The Rules
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RULES OF THE OFFSHORE POLLUTION LIABILITY ASSOCIATION LIMITED
(as at 1st August, 1996)
PART IV - NOTIFICATION OF INCIDENT
AND CLAIMS PROCEDURE
4 .1 Notification of Incident by Members
A Member shall, as soon as is possible, advise the Association
by the most expeditious means with confirmation in writing of
any Incident which will or is likely to give rise to Claims against
such Member for reimbursement of the cost of Remedial Measures
and/or for compensation for Pollution Damage. Any such initial
advice shall include a brief description of the circumstances
and other relevant information.
Thereafter Members shall keep the Association advised as to
further significant developments which come to their attention
in relation both to the Incident and to any Claims which may
be made against them and shall, at the request of the Association,
disclose and produce, as promptly as is possible, any and all
documents and information in their actual or constructive possession
which may be relevant or related to any Claims that have been
or may be made, sums in respect of which the Association may
be called upon to administer under Clause III.2 of OPOL.
4 .2 Filing of Claims
A Claimant should, as promptly as possible after the alleged
Incident, advise in writing the Member who may be liable under
Clause IV of OPOL.
The advice need not be in any particular form but should,
to the extent that it is then known, set forth:
(i) the name and address of the Claimant or his representative;
(ii) the location of the Designated Offshore Facility or Facilities
from which the Discharge of Oil took place;
(iii) the date of the Incident and the date(s) and place(s)
where the Pollution Damage was sustained, together with details
of its nature and extent;
(iv) the Remedial Measures taken; and
(v) the approximate amount of the Claim.
Any such advice may be amended or added to by the Claimant
at any time prior to the final settlement of the Claim.
4 .3 Claims under Clause III.2 of OPOL
If a Member fails to make payment to a Claimant of any sums
due in accordance with Clause IV of OPOL, the Association shall
thereupon make an investigation in order to establish whether
the other Members may have an obligation to make payment to Claimants
by virtue of Article 7 of the Articles of Association of the
Association and Clause III.2 of OPOL.
In order to assist such investigation the Claimant shall provide
the Association, at its request, with any further information
that it may deem necessary. Upon completion of the investigation
the Directors shall determine whether, and to what extent, Members
may be required to contribute any payment with respect to the
Claim. Thereafter, the Association shall advise the Claimant
in writing as to any payment that may be made by Members with
respect to the Claim and the release or releases which might
be required as a condition precedent to making any such payment.
The Directors' determination as to entitlement to payment
under Clause III.2 of OPOL shall be final.
on to Part V back
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