Common use of Insured Perils Clause in Contracts

Insured Perils. 2.1.1 Avoidance of the Owners' Policies and Club Ent ▇▇▇▇ or any of them by the underwriters thereof on the grounds of a misrepresentation or non-disclosure of any material circumstance, whether such misrepresentation or non - disclosure arises from the assured thereunder or any of such assured's insurance agents or insurance brokers. 2.1.2 Breach of any statutory provision or any express or implied promissory warranty or condition, including without limitation 2.1.2.1 breach of any implied warranty or seaworthiness or legality, 2.1.2.2 breach of Section 39(5) of the Marine Insurance Act of 1906, 2.1.2.3 breach of trading warranties contained in any of the Owners' Policies and Club Entries, 2.1.2.4 breach of any warranty or condition in any of the Owners' Policies and Club Entries in respect of the classification of the Mortgaged Vessel by a Classif ication Society or any failure to comply with the recommendations of such Society to the extend required by such warranty or condition, 2.1.2.5 breach of any warranty or condition in any of the Owners' Policies and Club Entries which requires compliance with any condition survey, structural survey or P&I Club survey requirements and pursuant to which clauses underwriters deny a claim, 2.1.2.6 breach of any warranty or condition in any of the Owners' Policies and Club Entries in respect of the Ownership, flag, management or charter on a bareboat basis of the Mortgaged Vessel. 2.1.3 failure of the assured under the hull and machinery policy or the owners, managers or superintendents of the vessel or any of their onshore management to exercise due diligence in respect of any loss or damage to the Mortgaged Vessel where such failure to exercise due diligence entitles the underwriters of the owner's hull and machinery policy to deny a claim otherwise recoverable hereunder, 2.1.4 any deliberate or fraudulent casting away of or damage to the M ortgaged Vessel, 2.1.5 avoidance of a claim under any of the Owners' Policies and Club Entries or of any of the Owners' Policies and Club Entries by reason of breach of the duty of good faith in respect of such claim, or 2.1.6 the operation of any applicable provision in any of the Owners' Policies and Club Entries which provides for a time limitation on the presentation of claims, 2.1.7 in the event of the total loss of the Mortgaged Vessel, the final judgement or award of the courts or arbitration tribunal agreed to have jurisdiction under the express terms of the Owners' Policies and Club Entries (or in the event of their being no such expressed terms a competent court) following a contested hearing whereby the Owners' claim is not recoverable under either the Owners' hull and machinery or war risks policies on the ground that the loss has not been proved to have been proximately caused by a peril insured under those policies and is not otherwise excluded from payment by any exclusion or other provision therein.

Insured Perils. 2.1.1 Avoidance of the Owners' Policies and Club Ent ▇▇▇▇ Entries or any of them by the underwriters thereof on the grounds of a misrepresentation or non-disclosure of any material circumstance, whether such misrepresentation or non - non- disclosure arises from the assured thereunder or any of such assured's insurance agents or insurance brokers. 2.1.2 Breach of any statutory provision or any express or implied promissory warranty or condition, including without limitation 2.1.2.1 breach of any implied warranty or seaworthiness or legality, 2.1.2.2 breach of Section 39(5) of the Marine Insurance Act of 1906, 2.1.2.3 breach of trading warranties contained in any of the Owners' Policies and Club Entries, 2.1.2.4 breach of any warranty or condition in any of the Owners' Policies and Club Entries in respect of the classification of the Mortgaged Vessel by a Classif ication Classification Society or any failure to comply with the recommendations of such Society to the extend required by such warranty or condition, 2.1.2.5 breach of any warranty or condition in any of the Owners' Policies and Club Entries which requires compliance with any condition survey, structural survey or P&I Club survey requirements and pursuant to which clauses underwriters deny a claim, 2.1.2.6 breach of any warranty or condition in any of the Owners' Policies and Club Entries in respect of the Ownership, flag, management or charter on a bareboat basis of the Mortgaged Vessel. 2.1.3 failure of the assured under the hull and machinery policy or the owners, managers or superintendents of the vessel or any of their onshore management to exercise due diligence in respect of any loss or damage to the Mortgaged Vessel where such failure to exercise due diligence entitles the underwriters of the owner's hull and machinery policy to deny a claim otherwise recoverable hereunder, 2.1.4 any deliberate or fraudulent casting away of or damage to the M ortgaged Mortgaged Vessel, 2.1.5 avoidance of a claim under any of the Owners' Policies and Club Entries or of any of the Owners' Policies and Club Entries by reason of breach of the duty of good faith in respect of such claim, or 2.1.6 the operation of any applicable provision in any of the Owners' Policies and Club Entries which provides for a time limitation on the presentation of claims, 2.1.7 in the event of the total loss of the Mortgaged Vessel, the final judgement or award of the courts or arbitration tribunal agreed to have jurisdiction under the express terms of the Owners' Policies and Club Entries (or in the event of their being no such expressed terms a competent court) following a contested hearing whereby the Owners' claim is not recoverable under either the Owners' hull and machinery or war risks policies on the ground that the loss has not been proved to have been proximately caused by a peril insured under those policies and is not otherwise excluded from payment by any exclusion or other provision therein.