|Institution:||University of Oslo|
|Full text PDF:||http://urn.nb.no/URN:NBN:no-27952
This thesis deals with a topic concerning attached clauses to the Norwegian Marine Insurance Plan (NMIP). The study aims to identify what implications the clauses might have when added to the NMIP on both a general level and a specific level. The basis of this study is taken from an insurance slip subject to the rules in NMIP for marine hull insurance. The “slip”, presented by a broker for the insurers, also contained additional clauses. The clauses are first analysed in the light of background law and thereafter in the light of the NMIP and its commentary. In many cases, certain clauses are attached to the standard contract that either amends or supplements the regulations. The reason for adding such clauses might be due to commercial reasons. The purpose with the clause must either be that it clarifies or simplifies the terms, or; improves the terms of cover for the assured, or; regulates matters connected to administrative issues. The clauses that are attached may in several cases not be a typical standard clause but individually drafted. Thus, there are situations where added clauses raise uncertainties in terms of interpretation and what purpose the clauses serve. Further, the NMIP is an agreed document and when the standard contract is amended it may disturb the balance in the agreed document principle. The work has predominantly been focused on the issues when the added clauses introduces mechanisms for regulating circumstances in a different manner than how such circumstances already are regulated in the NMIP. Especially when so called held covered clauses, which originate from the purpose of softening the regulations under warranties, are attached to the rules concerning alteration of risk under the NMIP. It is concluded that the presented clauses in general adds very little to the insurance policy. In some cases the clauses were considered redundant or not applicable. Attachment of additional clauses to the NMIP shall be limited as they often raise confusion and lead to uncertainties – especially in situations where the added clause introduces mechanisms from other types of regulations and conditions i.e. held covered clauses attached to the rules concerning alteration of risk. However, some clauses do serve a certain purpose. If any of the requirements that the clause either simplifies or improves the terms, or relates to administrative issues not already dealt with in the standard wording of the contract, the clause may be considered meaningful. It is always important to be clear on what the reason for the attachment of the clause is and that the wording is perceivable and makes sense. Attaching a clause should be based upon the balance between the assured’s interest in being adequately insured and the insurer’s interest in not being exposed to any unforeseen risks.