pi_circular Insurance & claimsCompliance & regulation London P&I Club
CLASS 7, THE WAR RISKS CLASS ____________________ NOTICE IS HEREBY GIVEN that a SEPARATE MEETING of the MEMBERS OF CLASS 7, THE WAR RISKS CLASS, of the Association will be held at the REGISTERED OFFICE of the Association, 50 LEMAN STREET, LONDON, E1 8HQ at 12.10 p.m. on WEDNESDAY, 28th JANUARY 2004, or as soon thereafter as the meeting of Class 5 called for that day is finished, for the purpose of altering and adding to the Rules. The following alterations and additions together with such further alterations and additions, if any, as may be proposed will be submitted for adoption with or without modification and with effect from noon G.M.T. on the 20th day of February 2004. [New wording is in bold. The explanatory notes in italics will not appear in the actual Rules.] DEFINITIONS vii Communication has the meaning given in the Electronic Communications Act 2000. xii Electronic Communication has the meaning given in the Electronic Communications Act 2000. [Explanation: The new definitions relate to the changes proposed below to Rule 47. The numbering of existing definitions is amended accordingly.] RULE 4 WARRANTIES, CONDITIONS, EXCEPTIONS AND LIMITATIONS 4.D TERMS APPLICABLE TO RULE 2 PARTS B, C, D, E AND F, RULE 3 AND RULE 4.A.2 4.D.3 Exclusion of Nuclear Risks The Association shall not be liable for any losses, liabilities, costs or expenses directly or indirectly caused by or contributed to by or arising from: 4.D.3.1 ionising radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel; 4.D.3.2 the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly or nuclear component thereof; 4.D.3.3 any weapon of war or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter; 4.D.3.4 the radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter, with the exception of radioactive 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. - 2 4.D.3.45 PROVIDED ALWAYS that: this exclusion shall not apply to any claim under Rule 2 Part D in respect of losses, liabilities, costs or expenses arising out of or in consequence of the emission of ionising radiations from, or the radioactive, toxic, explosive or other hazardous or contaminating properties of, “excepted matter” as defined under the Nuclear Installations Act 1965 or any amendments thereto or regulations made thereunder, being carried as cargo in the Entered Ship. 4.D.7 Exclusion of chemical, bio-chemical and electromagnetic weapons and computer viruses The Association shall not be liable for any losses, liabilities, costs or expenses directly or indirectly caused by or contributed to by or arising from:4.D.7.1 any chemical, bio-chemical or electromagnetic weapon; 4.D.7.2 the use or operation, as a means for inflicting harm, of any computer virus. [Explanation: The proposed changes bring the Rules of the Class into line with the exclusions incorporated into the Combined Group of War Risks Associations reinsurance contract at the 2003/04 renewal, which were hitherto given effect by endorsements to Members’ Certificates of Entry. (The existing Rule 4.D.7 is renumbered 4.D.8.)] RULE 16 VARIATION OF CONTRACT 16.2 If
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