CIRCULATED TO ALL P&I CLASS MEMBERS, BROKERS AND DIRECTORSThe Association issued a circular informing Members of the P&I War Risks insurance arrangements for the 2003/2004 policy on 31 January 2003.Due to changes in the available reinsurance the terms of the cover were changed for 2003/2004. The reinsurance changes were notified to the International Group only shortly before the renewal and the International Group has been seeking to clarify two issues.1. Chemical, Bio-Chemical, Electromagnetic Weapons and Computer Virus Exclusion ClauseThis clause is new for 2003/2004 and has been introduced as a result of the introduction of similar clauses in almost all reinsurance policies to avoid undue aggregation of risk.The clause in the Association’s reinsurance contract reads as follows:-This clause shall be paramount and shall override anything contained in this insurance inconsistent therewith1. In no case shall this insurance cover loss damage liability or expense directly or indirectly caused by or contributed to by or arising from1.1 any chemical, bio-chemical or electromagnetic weapon,1.2 the use or operation, as a means for inflicting harm, of any computer virus.Problems have arisen with the interpretation of this clause and it is potentially much too wide. Following discussions between the International Group, its brokers and reinsuring underwriters, the brokers have issued the following statement with the approval of reinsuring underwriters:-“The Chemical etc., Exclusion Clause (MM Clause No. 2249(a)) was introduced to this placement for the first time at 20th February 2003.It is our understanding that the phrase ‘any chemical, bio-chemical …….. weapon’ was intended by Underwriters to exclude neurological or viral agents such as sarin, mustard gas, anthrax, smallpox etc. It is not intended to refer to explosives, or methods of their detonation or attachment. Nor does it refer to the use of a vessel or its cargo as a means of inflicting harm, unless such cargo is itself a chemical or biochemical weapon within the scope of the clause. We understand the phrase ‘electromagnetic weapon’ to refer to highly sophisticated devices designed to disable computer software, and not to methods of detonation or attachment of explosives. The exclusion of ‘the use or operation, as a means for inflicting harm, of any computer virus’ is relevant in the context of this policy only if it is used as an act of war or terrorism.”The International Group has submitted a revised wording for the clause which incorporates these principles and it is hoped that the wording of the clause for the next year will be clearer.2. The Excess PointThe wording of the excess point for the International Group of P&I Clubs’ reinsurance contracts has been changed for 2003/2004 and now reads as follows:-“This policy to pay claims excess of amounts recoverable under vessels’ or crew war risks P&I policies subject to a minimum excess of the proper value of the entered ship or USD100,000,000 whichever is the less (applicable to owners’ entries and not to charterers’ entries), and further subject to a minimum excess of USD50,000 any one event.”Once again the brokers and reinsuring underwriters are concerned that the intent of this clause should be clearly understood and, following discussions with the International Group, the brokers have issued the following clarification with the approval of reinsuring underwriters:-“It is therefore our understanding that in respect of Owners’ entries this policy will respond excess of underlying insurances with a limit of at least the proper value of a vessel.In the event that a vessel is not so insured, this policy will respond as if an underlying policy with a limit up to the proper value were in place, except that for a vessel with a proper value of more than USD100,000,000, the deemed underlying excess shall be USD100,000,000.Further we understand that this policy will be in excess of all other policies placed by owners for vessels’ o