Overview of Chapter 17 of the Plan

Loss of hire for fishing vessels is found in Chapter 17, Section 7 (Clauses 17-56 – 17-61). Chapter 17 contains the standard insurance conditions in the Plan applying to insurance of fishing vessels and small freighters. Section 1 contains rules that are common to Sections 2-7. Conditions for hull insurance are found in Sections 2 and 3, for catch and equipment insurance in Sections 4 and 5 and shipowners' liability insurance in Section 6.

Cl. 17-1 makes it clear that the rules in Chapter 17, Sections 1-7 only apply to the extent that this is expressly agreed in the insurance contract. This means that the parties in principle have the option to insure fishing and coastal vessels on the basis of the other Chapters of the Plan, if they so wish. But it is not given that the insurers agree to insure e.g. hull insurance on the basis of the somewhat wider cover in Part Two of the Plan intended for ocean going vessels. The assured may not be interested in such wider cover if it means he has to pay a higher premium. Hence, it is normally on the insurer to ensure that the somewhat more restricted cover in Chapter 17 is expressly agreed in the insurance contract. If not, Chapter 17 will not apply. It follows from the above that Section 7 is not applicable unless it has been expressly agreed that the insurance shall also cover loss of hire, which is according to the general principle in the Plan that each type of insurance must be expressly agreed.

For the sake of good order, it must be emphasised that all the insurances under Chapter 17 are also subject to the rules in Part I of the Plan (Chapters 1 to 9) unless excepted in Chapter 17 (or in the individual insurance contract).