Section 3 Loss of damage to effects – crew

3.3.1 General comments on cover for crew effects

This section relates back to a separate insurance cover for loss of effects caused by the total loss of, or a major casualty to, the entered ship. When the cover was included in the P&I Insurance, the idea was not to extend it. Therefore, this is not a general cover for crew effects but a cover limited to a member’s legal liability enforced by compulsory law or a contract previously approved by the Club in accordance with Rule 10 Section 2 (c). The section does not cover theft or robbery of a crew member’s effects on board, nor water damage by a leakage in his cabin nor loss of luggage when a crew member travels to or from the ship.

3.3.2 Extent of cover

The cover is for the legal liability the Member may have towards the crew member under his contract of employment or applicable compulsory legislation. The obligation to compensate a crew member is generally limited to an agreed amount. The cover under this clause is restricted accordingly. Rule 11 Section 2 (d) excludes liability for cash, valuables, pieces of art, etc.

As described in the comments to Rule 2, theft of the Member’s property such as the ship’s binoculars or cash box is not covered. Cover for the Master’s cash on board can be arranged through the Club.

3.3.3 Cover under this and other Rules for various kinds of persons

The cover is in respect of the Member’s obligations in relation to crew members. Effects belonging to other categories of persons on board may be lost or damaged. The cover for passenger luggage is described in Rule 3 Section 5. Liability for effects belonging to crew relatives is covered under Rule 3 Section 5 if the relative is considered to meet the requisite criteria to qualify as a passenger. Otherwise, the liability is covered under Rule 7 Section 1. If equipment or tools belonging, for instance, to people who perform repairs or maintenance on board are lost or damaged in such a way that the Member is liable to pay compensation, the liability is covered under Rule 7 Section 1.

3.3.4 Other insurance should be used first

The cover under this section is subsidiary to the cover under any other existing insurance policy. This follows from Rule 11 Section 6.