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CHAPTER 23 Exclusions

Miller's Marine War Risks

Page 187




23.1 The War and Strikes Clauses Hulls contain a number of important exclusions. First, there are exclusions of general effect in relation to nuclear weapons of war (Clause 4.1.1), war between the permanent members of the UN Security Council (Clause 4.1.2), and requisition or pre-emption (Clause 4.1.3). Second, there are exclusions which restrict the scope of cover for perils such as capture and seizure, arrest, restraint and detainment, namely: capture, seizure, arrest, restraint, detainment, confiscation or expropriation by or under the order of the government or any public or local authority of the country in which the vessel is owned or registered (Clause 4.1.4); and arrest, restraint, detainment, confiscation or expropriation under quarantine regulations or by reason of infringement of any customs or trading regulations (Clause 4.1.5). Finally, there are further general exclusions in relation to the operation of ordinary judicial process, failure to provide security or to pay any fine or penalty or any financial cause (Clause 4.1.6); and piracy (Clause 4.1.7). The exclusions for nuclear weapons and war between the major powers are not subject to comment here. Piracy is dealt with in Chapter 20.

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