The Federal Requirements for Vessels to Obtain Evidence of Financial Responsibility for Oil Spill Liability Under the Oil Pollution Act of 1990: Hearing Before the Subcommittee on Coast Guard and Maritime Transportation of the Committee on Transportation and Infrastructure, House of Representatives, One Hundred Fourth Congress, Second Session, June 26, 1996

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96. lappuse - ... a) resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character, or b) was wholly caused by an act or omission done with intent to cause damage by a third party, or c) was wholly caused by the negligence or other wrongful act of any Government or other authority responsible for the maintenance of lights or other navigational aids in the exercise of that function.
49. lappuse - Pollution damage' means: (a) loss or damage caused outside the ship by contamination resulting from the escape or discharge of oil from the ship, wherever such escape or discharge may occur, provided that compensation for impairment of the environment other than loss of profit from such impairment shall be limited to costs of reasonable measures of reinstatement actually undertaken or to be undertaken; (b) the costs of preventive measures and further loss or damage caused by preventive measures.
97. lappuse - Convention shall be extinguished unless an action is brought thereunder within three years from the date when the damage occurred. However, in no case shall an action be brought after six years from the date of the incident which caused the damage. Where this incident consists of a series of occurrences, the six years period shall run from the date of the first such occurrence.
50. lappuse - A person liable shall not be entitled to limit his liability if it is proved that the loss resulted from his personal act or omission, committed with the intent to cause such loss, or recklessly and with knowledge that such loss would probably result.
96. lappuse - No liability for pollution damage shall attach to the owner if he proves that the damage : a) resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character...
137. lappuse - Measures may have to be taken to prevent oil which has escaped from a ship from reaching the coast, eg by placing booms along the coast which is threatened. Dispersants may be used at sea to combat the oil. Costs for such operations are in principle considered as costs of preventive measures. It must be emphasised, however, that the definition only covers costs of "reasonable
136. lappuse - In order for a claim to be accepted by the IOPC Fund, it has to be proved that the claim is based on a real expense actually incurred, that there was a link between the expense and the incident and that the expense was made for reasonable purposes. The definition of pollution damage under the Civil Liability Convention and the Fund Convention is not entirely clear.
137. lappuse - ... pollution damage are assessed on the basis of objective criteria. The fact that a Government or other public body decides to take certain measures does not in itself mean that the measures are reasonable for the purpose of the Conventions. The technical reasonableness is assessed on the basis of the facts available at the time of the decision to take the measures. However, those in charge of the operations should continually reappraise their decisions in the light of developments and further...
98. lappuse - Protocol, and expenses incurred for preventive measures are recoverable even when no spill of oil occurs, provided that there was a grave and imminent danger of pollution damage. The Protocol includes a new definition of pollution damage...
136. lappuse - ... 6. Give a prompt, courteous and forthright explanation to each claimant as to the company's position with respect to his claim. 7. Conclude each claim, large or small, on the basis of its own merits, in the light of the facts, the law, and the coverage afforded. 8. Pay meritorious property damage claims promptly without requiring simultaneous settlement of bodily injury liability claims. 9. Investigate coverage questions expeditiously ; inform the insured and claimant of the companies...

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