Clause 17-57. Liability of the insurer/applies instead of Clause 16-1

Cl. 17-57 reads:

The insurance covers loss due to the vessel being wholly or partially deprived of income on account of damage to the vessel, provided that the damage is recoverable under Chapter 17, Section 2, or would have been recoverable if no deductible had been agreed, see Cl. 12-18. If the hull insurance has been effected on conditions other than those of the Plan, and these conditions have been accepted in writing by the insurer, the rules in Chapter 17, Section 2, shall be replaced by the corresponding conditions of the insurance concerned when assessing whether the damage is recoverable. If the hull insurance provides extended cover under Chapter 17, Section 3, the rules in the first and second sentences shall apply correspondingly in relation to Section 3.

This Clause is verbatim very similar to Cl. 16-1, but all the same replaces Cl. 16-1 in its entirety because the important difference between Cl. 16-1 and Cl. 17-57 is that it is the provisions regarding hull insurance in Chapter 17, Section 2, that determine whether compensation is payable under the loss of hire cover. The last sentence of Cl. 17-57extends the loss of hire insurance correspondingly, if the hull insurance has been extended according to Chapter 17, Section 2.

Sub-clause 2 of Cl. 16-1 has not been incorporated and will therefore not apply to fishing vessels. The reason for this is that these provisions are presumed not to be of any practical significance for fishing vessels.