Hull cover other than the Plan

Before 2003 it was irrelevant to the cover pursuant to Cl. 16-11 whether the hull insurance was covered on the Plan or other hull conditions. If the assured's hull insurance did not cover costs incurred to save time, the loss of hire insurer was liable for the costs of temporary repairs and extraordinary measures within the limits mentioned in Cl. 16-11, sub-clause 2.

However, the 2003 version introduced a new second sentence to sub-clause 1 in line with the corresponding amendment in Cl. 16-1, sub-clause 1, second sentence, requiring that, if hull conditions other than those of the Plan triggered the loss of hire cover, such other conditions should be approved in writing by the loss of hire insurer.

The Commentary to Cl. 16-11 makes it explicitly clear that if the loss of hire insurer has approved such other hull conditions in writing, and those conditions do provide cover similar to the cover of Cl. 12-7 and 12-8, Cl. 16-11 will supplement such similar provisions, even if they are not providing exactly the same cover as the said Plan provisions. If there is no such cover at all under the other hull conditions, costs as mentioned in Cl. 16-11 will be covered by the loss of hire insurer as was the case before 2003.

If, however, the assured fails to obtain from the loss of hire insurer the approval in writing of other hull conditions, the intended effect of the reference in Cl. 16-11, sub-clause 1, second sentence to Cl. 16-1, sub-clause 1, second sentence is that the cover of extra costs pursuant to Cl. 16-11 will be restricted to what would have been covered if the hull insurance had been covered on the basis of the Plan.