Ship Repairer Liability – In depth

Ship repairers are responsible for watercraft and equipment in their care, custody and control, as well as damage to third party property and personal injury, arising in the course of their operations. Our ship repairers liability insurance provides cover for legal liability that arises in the course of a ship repair business

A comprehensive liability cover to cater for the needs of businesses (individuals or companies) involved in the ship repair industry, that provide maintenance or repair services to watercraft including:
       ship repair facilities
       marina operators
       cabinet makers
       plus many other specialist tradesme

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features and benefits:
Policy features include cover for liability arising from:
       watercraft in care, custody and control
       third party property damage and personal injury
       products liability
       ownership, tenancy or use of premises (including
       car parks)
       ownership, tenancy or use of berths, jetties, pontoons
or moorings
       pollution, including clean-up costs
       consequential loss and loss of use of damaged watercraft
       use of subcontractors
       removal of wreck
       damage to temporarily hired equipment
       travelling workmen
       legal defence, investigation and other mitigation costs
       hot work liability.
       Optional additional benefits
       The policy can also be extended to cover liability arising from:
     extended hot work
     other work outside of ship repair operations
     storage of watercraft
     warranty/maintenance guarantee obligations

        personal injury means
(a)   bodily injury, death, sickness, disease, disability, shock, fright, mental anguish, mental injury
(b) false arrest, false imprisonment, wrongful detention, malicious prosecution or humiliation
(c) libel, slander or defamation
(d) wrongful entry or wrongful eviction or other invasion of privacy.
any solid, liquid, gaseous or thermal irritant or contaminant, including but not limited to smoke, vapour, soot, fumes, acids, alkalis, chemicals, waste, oil or petroleum products – waste includes material to be recycled, reconditioned or reclaimed.
        Pollution Risks
legal liability directly or indirectly caused by or arising out of the sudden accidental or potential discharge, dispersal, emission, release, spillage, escape or seepage of
pollutantsinto or upon any property, land, the atmosphere, seas, watercourse or body of water including liability to pay any costs and expenses incurred in the prevention, removal or clean-up of such pollutants  provided that such sudden accidental or potential discharge, dispersal, emission, release, spillage, escape or seepage does not arise from deliberate, reckless or wilful conduct.
means the land and buildings or parts of buildings including car parks at the address noted in the schedule
       owned, leased or used exclusively to carry the business.
        Premises occupier’s liability
       legal liability arising from ownership, tenancy or use of the premises in the cours of the business but does not include berth occupier’s liability.
means anything which is or is deemed to have been manufactured, grown, extracted, produced, processed, sold, supplied, distributed, imported, exported, repaired, serviced, installed, assembled, erected or constructed (including packaging or containers) in the course of the business.
        Products liability
legal liability for personal injury or property damage caused by a defective product where
the product formed part of repair, installation, assembly or maintenance work carried out
on a watercraft and the personal injuryor property damage occurred after the producthas ceased to be in the possession or control.
        Property damage
means physical loss, damage or destruction of tangible property that is not owned, used or leased
        Removal of wreck liability
legal liability for the reasonable costs of removal or recovery of a watercraft where it is damaged, stranded, abandoned or sinks accidentally.
        Subcontractors liability
legal liability for the negligence of subcontractors engaged by in the course of the business.
        Temporary hire equipment
equipment hired or leased to in the course of the business for a total continuous
period not exceeding 120 days.
        Temporary hire of equipment liability
legal liability for damage or loss of any temporaryhireequipment.
        Territorial limits
anywhere within Indonesian territory or as amended in the schedule.
Anything made or intended to float on or in or travel on or through or under water other than fixed pontoons, berths or jetties, and includes its machinery, contents and equipment.
        The insurance coverages
Subject to the limit of liability and the terms and conditions of this policy, the insurer will pay pay all sums which the insured become legally liable to pay in compensation arising from your business:
       loss or damage to watercraftin the care, custody or control
       property damage
       personal injury
       products liability
       consequential loss
       pollution risks
       premises occupier’s liability
       berth occupier’s liability
       hot workliability
       removal of wreck liability
       subcontractors liability
       temporary hire of equipment liabilityresulting from an occurrencehappening during the period of insuranceand within the territorial limits
           Limit of liability
liability to pay compensation as a result of an occurrence will not exceed the limit of liability shown in the schedule or total aggregate liability any one period of insurance
to pay compensation in respect of or in any way related to pollution risks
is $…………….
        Additional cover
       In addition to the limit of liability this policy will also cover any reasonable costs incurred for first aid rendered to third parties at the time of any personal injury
       legal defence, investigation and mitigation costs provided that:
       if in settling or disposing of a claim covered under this policy compensation is payable in excess of the limit of liability additional liability in respect of costs incurred under 3.1 and 3.2 will be limited to the same proportion of these costs as the limit of liability bears to the total compensation payable to dispose of or settlethe claim
       will not pay for any costs or expenses under 3.1 and 3.2 that are incurred after have paid, or agreed to pay, an amount equal to the limit of liability.
           Optional additional benefits
The optional additional benefits are only applicable to this policy if insurer has agreed to provide the cover or insuredshave paid any additional premium required and the additional benefit is noted as being covered in the schedule
           Extended hot work hot work
carried out on or near watercraft previously engaged in carrying explosives, ammunition or inflammable liquids or gasses or any work on or near any fuel tank, fuel pipeline or fuel bunker space.
           Other work
other work that does not fall within the scope of the ship repairing business and which is specified in the schedule and provided that have declared to insurer gross charges in respect of such business and insurershas agreed to provide cover.
           Storage watercraft
in the care, custody and control solely for the purpose of being stored.
           Warranty/maintenance guarantee obligations
the failure of productor service to meet the level of performance, quality, fitness or durability expressly warranted or represented by the insuredin writing in the course of
the ship repairing business up to a maximum period of 12 months.
              Worldwide services
work performed by the insured outside Indonesia and provided that any claim or proceeding in relation to such work is brought against youwithin Indonesia
           What you are not insured for
       This policy does not insure for:
       legal liability caused by or arising out of:
       Aircraft and watercraft ownership, construction, maintenance, servicing, operation or use by
       of any aircraft; ownership, charter or lease of any watercraft;
       the use, movement or delivery of watercraf in care, custody or control other than for trial trips and movement incidental to your business within 100 kilometres of
       Own premises or the place where the work was performed;
       products installed in or on any aircraft or watercraft owned, chartered or leased
       the use by as a landing area for aircraf of any property or structure owned occupied or controlled by the term ‘landing area’ includes any area on which
aircraft taxi, land, take-off, are housed, maintained or operated.
       Death, injury, loss, damage or liability of any nature which is directly or indirectly connected in any way with asbestos.
       Assault and battery committed by or at the direction of unless reasonably necessary for the protection of
       persons or property.
       Contractual liability
       Liability assumed by under any contract or agreement.
       This exclusion shall not apply to liability that would have been implied by law in the absence of such contract or agreement
       written contracts or agreements agreed by insurer and specified in the scheduleor to the extent that they adopt the standard terms published by peak industry bodies by insurer or similar organisation approved by insurer in writing.
       Defective product. The need to replace a defective produc where it is manufactured by a third party.
       Employment liability
       Personal injury to any employee or worker arising out of, or in the course of, their employment business to the extent that are indemnified or entitled to be indemnified under a policy of insurance or self insurance arrangements in accordance with any workers’ compensation or accident compensation
       legislation, or to the extent that would have been entitled to be indemnified had arranged insurance as required by such legislation.
       Any provision of any workers’ compensation legislation or any industrial award or agreement or determination.Exceeding capacity
       knowingly exceeding the registered or rated capacity of any lift device, slipway or dry-dock.
       Faulty design. The condemnation or rejection of any part or produc by reason of faulty design, specification, formulae or pattern;
       the need to repair, modify or replace any part or product by reason of design, specification, formulae or pattern.
       Punitive, aggravated or exemplary damages, fines or penalties imposed by law.
       Infidelity or any act of a dishonest nature on part or on the part or subcontractors or employees.
       Libel, slander and defamation
       The publication or utterance of a libel, slander or defamation:made prior to the commencement date of this policy;made by or at direction knowing it to be false;
       related to advertising, broadcasting or telecasting activities conducted by or on the insured behalf.
       New water craft any new watercraft being built by as the principal builder.
       Nuclear, Chemical, Biological, Bio-Chemical and Electromagnetic Weapons
       ionising radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel;
       the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor, or other nuclear assembly or nuclear component thereof;
       any weapon or device employing atomic or nuclear fission and/or fusion 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 radioactiv isotopes, other than nuclear fuel, when such isotopes are being prepared, carried, stored, or used for commercial, agricultural, medical, scientific or other similar peaceful purposes;
       any chemical, biological, bio-chemical, or electromagnetic weapon Product recall
       The withdrawal, recall, inspection, repair, reconditioning, modification, reinstallation, replacement or loss of use of any product where such product is withdrawn or recalled from the market or from use in a particular application because of a known, alleged or suspected defect or deficiency Professional advice. The rendering of or failure to render professional advice for a fee or otherwise, or any error or omission connected therewith, including but not limited to surveys, inspection or condition reports, and valuations of watercraft
       This exclusion shall not apply to the rendering of or failure to render medical advice or service by medical persons employed to provide first aid and other medical services on the premises
Damage to property owned by, used by or leased but excluding
       temporary hire equipment
Reckless conduct. Deliberate, reckless or wilful conduct bysubcontractors.
       Second hand products. The supply, sale or provision of a second hand product
       Property damage occurring as a result of overspray of paint or other substance and where such property damage is caused by subcontractor failing to erect a purpose built spray booth or implement similar protective measures.
       Strikes. Property damageor personal injury arising from any strike, lockouts labour disturbance, riot, civil commotion or act of any person taking part in any such activity.
       Terrorism. Any act of terrorism or steps taken to prevent, suppress, control or reduce the consequences of any actual, attempted, anticipated, threatened, suspected or perceived terrorism
       Vehicles. The use, ownership or operation by of any vehicle in circumstances in which the vehicle is required by law to have compulsory insurance against such liability.
       The use, ownership or operation by of any registered vehicle such liability being for property damage
       War. Whether directly or indirectly, war, civil war, revolution, rebellion, insurrection or civil strife arising there from or any hostile act by or against a belligerent power, capture, seizure, arrest, restraint or detainment (barratry and piracy excepted) and the consequences thereof or any attempt thereat, derelict mines, torpedoes, bombs or other derelict weapons of war.
       Other consequential loss Except to the extent specified above as
       consequential loss this policy excludes any liability for payments under penalty clauses or for other consequential loss of any kind, including (but not limited to) detention, demurrage, loss of hire, loss of use or loss by diminution in value of any watercraft

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