Clause 23: War Exclusion
In no case shall this insurance cover loss damage liability or expense caused by
23.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power
23.2 capture seizure arrest restraint or detainment (barratry and piracy excepted), and the consequences thereof or any attempt thereat
23.3 derelict mines torpedoes bombs or other derelict weapons of war.Compare
Comments to ITCH
Clause 23 War Exclusion
Clause 23.1 to .3 define war perils that are excluded under this insurance.
Violent theft, barratry and piracy are covered under ITCH Cl. 6 but current practice in most cases is to transfer these perils over to the assured’s war policy. This is done by adding an exclusion into the H&M policy, see JH2005/046 and a specific extension to the war policy, see JH2005/002.
Comments to NMIP
Unless otherwise agreed NMIP only covers marine perils, cf. NMIP Cl. 2-10. Marine perils are defined in Cl. 2-8 whilst Cl. 2-9 defines war perils. The scope of war risk cover is dealt with in Chapter 15 which provides a package covering not only physical loss or damage but also loss of income, P&I and Crew Liabilities.
The perils named in ITCH Cl. 23.1 and Cl. 23.3 are covered under NMIP Cl. 2-9, sub-clause a.
ITCH Cl. 23.2 is covered by NMIP Cl. 2-9, sub-clause b and Piracy is covered by sub-clause d.
Barratry by master or crew is covered as a marine peril by the NMIP as there is no exclusion for it. NMIP Chapter 3 section 5 makes it clear that acts of the vessel’s master or crew in their service as seamen can never be regarded as the acts of the assured.