• NSN Law Bulletin

Additional Premium under the Hull War and Strike Insurance Policy

Hull and Machinery insurance does not provide cover for loss of or damage to the vessel caused by war and strike risks. These are covered by a separate Hull War and Strike insurance which refers to Institute War and Strikes Clauses (Hulls-Time).

Almost all Hull War and Strike Insurance policies stipulate a navigation area for the insured vessel which is always subject to the latest Joint War Listed Areas (JWLA list) published by Joint War Committee. In principle, voyages to those listed areas are not covered under Hull War and Strike policies, but can be included in addendums by paying additional premiums.

In relation to the above, the question arises for the insured vessels which have sailed to and are presently in an area before that area is included in current JWLA list. In such case, although the vessel is already under insurance coverage for war and strike risks, are the Underwriters entitled to withdraw cover or claim additional premiums for the current risk?

Upon the Ukrainian and Russian waters in the Black Sea and the Sea of Azov have been included in latest revision to the list of Hull War, Piracy, Terrorism and Related Perils Listed Areas (JWLA-028) published by the Joint War Committee on 15.02.2022, the above question becomes much more discussable.

In practice, it is seen that the Underwriters claim additional premiums even for the insured vessels which have called at Ukrainian or Russian ports before such ports are included in JWLA list. Since the Hull War and Strike insurance policies are subject to the latest JWLA list, additional premium claim of the Underwriters seems reasonable, however the amount of additional premium should be fairly evaluated for said vessels.

Author: Ece Melike Yüce, Simge Köybaşı