CLAIMS CONTROL CLAUSE
Notwithstanding anything herein contained to the contrary, it is a condition precedent to any liability of the Association that:
- in the event of any claim being made or threatened against the Member in respect of damage caused by the entered ship, the Member shall give immediate notice thereof to the Association and the Member shall not agree to or make any settlement of any such claim without the written consent of the Association, and
- in the event of damage being suffered by the entered ship, the Member shall give immediate notice thereof to the Managers, and the Member shall not agree to settle any resulting claim without the prior consent of the Association.
CLAIMS CO-OPERATION CLAUSE (A)
- The Member shall, upon knowledge of any loss or circumstances which may give rise to a claim under this coverage, advise the Association as soon as practicable.
- The Member shall arrange for the Association to be furnished with all information available in respect of such loss or losses and shall co-operate with the Association in the adjustment and settlement thereof.
CLAIMS CO-OPERATION CLAUSE (B)
- The Member shall, upon knowledge of any circumstances which may give rise to a claim under this coverage, advise the Association as soon as practicable.
- The Member shall arrange for the Association to be furnished with all information available in respect of such loss or losses particularly, but not limited to, all survey advices and reports and any other technical reports commissioned by the Leading Underwriters, by whose decisions and settlements (excluding “ex-gratia” settlements) the Association has agreed to be bound.
