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April 2022
WAR RISKS AND P&I COVER
Following our recent newsletter on War Risks and Mutual P&I cover, we are providing this situational updated regarding the Listed Areas indicated by Joint War Committee subject to war, piracy and terrorism hazards, as per attached JWLA-030.
As established therein, the Joint War Committee has now added all territorial waters of the Russian Federation, therefore extending Listed Areas beyond those of the Black Sea and Sea of Azov.
It is therefore of extreme importance that shipowners notify their Hull insurance underwriter(s) in advance of possible voyages in those designated area, in order to ensure coverage be maintained and confirm any supplementary premium due for such transits.
We also encourage our clients and business partners to advise their P.L.Ferrari/Lockton representative of any forthcoming operations in or around these affected areas.
The escalating conflict between Ukraine and Russia has led shipowners, charterers and operators of vessels to exercise extreme caution when calling within or in close proximity to those regions recently designated by the Joint War Committee (JWC) as having an elevated likelihood of war, piracy or terrorism. While the situation continues to evolve, at present, the designation encompasses: certain waters in the Sea of Azov and the Black Sea, all inland waters of Ukraine, and certain inland waters of Russia and Belarus (see JWC Circular JWLA-028 and JWLA-029). This is the first time in the 21st Century that European waters have been designated by the JWC. This designation requires shipowners to notify their underwriters in advance of a voyage to a designated area(s), typically resulting in a supplemental (breach) premium.
IMPACT OF P&I COVER
Most marine insurances expressly exclude cover for war risks and P&I insurance provided by the International Group of P&I Clubs is no exception. This coverage specifically excludes liabilities, costs and expenses caused by: war, civil war, revolution, rebellion, insurrection or civil strife arising there from, or any hostile act by or against a belligerent power (undefined), or mines, torpedoes, bombs, rockets, shells, explosives or other similar weapons of war.
As highlighted in the preceding paragraph, for the War Risks exclusion to be triggered, the P&I liability must be proximately caused by war or similar events noted above. Indeed, even if a ship was in or near a JWC-designated area, the War Risks exclusion would only be triggered if the incident occurred as a result of a listed War Risk. For example, if a ship allied with a berth as a result of navigational error and the berth happened to be in a war zone, ordinary P&I cover would likely respond. The incident would not trigger the War Risk exclusion simply because it occurred in a designated area.
Normally, shipowners procure standalone war insurance (Primary War cover) that provides cover for war related perils that are otherwise excluded from standard Hull & Machinery (H&M) and P&I placements. This Primary War cover typically has a War P&I limit of the lesser of either the agreed to value of the vessel or US$500M.
In excess of the vessel’s value/US$500M, all P&I Clubs in the International Group provide Excess War Risks P&I cover with a limit of US$500M each vessel, any one event. It is important to note that this cover is always in excess of the value of the vessel/US$500M; where an owner does not purchase Primary War cover, the Excess War limit provided by the Clubs will attach at the value of the vessel/US$500M (with the underlying value treated as a Self-Insured Retention).
It is also important to note that certain risks are excluded from Primary and Excess War cover, such as loss or damage caused by nuclear, chemical, biochemical or electromagnetic weapons. However, the International Group provides a supplemental cover insuring this type of risk with an aggregate limit of US$30M.
For all the above War Risk policies, there is an automatic termination of cover upon the outbreak of war (whether there be a formal declaration of war or not) between any of the following countries: UK, USA, France, Russian Federation, People Republic of China – the so-called Five Powers War Exclusion. At this juncture, however, it is unclear whether this termination would be triggered by a conflict between Russia (or another of the Five Powers) and another NATO ally, given NATO’s policy that an attack on one NATO member is an attack on all.
Given the volatility of the situation in Ukraine and the surrounding region, we recommend that shipowners ensure that they have obtained War Risk cover with separate limits for primary H&M War and P&I War.
As mentioned above, P&I War Risk cover provided by the Clubs sit excess of the value of the vessel (or US$500M). Accordingly, where a shipowner has only one aggregate primary war limit, combined hull and third party damages may not be sufficient to cover all damages and claims. Our team at P.L. Ferrari and Lockton remain ready to assist and clarify any P&I or H&M aspect related to this particular situation.
WAR P. & I. LIABILITIES INCLUSION CLAUSE
1. This insurance is also to cover such Protection and Indemnity risks which are excluded from the marine insurance by reason of the operation of the War Exclusion (and S.R. & C.C. & M.D. etc. and Sabotage and Vandalism, where applicable) clause or clauses in the rules of the Club covering Protection and Indemnity risks or in the policy of the insurance covering such risks and current at the time of happening of the accident or occurrence giving rise to the claim. In the event that Protection and Indemnity risks are not insured against Marine Perils this insurance shall be construed as if such insurance had been covered by the United Kingdom Mutual Steamship Assurance Association (Bermuda) Limited.
2. This insurance is also to cover liability for contractual repatriation expenses of any crewmember as a result of any of the risks set forth in the preceding clauses.
3. Claims for which these Underwriters are liable under these clauses shall not be subject to any deduction and/or franchise.
4. The Liability of Underwriters under these clauses in respect of any one accident or series of accidents arising out of the same casualty shall be limited to the sum hereby insured.
5. These Underwriters agree to accept the same percentage interest under these clauses as accepted on Hull War Risks.
6. Provided always that for the purpose of ascertaining if a claim is recoverable hereunder, the Rules of any Protection and Indemnity insurance and/or entry as mentioned above shall be deemed to exclude the so-called Omnibus Rule.
7. Should the vessel at the natural expiry time of this policy be at sea, and provided the Automatic Termination Clause in the Hull War Risk Policy have not by that time been brought into operation, this insurance shall be extended, provided previous notice be given to the Underwriters at a premium to be mutually agreed, until midnight G.M.T. of the day on which the vessel is moored at the next port to which she proceeds and 24 hours thereafter.
8. This Protection and Indemnity insurance shall terminate automatically at the same time as the Hull Insurance against War Risks and upon the terms and conditions provided for in the Automatic Termination Clause of the Hull War Risks Policy.
Joint Committee Circular
4th April 20
Committee Joint War
Date 4th April 2022
Circular reference JWLA-030
Contact Neil Roberts neil.roberts@lmalloyds.com
JWC Listed Areas
Hull War, Piracy, Terrorism and Related Perils
Added: Russia
Amended (description only): Europe
Sea of Azov and Black Sea waters plus inland waters as defined overleaf
The application of this list on individual contracts will be a matter for specific negotiation.
This list will be published on the LMA and IUA websites and will be accessible to all on www.lmalloyds.com and www.iua.co.uk.
Neil Roberts
Secretary
JWC Listed Areas
Hull War, Piracy, Terrorism and Related Perils
Africa
Benin
Cabo Delgado, waters as defined overleaf Eritrea, but only South of 15° N
Gulf of Guinea, waters as defined overleaf
Libya
Nigeria
Somalia
Togo
Europe
Sea of Azov and Black Sea waters plus inland waters as defined overleaf
Indian Ocean, Gulf of Aden and Southern Red Sea
Waters as defined overleaf
Asia
Pakistan
Middle East
Iran
Iraq, including all Iraqi offshore oil terminals
Israel
Lebanon
Oman (Musandam Governorate)
Persian or Arabian Gulf and adjacent waters as defined overleaf Saudi Arabia (Gulf coast)
Saudi Arabia (Red Sea coast) excluding transits
Syria
United Arab Emirates
Yemen
Russia
South America
Venezuela, including all offshore installations in the Venezuelan EEZ
DEFINED WATERS
Europe
1) Sea of Azov and Black Sea waters enclosed by the following boundaries
a) On the west, around Romanian waters, from the Ukraine-Romania border at 45° 10.858'N, 29° 45.929'E to high seas point 45° 11.235'N, 29° 51.140'E
b) thence to high seas point 45° 11.474'N, 29° 59.563'E and on to high seas point 45° 5.354'N, 30° 2.408'E
c) thence to high seas point 44° 46.625'N, 30° 58.722'E and on to high seas point 44° 44.244'N, 31° 10.497'E
d) thence to high seas point 44° 2.877'N, 31° 24.602'E and on to high seas point 43° 27.091'N, 31° 19.954'E
e) and then east to the Russia-Georgia border at 43° 23.126'N, 40° 0.599'E
2) All inland waters of Ukraine
3) Inland waters of Russia within the following areas:
a. Crimean Peninsula
b. River Don, from Sea of Azov to vertical line at 41° E
c. River Donets, from River Don to Ukraine border
4) All inland waters of Belarus south of horizontal line at 52° 30’ N
Cabo Delgado
The waters within 50 nautical miles of Mozambique and Tanzania enclosed by the following boundaries:
a) To the north, from Mnazi Bay at 10°19.6'S, 40°18.9'E to high seas point at 9°50.7'S, 41°7.6'E.
b) To the south, from Baía do Lúrio at 13°30’S, 40°31.6’E to high seas point 13°30’S, 41°28.8’E.
Gulf of Guinea
The waters enclosed by the following boundaries:
a) On the west, from the coast of Togo 6° 06′ 45′′ N, 1°12′E, south to
b) high seas point 0° 40′ S, 3° 00′ E
c) and then east to Cape Lopez Peninsula, Gabon 0°40′S, 8° 42′E.
Indian Ocean, Gulf of Aden and Southern Red Sea
The waters enclosed by the following boundaries:
a) On the northwest, by the Red Sea, south of Latitude 15° N
b) on the northeast, from the Yemen border at 16°38.5’N, 53°6.5’E to high seas point 14°55’N, 53°50’E
c) on the east, by a line from high seas point 14°55’N, 53°50’E to high seas point 10°48’N, 60°15’E, thence to high seas point 6°45’S, 48°45’E
d) and on the southwest, by the Somalia border at 1°40’S, 41°34’E, to high seas point 6°45’S, 48°45’E
excepting coastal waters of adjoining territories up to 12 nautical miles offshore unless otherwise provided.
Persian or Arabian Gulf
Persian or Arabian Gulf and adjacent waters including the Gulf of Oman and waters west of the line from Oman’s territorial limit off Cape al-Ḥadd at 22°42.5'N, 59°54.5'E northeast to the Iran-Pakistan border at 25°10.5'N, 61°37.5'E
excepting coastal waters of adjoining territories up to 12 nautical miles offshore unless otherwise provided.
Definitions:
Named Countries shall include their coastal waters up to 12 nautical miles offshore, unless specifically varied above.
Named Ports shall include all facilities/terminals within areas controlled by the relevant port authority/ies (or as may be more precisely defined by Insurers) including offshore terminals/facilities, and all waters within 12 nautical miles of such but not exceeding 12 nautical miles offshore unless specifically stated.
