ABSTRACT

A basis for such reflections is, of course, the study of law in relevant jurisdictions. But even more important are analysis de lege ferenda and the study of insurance clauses and practice. In the following, the 2002 amendments will be surveyed with the view to later analyse their effects specifically on liability and insurance in respect of war and terrorism. The idea has been to follow as closely as possible the dividing line between P&I and war/terrorism insurance as established in practice. Indeed, the division only determines the applicability of the special war/terrorism risk exemptions, but also the distinction between P&I and war insurance. The situation then would be as if a general war/terrorism exception clause had been accepted in the first place; but the main part of the insurance the non-war insurance will still be available. And albeit not a perfect solution, war insurance coverage subject to a notice clause is far better than no war/terrorism insurance at all.