Form MA-942 Interim Binder of Insurance

U.S. Department of Transportation
Maritime Administration

INTERIM BINDER
OF
INSURANCE

OMB Control No. 2133-0011
Expiration Date: 6/30/2017

BINDER NO.
WR -

A federal agency may not conduct or sponsor, and a person is not required to
respond to, nor shall a person be subject to a penalty for failure to comply with a
collection of information subject to the requirements of the Paperwork Reduction
Act unless that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is 2133-0011.
Public reporting for this collection of information is estimated to be approximately
95 minutes per response, including the time for reviewing instructions, completing
and reviewing the collection of information. All responses to this collection of
information are voluntary. Send comments regarding this burden estimate or any
other aspect of this collection of information, including suggestions for reducing
this burden to: Information Collection Clearance Officer, Maritime Administration,
MAR-390, 1200 New Jersey Avenue, SE, Washington, DC 20590.

The United States of America, represented by the Maritime Administrator, acting for the Secretary of Transportation,
in consideration of $___________________ received as the binding fee, and premium as provided for hereinafter,
hereby insures, in accordance with applicable provisions of law and subject to all limitations thereof, particularly Title
XII of Merchant Marine Act, 1936, as amended, against:
War Risks Hull
War Risk Disbursements Endorsements
War Risk Protection and Indemnity Liabilities
Second Seamen’s War Risk Liabilities, subject to the terms, conditions, warranties and representations
stated herein or incorporated by reference:
((A) Owner; (B) Charterer; (C) Mortgagee; (D) Other)
Assured(s)
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
Loss, if any, payable to
(See Appendix A for Hull and Protection & Indemnity)
or order

Vessel(s)
(See Appendix B)

War Risk Hull: Sum insured, as listed for each vessel in Appendix B, but in the event of damage to or actual or
constructive total loss of a vessel listed in Appendix B, the insured value will be not in excess of $______________*
which is the stated valuation of the vessel determined by the Secretary of Transportation in accordance with section
1209(a), Title XII of Merchant Marine Act, 1936, as amended. This insurance does not cover loss of disbursements
as a consequence of the actual or constructive total loss of said vessel, but such insurance is available by
endorsement as additional coverage. It is understood that, with respect to damage to or actual or constructive total
loss of any vessel in Appendix B, this insurance for such vessel shall not exceed the “sum insured” or the “stated
valuation” whichever is the lesser amount.

*If this valuation is not inserted when the binder is issued, it will be published in the Federal Register pursuant to 46 CFR 309, as amended from
time to time.
Form MA-942
(Rev. 7-2011)

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War Risk Protection and Indemnity: Sum insured, as listed for each vessel in Appendix B, but not exceeding $750
per gross ton of the insured vessel.
Second Seamen’s War Risk: If applicable, loss, if any, payable in accordance with, and the sums insured are the
amounts specified in, the applicable provisions of the Second Seamen’s War Risk Policy (1955), or as modified by
shipping articles, collective bargaining agreements or other applicable employment agreements which are in effect
as of the date of a casualty involving the subject vessel. If Second Seamen’s coverage is provided herein, then upon
the attachment of this binder, the number of crewmembers and modified benefits payable as of that date shall be
declared immediately to the Underwriting Agent. Any subsequent changes shall be likewise declared and additional
premium paid. If required.
Attaching automatically (a) upon and simultaneously with the outbreak of war, (whether there be a declaration of war
or not) between any of the following countries: United States of America, United Kingdom, France, the Union of
Soviet Socialist Republics, or the People’s Republic of China; or (b) upon and simultaneously with the occurrence of
any hostile detonation of any nuclear weapon of war employing atomic or nuclear fission and/.or fusion or other like
reaction or radioactive force or matter wheresoever or whensoever such detonation may occur and whether or not
the vessel may be involved.
Terminating thirty (30) days after attachment.
Assured to have privilege of deferring attachment by giving written or telegraphic notice to the Underwriting Agent
prior to attachment of risk.
This binder shall automatically expire at midnight, December 31, 2019, G.M.T., unless insurance hereunder has
attached prior to that date.
Warranties, terms, and conditions: warranted free from any claim for loss, damage of expense covered under any
commercial policy in effect for the benefit of the assured.
Warranted free from any claim for loss, damage or expense which is or could be covered by a commercial war risk
policy containing the American Institute Hull War Risks and Strikes Clauses (including Automatic Termination and
Cancellation Provisions) for attachment to American Institute Hull Clauses, December 1, 1977.
Warranted, as to a vessel in any eligible category of the application, that at all times during the binder period or any
period of insurance attaching hereunder, the vessel will comply with Department of Commerce/Transportation Orders
T-1 and T-2 (44 CFR Parts 401, 402, and 403) or any modification thereof so long as they remain in force.
Warranted, as to a vessel in any eligible category of the application, that at all times during the binder period or any
period of insurance attaching thereunder, the vessel, by action of its owner or master, will comply with the
requirements of the United States vessel position reporting system as prescribed in 46 CFR 308.2(c).
Warranted, as to a vessel in any eligible category of the application, that, without prior approval of the Maritime
Administration, the vessel will not, at any time during the binder period or any period of insurance attaching
hereunder, be chartered for a period of longer than six (6) months, or for a voyage or voyages the duration of which
will probably exceed six (6) months, to any person not a citizen of the United States, nor be chartered to such a noncitizen for the carriage of cargoes of any kind to or from any of the countries listed in 46 CFR 221.7 or any
modification thereof so long as it remains in force, or for use in the fisheries.
Warranted further, as to a vessel in category (a) of the application, that at and from the date of issuance of the binder
and for and during the term of any insurance attaching hereunder, such vessel is eligible within the category, and if
at any time during the binder period or after insurance attaches such vessel shall cease to be eligible within its
category, the binder and any insurance provided hereunder shall automatically terminate at the time of such change,
without return of binding fee or premium, unless the Maritime Administration agrees otherwise; and as to a vessel in
category

Form MA-942
(Rev. 11-2010)

3

(b)(1) or (b)(2) of the application that such vessel will maintain its eligibility within its applicable category at all times
from and after the issuance of this interim binder, and will be made available to the U.S. Government upon request in
the event of national emergency, pursuant to the terms of the Contract of Commitment executed by the assured; and
as to a vessel in category (c) of the application that at all times such vessel will remain in the approved service which
the Maritime Administrator found to be in the interest of the national economy or the national defense of the United
States; and in the event of the breach of any warranty contained in this paragraph, such binder and any insurance
attaching thereunder, shall automatically terminate at the time of such breach, without return of binding fee or
premium, unless the Maritime Administration agrees otherwise.
There shall be deemed to be incorporated herein (a) any other warranties of the applicant (express or implied) and
all representations and agreements which are made a part of the application, and (b) all of the terms, conditions and
warranties contained in the war risk hull insurance policy, and disbursement endorsements, war risk protection and
indemnity insurance policy, and Second Seamen’s War Risk Policy (1955) respectively, set forth in 46 CFR 308.107,
308.207 and 308.306, as applicable. To the extent there is inconsistency between the terms of any of the applicable
war risk policies and terms of this binder including the warranties, agreements and representations of the applicant,
the terms of the binder together with the warranties agreements and representations of applicant shall prevail.
PREMIUM: Rate to be fixed promptly after the happening of the event causing the “American Institute Hull War
Risks and Strikes Clauses (including Automatic Termination and Cancellation Provisions) for attachment to American
Institute Hull Clauses, December 1, 1977” of any war risk policies to become operative and the premium shall be
payable within ten days after receipt of notice of the amount thereof by the assured. Premium shall be paid to the
Underwriting Agent that issued the binders by check payable to the order of “Maritime Adm.-Transportation.”
Privilege is granted to effect, on an excess basis, additional war risk hull insurance, or additional war risk protection
and indemnity insurance, which insurance shall not inure to the benefit of the Maritime Administrator, as underwriter.
CLAIMS: Casualties arising after attachment of war risk hull insurance, with or without war risk disbursements
endorsement, hereunder shall be reported promptly to the Underwriting Agent and all claim documents shall be
likewise filed with such Underwriting Agent, but payment of the amounts due in settlement of claims will be made by
the Maritime Administrator. Casualties arising after the attachment of war risk protection and indemnity insurance or
second seamen’s war risk insurance hereunder shall be reported promptly to the Attention: Director, Office of
Financial Approvals and Marine Insurance, Maritime Administration, Washington, D.C. 20590 and all claim
documents shall likewise be filed with such office.

Form MA-942
(Rev. 11-2010)

4

The Underwriting Agent does not, by countersigning this binder or in any other manner, warrant its own authority, or
the authority of the Maritime Administrator, acting for the Secretary of Transportation, to issue this instrument, but
acts solely under the power conveyed to the Underwriting Agent by the Agreement made with the Maritime
Administrator, acting for the Secretary of Transportation.

UNITED STATES OF AMERICA
By Maritime Administrator,
Acting for the Secretary
of Transportation

_____________________________________________
(Maritime Administrator)
Countersigned at New York, N.Y., this ________ day of ________________________, 20_____.
AMERICAN WAR RISK AGENCY
By ____________________________________________
(Authorized Underwriting Agent)
Not valid unless countersigned by an authorized underwriting agent.

Form MA-942
(Rev. 11-2010)

5

UNITED STATES OF AMERICA
By Maritime Administrator
Acting for the Secretary
of Transportation

_____________________________________________
(Maritime Administrator)

Countersigned at New York, N.Y., this ________ day of ________________________, 20_____.
AMERICAN WAR RISK AGENCY

By ____________________________________________
(Authorized Underwriting Agent)

Form MA-942
(Rev. 11-2010)

6

UNITED STATES OF AMERICA
OPTIONAL WAR RISK DISBURSEMENTS
INSURANCE ENDORSEMENT
It is understood this insurance, made available as authorized under section 1203(c), Title XII, of Merchant Marine
Act, 1936, as amended, is additional to the coverage provided in the War Risk Hull Insurance provision of the
standard Interim Binder of Insurance.
Further, it is understood and agreed that in the event of loss, payment of claim shall be limited to the actual value of
the disbursements lost as a consequence of the actual or constructive total loss of any vessel listed in Appendix B,
but said claim shall not exceed the amount of insurance provided in this endorsement.

Form MA-942
(Rev. 11-2010)