There is no general rule that the charterparty terms providing that additional premiums for kidnap & ransom are for charterers' account, are incorporated in the bill of lading. Whilst the obligation to pay the insurance premiums is in principle directly germane to the carriage of the cargo and therefore capable of incorporation, it is not appropriate in this particular case to substitute 'charterer' with 'bill of lading holder' considering on the one hand the bill of lading holder's express obligation to pay freight and on the other hand the absence of any indication in the bills of lading as to how much premium each holder was to pay or how apportionment of the premium between the holders was to be assessed. Therefore, the agreement between shipowner and charterer allocating responsibility for payment of premiums for insurances including kidnap & ransom and giving rise to an exclusive insurance fund, does not preclude the shipowner from recovering a general average contribution from the bill of lading holders in respect of any losses suffered which are covered by such insurances.
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