|
|
|
|
|
|
||
| |||||
In Norway there is a general Insurance Contracts Act (ICA) dated 16 June 1989. As a starting point this Act is mandatory for all insurance contracts, see Norwegian ICA section 1-3. However, there is an exception from this provision concerning insurance of commercial activity performed by ships that have to be registered according to the Maritime Code of 24 June 1994, or commercial activity dealing with international carriage of goods. Except for national carriage of goods, there is thus complete contractual freedom for marine insurance. However, there is some general contractual legislation concerning illegal and unfair contracts that also a marine insurance contract will have to adhere to. It should also be mentioned that the Norwegian ICA contains only general provisions, and no provisions specially concerning hull or cargo insurance. In Norway, the first Marine Insurance Plan (NP) was introduced in 1876. This Plan was amended in 1894, 1907 and 1930. In 1964, there was a new and extensive amendment, triggered by the ship-owners need for a more extensive cover for error in construction and materials.' The 1964-revision resulted in the cargo clauses being lifted out of the Marine Insurance Plan. A separate Plan for Insurance for the Carriage of Goods was established in 1967. The 1967 Carriage of Goods Plan was amended in 1995, resulting in the Norwegian Cargo Clauses: Conditions relating to Insurance for the Carriage of Goods of 1995, Cefor Form No. 252 (Norwegian CC). The amendment was mainly a result of the new Insurance Contracts Act in Norway, which is mandatory for insurance concerning national transport of goods, see Norwegian ICA section 1-3 first and second part. Many clauses thus had to be amended to conform to the ICA's requirements. For the most parts these mandatory requirements are also given effect for international carriage of goods, even if the Norwegian ICA is not mandatory for this kind of insurance, see section 1-3 second part letter (e). The 1964 Marine Insurance Plan was amended in 1996. Similar to the revision of the Cargo Clauses, this amendment was partly caused by changes in the legislative framework. However, the amendment was also triggered by the evolution in the shipping industry and problems in the marine insurance market. The new 1996-Plan contains general provisions, and special conditions for Hull insurance, Hull Interest and Freight Interest insurance, War insurance, Loss of Hire insurance, insurance for Fishing Vessels and small Freighters, insurance for Off Shore Structures, and Builders Risk insurance. A characteristic feature of the Norwegian Marine Insurance Plan is that it is drafted by a committee consisting of members of all the different groups or organizations effecting marine insurance contracts. Thus, the 1996 Plan has been drafted by a committee with representatives from the mutual Hull Clubs Committee, the Norwegian Ship owners' Mutual War Risks Insurance Association, The P&I Insurers, The Central Union of Marine Underwriters, the Norwegian Shipowners' Association, the Federation of Norwegian Engineering Industries, Det Norske Veritas, the Fishing Vessel Owners, Sjotrygdelagene, and the Norwegian Average Adjusters. The Chairman and the Secretary of the Committee were two professors from the Scandinavian Institute of Maritime Law. Before the introduction of the 1996-Plan the Plan had been supplemented by a set of agreed conditions concerning problems where the provisions in the Plan were outdated or insufficient. The aim of the 1996 Plan is to incorporate such amendments directly into the Plan instead of using separate conditions. To obtain this, the Committee having drafted the Plan has also established a Permanent Revision Committee to make yearly amendments of the Plan to the extent that this is necessary. An important part of the Norwegian Plan is also the Commentaries to the Plan, written on the basis of the discussions in the Committee drafting the Plan.
|
