In these Rules the following words and expressions shall have the following meanings, if not inconsistent with the subject or context thereof:
AFFILIATE:
Any person who is insured in accordance with Rule 1.3.12.
APPLICANT MEMBER:
In relation to a vessel which is desired or intended to be insured with the Association means an owner, operator or charterer (including a bareboat or demise charterer) of such vessel and any other person by whom or on whose behalf an application has been, is being or is to be made for the insurance of such vessel with the Association whether or not he is or is to be a Member of the Association.
ASSOCIATION:
American Steamship Owners Mutual Protection and Indemnity Association, Inc.
BILL OF LADING: A bill of lading or similar document of title.
BY-LAWS:
The By-Laws of the Association at the relevant times.
CARGO:
Goods, including anything used or intended to be used to secure goods, which are subject to a contract of carriage to which the Member is party, but excluding containers or other equipment owned or leased by the Member.
CERTIFICATE OF ENTRY:
The document issued by the Managers on behalf of the Association evidencing the contract of insurance between a Member and the Association pursuant to the provisions of Rule 1.4.6 to 9 inclusive.
CO-ASSURED:
Any person who is insured in accordance with the terms of Rule 1.3.8 to 1.3.11.
CONTAINER:
A container or similar receptacle, including trailer, flat, pallet or tank, as may have been expressly agreed to be such in writing by the Managers.
CONVENTION LIMIT:
Has the meaning ascribed to it in Rule 4.15.
DIRECTORS:
The Board of Directors of the Association at the relevant times.
EFFECTS:
Personal property, documents, navigational or other technical instruments and tools brought on board, or being taken to or from an insured vessel by a seaman or supernumerary but excluding cash, valuables, or any other article which, in the opinion of the Directors, is not an essential requirement for a seaman.
ENDORSEMENT:
A document issued by the Managers on behalf of the Association evidencing any variations or additions to the contract of insurance as contained in a Certificate of Entry of which it forms an integral part.
FINES:
Fines, penalties and other impositions similar in nature to fines imposed in respect of any insured vessel by any court, tribunal or authority of competent jurisdiction.
FIXED PREMIUM:
Any premium which is not mutual premium.
FLEET:
Any two or more vessels insured hereunder having common nominal, or beneficial, ownership, management or control.
GROUP EXCESS LOSS CONTRACT:
The excess loss reinsurance contract entered into by the parties to the Pooling Agreement.
GROUP REINSURANCE LIMIT
Has the meaning ascribed to it in Rule 4.15.
HULL INSURANCE(S)/HULL POLICY(IES):
Insurance in respect of the insured vessel’s hull and machinery, increased value and excess liability.
INSURED VESSEL:
A vessel which has been insured with the Association.
IN WRITING/WRITTEN:
Visibly expressed in any mode of permanently representing orreproducing words including telegram, facsimile transmission and other electronic communication.
JOINT MEMBER:
Any person who is insured in accordance with the terms of Rule 1.3.5.
MANAGERS:
Shipowners Claims Bureau, Inc.
MEMBER:
An owner, operator or charterer (including a bareboat or demise charterer) of a vessel insured by the Association who according to the By-Laws and these Rules is entitled to membership of the Association, provided that, where the context requires or allows, the term Member shall, in these Rules, include a Joint Member, Co-assured and Affiliate.
MUTUAL PREMIUM:
Premium payable by a Member in consideration of the affording by the Association of mutual insurance and subject to the relevant provisions of Rule 4.
NET PREMIUM:
Has the meanings ascribed to it in Rule 4.7 or Rule 4.11 as the context requires.
OVERSPILL CALL:
Has the meaning ascribed to in it Rule 4.15.
OVERSPILL CLAIM:
Has the meaning ascribed to in it Rule 4.15.
OVERSPILL CLAIM DATE:
Has the meaning ascribed to in it Rule 4.15.
PASSENGER:
A person carried on board an insured vessel under a contract of carriage or who, with the consent of the carrier, is accompanying a vehicle or live animals covered by a contract for the carriage of goods.
POLICY YEAR:
A year from noon GMT on any February 20 to noon GMT on the next following February 20.
POOLING AGREEMENT:
The agreement, to which the Association is a party, between certainprotection and indemnity associations dated February 20, 1998 and any addendum to, variation or replacement of, the said agreement, or any other agreement of a similar nature or purpose.
PREMIUM TO RELEASE:
That part of mutual premium capable of being levied and collectedunder the provisions of Rule 4.8 to 10 inclusive.
RULES:
These Rules as originally framed or as may from time to time be altered, abrogated or added to and in force at relevant times.
SEAMAN:
An employee of a Member falling within the categories of person set out in Rule 2.1.B or, solely and exclusively for purposes of the interpretation of Rule 1.4.34, any person on board an insured vessel who is not a passenger.
SUPPLEMENTARY PREMIUM:
That part of mutual premium capable of being levied and collectedunder the provisions of Rule 4.5 to 7 inclusive.
VESSEL:
Any ship, boat, hydrofoil, hovercraft or other description of vessel (including a lighter, barge or similar vessel howsoever propelled but excluding a fixed platform or fixed rig) used or intended to be used for any purpose whatsoever in navigation or otherwise on, under, over or in water or any part of such vessel or any proportion of the tonnage thereof or any share therein.
Words importing the singular number only shall include the plural number and vice versa.
Words importing the masculine gender only shall include the feminine and neuter genders.
Words importing persons shall include individuals, partnerships, corporations, associations, joint ventures and any other business entities.
