specification and condition at the date of loss or damage as practicable, but it is agreed that they will not be expected to achieve an exact replication. If the Insurers choose to reinstate or replace then:
- You must give them all reasonable assistance to obtain such plans, specifications and/or information as may be necessary to do so; and
- They will pass to you the benefit of any manufacturers’ warranty, but they will have no liability for any defect in, or failure of, the replacement part.
Unrepaired Damage
In no case shall the Insurers be liable for unrepaired damage in addition to a
subsequent total loss sustained during the Period of Insurance shown in the
Certificate.
Other Insurances
In the event of any claim arising under this Insurance Policy which is also
recoverable under any other insurance the Insurers will not be liable for more
than their rateable proportion of such loss.
Own Damage Clause applying to R.J.P.
Marine Scheme Assureds:
When two or more Policyholders sustain damage only to their respective Craft as
a result of collision, each policy will pay its own damage/repair expenses
irrespective of any apportionment of liability between the parties concerned.
This Clause applies only in respect of physical damage to the Craft and only in
respect of R.J.P Scheme Policyholders who, at the time of loss, have a current
valid policy which includes cover in respect of accidental damage to the Craft.
(This Clause does not exclude the right
of Policyholders to recover any uninsured losses from any third party)
Section 5 – Other Provisions
Facts omitted and misrepresented
This Insurance Policy or any subsequent renewal will be void from inception:
- If you have obtained cover through the omission, misrepresentation or suppression of any facts, truths or circumstances known to you which could have influenced the Insurers assessment and acceptance of the risk or offer of renewal.
- If you deliberately omit, misrepresent or suppress any facts, truths or circumstances in support of a claim under this Insurance Policy.
In any such event you shall
lose all your rights under this Insurance Policy or any subsequent renewal but
the Insurers will nevertheless be entitled to retain the full premium.
Duties as Owner Warranty
It is warranted that you will take all reasonable steps to maintain the Craft
in a proper state of seaworthiness and to prevent or minimise any loss or
damage.
Assignment Or Transfer Of Insurance
This insurance is a contract personal to you and is not assignable or
transferable unless agreed in writing between you and the Insurers.
Sale or Transfer of Ownership
If the Craft or any interest in it is sold or transferred to new ownership
then, unless the Insurers agree in writing to continue the insurance, this
Insurance Policy shall be automatically cancelled from the time of sale or
transfer.
Cancellation
This insurance may be cancelled by the Insurers at any time subject to 15 days
written notice to the Policyholder or his Agent, or by mutual agreement.
Upon cancellation by the policyholder a pro-rata return of premium will be
allowed under Section 1 (Loss of or Damage to the Craft and/or Trailer).
However the Insurers will retain the whole premium applicable to Section 2
(Legal Liability). If a loss is paid during the currency of the Insurance, any
return premium will be at the discretion of the Insurer. No return premium will
be allowed when a total loss has been paid.
No Claims Discount
In the event of no claims being paid or outstanding at the expiry of 12 months
insurance the renewal premium calculated using rates applicable at the renewal
date will be reduced as follows:
- By 5% after 1 year
- By 10% after 2 consecutive years
- By 15% after 3 consecutive years
- By 20% after 4 consecutive years
This clause does not imply any obligation upon the Insurers to renew
this insurance.
Payment of Premiums
If this Insurance Policy is issued or renewed subject to the premium being paid
by instalments the insurers’ liability will cease in the event of non-payment
of any instalments by the date due. The standard cancellation terms will then
apply and any premium still to be paid will become due for payment immediately.
E.U. DISCLOSURE CLAUSE (UK)
Notice to Proposer/Policyholder
The Parties are free to choose the law applicable to this Insurance Contract.
Unless specifically agreed to the contrary this insurance shall be subject to
English Law.
How to make a complaint
If you have a complaint please contact the Training and Compliance Officer at
RJP
Marine Insurance Services 1-7 Dunstall Street, Scunthorpe, N. Lincs, DN15 6LD.
If you are dissatisfied with the handling of your complaint you can at any time
refer the matter
to :-
The Compliance Officer,
Markel International Insurance Company Ltd,
The Markel Building,
49 Leadenhall Street,
London,
EC3A 2EA.
If still not satisfied then the case may be referred (again without prejudicing
your rights in law) to:
Financial Ombudsman Service
South Quay Plaza
183 Marsh Wall
LONDON E14 9SR
Telephone: 020 7964 1000
E-mail complaint.info@financial-ombudsman.org.uk
RJP Marine Insurance Services 1-7 Dunstall Street Scunthorpe N. Lincs DN15 6LD
01724 855510
Johnstone Insurance Brokers Ltd Trading as RJP Marine Insurance Services are
Authorised and Regulated by the Financial Services Authority Registration number 452604
Registered in England Number 05683941
PWC0308