MarIus

5.3 Post World War I

In the 1930 revision of the Plan, the committee remarked that the provisions of the 1907 Plan failed on several accounts in terms of the distinction between marine risk and war risk during World War I.^{(1) Motiver NMIP 1930 p. 28.} This resulted in a central shift in the distinction between marine risk and war risk. The main structure of the regulation was retained: a simplified version of the all-risk cover was retained in NMIP 1930 § 4, but with separate clauses giving an exclusion for war peril in § 42, and coverage for war peril only in § 43. The new factor was the description of the war peril. Under the 1907 Plan, the war risk was defined in § 39 as damage because a war peril “udøver Indflytelse på Reisen”, followed by certain examples. It was noted that the 1907 Plan was written at a time when war perils other than capture at sea, condemnation in prize and looting of neutral commercial vessels were unknown.^{(2) Towsen p. 65 referring Thorolf Wikborg, who was a member of the 1930-Plan Committee. See also Schelderup p. 19.} The war created new perils: to avoid attack, the vessels started sailing, early on during the war, with darkened lanterns and in convoy.^{(3) Schelderup p. 25.} These concepts, as well as concepts like “spurless versenkt”, darkened lighthouses, change of sea marks, torpedo fields, and other war perils, were unknown. The new Plan was intended to address these concepts in a different way.^{(4) Towsen p. 65 referring Thorolf Wikborg. See also Schelderup p. 19.} The problem is illustrated by the Tysla case referred above, and Schelderup argues that this case destroyed the barrier created by the concept of “act of enemy” to describe a natural concept of war.^{(5) Schelderup pp. 19 and 21.}

In line with this, NMIP 1930 § 42 to § 44 spelled out the war risk in much greater detail, based on the principle that the war risk insurers should cover all “typical” war risk damage, that is to say, damage that according to its type or cause is a result of war, and is not expected in times of peace.^{(6) Motiver NMIP 1930 p. 28.}