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  • Cargo ISM Endorsement

      Applicable to shipments on board Ro-Ro passenger ferries.
      Applicable with effect from 1 July 1998 to shipments on board:

      1. passenger vessels transporting more than 12 passengers and
      2. oil tankers, chemical tankers, gas carriers, bulk carriers and cargo high speed craft of 500 gross tonnage or more.

      Applicable with effect from 1 July 2002 to shipments on board all other cargo ships
      and mobile offshore drilling units of 500 gross tonnage or more.

      In no case shall this insurance cover loss, damage or expense where the subject matter insured is carried by a vessel that is not ISM Code certified or whose owners or operators do not hold an ISM Code Document of Compliance when, at the time of
      loading of the subject matter insured on board the vessel, the Assured were aware, or
      in the ordinary course of business should have been aware: –

      1. Either that such vessel was not certified in accordance with the ISM Code.
      2. Or that a current Document of Compliance was not held by her owners or operators

      as required under the SOLAS Convention 1974 as amended.

      This exclusion shall not apply where this insurance has been assigned to the party
      claiming hereunder who has bought or agreed to buy the subject matter insured in
      good faith under a binding contract.

      (JC 98/019 1 May 1998)

  • CL 382 ICC (A) - INSTITUTE CARGO CLAUSES (A)

      RISKS COVERED

      Risks
      1. This insurance covers all risks of loss of or damage to the subject-matter insured except as excluded by the provisions of Clauses 4, 5, 6 and 7 below.

      General Average
      2. This insurance covers general average and salvage charges, adjusted or determined according to the contract of carriage and/or the governing law and practice, incurred to avoid or in connection with the avoidance of loss from any cause except those excluded in Clauses 4, 5, 6 and 7 below.

      “Both to Blame Collision Clause”
      3. This insurance indemnifies the Assured, in respect of any risk insured herein, against liability incurred under any Both to Blame Collision Clause in the contract of carriage. In the event of any claim by carriers under the said Clause, the Assured agree to notify the Insurers who shall have the right, at their own cost and expense, to defend the Assured against such claim.

      EXCLUSIONS

      4. In no case shall this insurance cover
      4.1 loss damage or expense attributable to wilful misconduct of the Assured
      4.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured
      4.3 loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject- matter insured to withstand the ordinary incidents of the insured transit where such packing or preparation is carried out by the Assured or their employees or prior to the attachment of this insurance
      (for the purpose of these Clauses “packing” shall be deemed to include stowage in a container and “employees” shall not include independent contractors)
      4.4 loss damage or expense caused by inherent vice or nature of the subject-matter insured
      4.5 loss damage or expense caused by delay, even though the delay be caused by a risk insured against (except expenses payable under Clause 2 above)
      4.6 loss damage or expense caused by insolvency or financial default of the owners managers charterers or operators of the vessel where, at the time of loading of the subject-matter insured on board the vessel, the Assured are aware, or in the ordinary course of business should be aware, that such insolvency or financial default could prevent the normal prosecution of the voyage. This exclusion shall not apply where the contract of insurance has been assigned to the party claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith under a binding contract
      4.7 loss damage or expense directly or indirectly caused by or arising from the use of any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.

      5.
      5.1 In no case shall this insurance cover loss damage or expense arising from
      5.1.1 unseaworthiness of vessel or craft or unfitness of vessel or craft for the safe carriage of the subject-matter insured, where the Assured are privy to such unseaworthiness or unfitness, at the time the subject-matter insured is loaded therein
      5.1.2 unfitness of container or conveyance for the safe carriage of the subject-matter insured, where loading therein or thereon is carried out prior to attachment of this insurance or by the Assured or their employees and they are privy to such unfitness at the time of loading.
      5.2 Exclusion 5.1.1 above shall not apply where the contract of insurance has been assigned to the party claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith under a binding contract.
      5.3 The Insurers waive any breach of the implied warranties of seaworthiness of the ship and fitness of the ship to carry the subject-matter insured to destination

      6.  In no case shall this insurance cover loss damage or expense caused by
      6.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power
      6.2 capture seizure arrest restraint or detainment (piracy excepted), and the consequences thereof or any attempt thereat
      6.3 derelict mines torpedoes bombs or other derelict weapons of war.

      7. In no case shall this insurance cover loss damage or expense
      7.1 caused by strikers, locked-out workmen, or persons taking part in labour disturbances, riots or civil commotions
      7.2 resulting from strikes, lock-outs, labour disturbances, riots or civil commotions
      7.3 caused by any act of terrorism being an act of any person acting on behalf of, or in connection with, any organisation which carries out activities directed towards the overthrowing or influencing, by force or violence, of any government whether or not legally constituted
      7.4 caused by any person acting from a political, ideological or religious motive.

      DURATION

      Transit Clause
      8.
      8.1 Subject to Clause 11 below, this insurance attaches from the time the subject-matter insured is first moved in the warehouse or at the place of storage (at the place named in the contract of insurance) for the purpose of the immediate loading into or onto the carrying vehicle or other conveyance for the commencement of transit, continues during the ordinary course of transit and terminates either 8.1.1 on completion of unloading from the carrying vehicle or other conveyance in or at the final warehouse or place of storage at the destination named in the contract of insurance,
      8.1.2 on completion of unloading from the carrying vehicle or other conveyance in or at any other warehouse or place of storage, whether prior to or at the destination named in the contract of insurance, which the Assured or their employees elect to use either for storage other than in the ordinary course of transit or for allocation or distribution, or
      8.1.3 when the Assured or their employees elect to use any carrying vehicle or other conveyance or any container for storage other than in the ordinary course of transit or
      8.1.4 on the expiry of 60 days after completion of discharge overside of the subject-matter insured from the oversea vessel at the final port of discharge, whichever shall first occur.
      8.2 If, after discharge overside from the oversea vessel at the final port of discharge, but prior to termination of this insurance, the subject-matter insured is to be forwarded to a destination other than that to which it is insured, this insurance, whilst remaining subject to termination as provided in Clauses 8.1.1 to 8.1.4, shall not extend beyond the time the subject-matter insured is first moved for the
      purpose of the commencement of transit to such other destination.
      8.3 This insurance shall remain in force (subject to termination as provided for in Clauses 8.1.1 to 8.1.4 above and to the provisions of Clause 9 below) during delay beyond the control of the Assured, any deviation, forced discharge, reshipment or transhipment and during any variation of the adventure arising from the exercise of a liberty granted to carriers under the contract of carriage.

      Termination of Contract of Carriage
      9.
      If owing to circumstances beyond the control of the Assured either the contract of carriage is terminated at a port or place other than the destination named therein or the transit is otherwise terminated before unloading of the subject-matter insured as provided for in Clause 8 above, then this insurance shall also terminate unless prompt notice is given to the Insurers and continuation of cover is requested when this insurance shall remain in force, subject to an additional premium if required by the Insurers, either
      9.1 until the subject-matter insured is sold and delivered at such port or place, or, unless otherwise specially agreed, until the expiry of 60 days after arrival of the subject-matter  insured at such port or place, whichever shall first occur, or
      9.2 if the subject-matter insured is forwarded within the said period of 60 days (or any agreed extension thereof) to the destination named in the contract of insurance or to any other destination, until terminated in accordance with the provisions of Clause 8 above.

      Change of Voyage
      10.
      10.1 Where, after attachment of this insurance, the destination is changed by the Assured, this must be notified promptly to Insurers for rates and terms to be agreed. Should a loss occur prior to such agreement being obtained cover may be provided but only if cover would have been available at a reasonable commercial market rate on reasonable market terms.
      10.2 Where the subject-matter insured commences the transit contemplated by this insurance (in accordance with Clause 8.1), but, without the knowledge of the Assured or their employees the ship sails for another destination, this insurance will nevertheless be deemed to have attached at commencement of such transit.

      CLAIMS

      Insurable Interest
      11.
      11.1 In order to recover under this insurance the Assured must have an insurable interest in the subject- matter insured at the time of the loss.
      11.2 Subject to Clause 11.1 above, the Assured shall be entitled to recover for insured loss occurring during the period covered by this insurance, notwithstanding that the loss occurred before the contract of insurance was concluded, unless the Assured were aware of the loss and the Insurers were not.

      Forwarding Charges
      12. Where, as a result of the operation of a risk covered by this insurance, the insured transit is terminated at a port or place other than that to which the subject-matter insured is covered under this insurance, the Insurers will reimburse the Assured for any extra charges properly and reasonably incurred in unloading storing and forwarding the subject-matter insured to the destination to which it is insured.

      This Clause 12, which does not apply to general average or salvage charges, shall be subject to the exclusions contained in Clauses 4, 5, 6 and 7 above, and shall not include charges arising from the fault negligence insolvency or financial default of the Assured or their employees.

      Constructive Total Loss
      13. No claim for Constructive Total Loss shall be recoverable hereunder unless the subject-matter insured is reasonably abandoned either on account of its actual total loss appearing to be unavoidable or because the cost of recovering, reconditioning and forwarding the subject-matter insured to the destination to which it is insured would exceed its value on arrival.

      Increased Value
      14.
      14.1 If any Increased Value insurance is effected by the Assured on the subject-matter insured under this insurance the agreed value of the subject-matter insured shall be deemed to be increased to the total amount insured under this insurance and all Increased Value insurances covering the loss, and liability under this insurance shall be in such proportion as the sum insured under this insurance bears to such total amount insured. In the event of claim the Assured shall provide the Insurers with evidence of the amounts insured under all other insurances.
      14.2 Where this insurance is on Increased Value the following clause shall apply:
      The agreed value of the subject-matter insured shall be deemed to be equal to the total amount insured under the primary insurance and all Increased Value insurances covering the loss and effected on the subject-matter insured by the Assured, and liability under this insurance shall be in such proportion as the sum insured under this insurance bears to such total amount insured. In the event of claim the Assured shall provide the Insurers with evidence of the amounts insured under all other insurances.

      BENEFIT OF INSURANCE

      15. This insurance
      15.1 covers the Assured which includes the person claiming indemnity either as the person by or on whose behalf the contract of insurance was effected or as an assignee,
      15.2 shall not extend to or otherwise benefit the carrier or other bailee.

      MINIMISING LOSSES

      Duty of Assured
      16.
      It is the duty of the Assured and their employees and agents in respect of loss recoverable hereunder
      16.1 to take such measures as may be reasonable for the purpose of averting or minimising such loss, and
      16.2 to ensure that all rights against carriers, bailees or other third parties are properly preserved and exercised and the Insurers will, in addition to any loss recoverable hereunder, reimburse the Assured for any charges properly and reasonably incurred in pursuance of these duties.

      Waiver
      17. Measures taken by the Assured or the Insurers with the object of saving, protecting or recovering the subject- matter insured shall not be considered as a waiver or acceptance of abandonment or otherwise prejudice the rights of either party.

      AVOIDANCE OF DELAY

      18. It is a condition of this insurance that the Assured shall act with reasonable despatch in all circumstances within their control.

      LAW AND PRACTICE

      19. This insurance is subject to English law and practice.

      NOTE:- Where a continuation of cover is requested under Clause 9, or a change of destination is notified under Clause 10, there is an obligation to give prompt notice to the Insurers and the right to such cover is dependent upon compliance with this obligation.

      © Copyright: 11/08 – Lloyd’s Market Association (LMA) and International Underwriting Association of London (IUA).

      CL382
      01/01/2009

       

  • CL 383 ICC (B) - NSTITUTE CARGO CLAUSES (B)

      RISKS COVERED

      Risks
      1. This insurance covers, except as excluded by the provisions of Clauses 4, 5, 6 and 7 below,
      1.1 loss of or damage to the subject-matter insured reasonably attributable to
      1.1.1 fire or explosion
      1.1.2 vessel or craft being stranded grounded sunk or capsized
      1.1.3 overturning or derailment of land conveyance
      1.1.4 collision or contact of vessel craft or conveyance with any external object other than water
      1.1.5 discharge of cargo at a port of distress
      1.1.6 earthquake volcanic eruption or lightning,
      1.2 loss of or damage to the subject-matter insured caused by
      1.2.1 general average sacrifice
      1.2.2 jettison or washing overboard
      1.2.3 entry of sea lake or river water into vessel craft hold conveyance container or place of storage,
      1.3 total loss of any package lost overboard or dropped whilst loading on to, or unloading from, vessel or craft.

      General Average
      2. This insurance covers general average and salvage charges, adjusted or determined according to the contract of carriage and/or the governing law and practice, incurred to avoid or in connection with the avoidance of loss from any cause except those excluded in Clauses 4, 5, 6 and 7 below.

      “Both to Blame Collision Clause”
      3. This insurance indemnifies the Assured, in respect of any risk insured herein, against liability incurred under any Both to Blame Collision Clause in the contract of carriage. In the event of any claim by carriers under the said Clause, the Assured agree to notify the Insurers who shall have the right, at their own cost and expense, to defend the Assured against such claim.

      EXCLUSIONS

      4. In no case shall this insurance cover
      4.1 loss damage or expense attributable to wilful misconduct of the Assured
      4.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured
      4.3 loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject- matter insured to withstand the ordinary incidents of the insured transit where such packing or preparation is carried out by the Assured or their employees or prior to the attachment of this insurance (for the purpose of these Clauses “packing” shall be deemed to include stowage in a container and “employees” shall not include independent contractors)
      4.4 loss damage or expense caused by inherent vice or nature of the subject-matter insured
      4.5 loss damage or expense caused by delay, even though the delay be caused by a risk insured against (except expenses payable under Clause 2 above)
      4.6 loss damage or expense caused by insolvency or financial default of the owners managers charterers or operators of the vessel where, at the time of loading of the subject-matter insured on board the vessel, the Assured are aware, or in the ordinary course of business should be aware, that such insolvency or financial default could prevent the normal prosecution of the voyage This exclusion shall not apply where the contract of insurance has been assigned to the party claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith under a binding
      contract
      4.7 deliberate damage to or deliberate destruction of the subject-matter insured or any part thereof by the wrongful act of any person or persons
      4.8 loss damage or expense directly or indirectly caused by or arising from the use of any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.

      5.
      5.1 In no case shall this insurance cover loss damage or expense arising from
      5.1.1 unseaworthiness of vessel or craft or unfitness of vessel or craft for the safe carriage of the subject-matter insured, where the Assured are privy to such unseaworthiness or unfitness, at the time the subject-matter insured is loaded therein
      5.1.2 unfitness of container or conveyance for the safe carriage of the subject-matter insured, where loading therein or thereon is carried out prior to attachment of this insurance or by the Assured or their employees and they are privy to such unfitness at the time of loading.
      5.2 Exclusion 5.1.1 above shall not apply where the contract of insurance has been assigned to the party claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith under a binding contract.
      5.3 The Insurers waive any breach of the implied warranties of seaworthiness of the ship and fitness of the ship to carry the subject-matter insured to destination.

      6. In no case shall this insurance cover loss damage or expense caused by
      6.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power
      6.2 capture seizure arrest restraint or detainment, and the consequences thereof or any attempt thereat
      6.3 derelict mines torpedoes bombs or other derelict weapons of war.

      7. In no case shall this insurance cover loss damage or expense
      7.1 caused by strikers, locked-out workmen, or persons taking part in labour disturbances, riots or civil commotions
      7.2 resulting from strikes, lock-outs, labour disturbances, riots or civil commotions
      7.3 caused by any act of terrorism being an act of any person acting on behalf of, or in connection with, any organisation which carries out activities directed towards the overthrowing or influencing, by force or violence, of any government whether or not legally constituted
      7.4 caused by any person acting from a political, ideological or religious motive.

      DURATION

      Transit Clause
      8.
      8.1 Subject to Clause 11 below, this insurance attaches from the time the subject-matter insured is first moved in the warehouse or at the place of storage (at the place named in the contract of insurance) for the purpose of the immediate loading into or onto the carrying vehicle or other conveyance for the commencement of transit,
      continues during the ordinary course of transit and terminates either
      8.1.1 on completion of unloading from the carrying vehicle or other conveyance in or at the final warehouse or place of storage at the destination named in the contract of insurance,
      8.1.2 on completion of unloading from the carrying vehicle or other conveyance in or at any other warehouse or place of storage, whether prior to or at the destination named in the contract of insurance, which the Assured or their employees elect to use either for storage other than in the ordinary course of transit or for allocation or distribution, or
      8.1.3 when the Assured or their employees elect to use any carrying vehicle or other conveyance or any container for storage other than in the ordinary course of transit or
      8.1.4 on the expiry of 60 days after completion of discharge overside of the subject-matter insured from the oversea vessel at the final port of discharge, whichever shall first occur.
      8.2 If, after discharge overside from the oversea vessel at the final port of discharge, but prior to termination of this insurance, the subject-matter insured is to be forwarded to a destination other than that to which it is insured, this insurance, whilst remaining subject to termination as provided in Clauses
      8.1.1 to 8.1.4, shall not extend beyond the time the subject-matter insured is first moved for the purpose of the commencement of transit to such other destination.
      8.3 This insurance shall remain in force (subject to termination as provided for in Clauses 8.1.1 to 8.1.4 above and to the provisions of Clause 9 below) during delay beyond the control of the Assured, any deviation, forced discharge, reshipment or transhipment and during any variation of the adventure arising from the exercise of a liberty granted to carriers under the contract of carriage.

      Termination of Contract of Carriage
      9. If owing to circumstances beyond the control of the Assured either the contract of carriage is terminated at a port or place other than the destination named therein or the transit is otherwise terminated before unloading of the subject-matter insured as provided for in Clause 8 above, then this insurance shall also terminate unless prompt notice is given to the Insurers and continuation of cover is requested when this insurance shall remain in force, subject to an additional premium if required by the Insurers, either
      9.1 until the subject-matter insured is sold and delivered at such port or place, or, unless otherwise specially agreed, until the expiry of 60 days after arrival of the subject-matter insured at such port or place, whichever shall first occur, or
      9.2 if the subject-matter insured is forwarded within the said period of 60 days (or any agreed extension thereof) to the destination named in the contract of insurance or to any other destination, until terminated in accordance with the provisions of Clause 8 above.

      Change of Voyage
      10.
      10.1 Where, after attachment of this insurance, the destination is changed by the Assured, this must be notified promptly to Insurers for rates and terms to be agreed. Should a loss occur prior to such agreement being obtained cover may be provided but only if cover would have been available at a reasonable commercial market rate on reasonable market terms.
      10.2 Where the subject-matter insured commences the transit contemplated by this insurance (in accordance with Clause 8.1), but, without the knowledge of the Assured or their employees the ship sails for another destination, this insurance will nevertheless be deemed to have attached at commencement of such transit

      CLAIMS

      Insurable Interest
      11.
      11.1 In order to recover under this insurance the Assured must have an insurable interest in the subject- matter insured at the time of the loss.
      11.2 Subject to Clause 11.1 above, the Assured shall be entitled to recover for insured loss occurring during the period covered by this insurance, notwithstanding that the loss occurred before the contract of insurance was concluded, unless the Assured were aware of the loss and the Insurers were
      not.

      Forwarding Charges
      12. Where, as a result of the operation of a risk covered by this insurance, the insured transit is terminated at a port or place other than that to which the subject-matter insured is covered under this insurance, the Insurers will reimburse the Assured for any extra charges properly and reasonably incurred in unloading
      storing and forwarding the subject-matter insured to the destination to which it is insured.
      This Clause 12, which does not apply to general average or salvage charges, shall be subject to the exclusions contained in Clauses 4, 5, 6 and 7 above, and shall not include charges arising from the fault negligence insolvency or financial default of the Assured or their employees.

      Constructive Total Loss
      13. No claim for Constructive Total Loss shall be recoverable hereunder unless the subject-matter insured is reasonably abandoned either on account of its actual total loss appearing to be unavoidable or because the cost of recovering, reconditioning and forwarding the subject-matter insured to the destination to which it is insured would exceed its value on arrival.

      Increased Value
      14.
      14.1 If any Increased Value insurance is effected by the Assured on the subject-matter insured under this insurance the agreed value of the subject-matter insured shall be deemed to be increased to the total amount insured under this insurance and all Increased Value insurances covering the loss, and liability under this insurance shall be in such proportion as the sum insured under this insurance bears to such total amount insured.
      In the event of claim the Assured shall provide the Insurers with evidence of the amounts insured under all other insurances.
      14.2 Where this insurance is on Increased Value the following clause shall apply:
      The agreed value of the subject-matter insured shall be deemed to be equal to the total amount insured under the primary insurance and all Increased Value insurances covering the loss and effected on the subject-matter insured by the Assured, and liability under this insurance shall be in such proportion as the sum insured under this insurance bears to such total amount insured.
      In the event of claim the Assured shall provide the Insurers with evidence of the amounts insured under all other insurances.

      BENEFIT OF INSURANCE

      15. This insurance
      15.1 covers the Assured which includes the person claiming indemnity either as the person by or on whose behalf the contract of insurance was effected or as an assignee,
      15.2 shall not extend to or otherwise benefit the carrier or other bailee.

      MINIMISING LOSSES

      Duty of Assured
      16. It is the duty of the Assured and their employees and agents in respect of loss recoverable hereunder
      16.1 to take such measures as may be reasonable for the purpose of averting or minimising such loss, and
      16.2 to ensure that all rights against carriers, bailees or other third parties are properly preserved and exercised and the Insurers will, in addition to any loss recoverable hereunder, reimburse the Assured for any charges properly and reasonably incurred in pursuance of these duties.

      Waiver
      17. Measures taken by the Assured or the Insurers with the object of saving, protecting or recovering the subject- matter insured shall not be considered as a waiver or acceptance of abandonment or otherwise prejudice the rights of either party.

      AVOIDANCE OF DELAY

      18. It is a condition of this insurance that the Assured shall act with reasonable despatch in all circumstances
      within their control.

      LAW AND PRACTICE

      19. This insurance is subject to English law and practice.

      NOTE:- Where a continuation of cover is requested under Clause 9, or a change of destination is notified under Clause 10, there is an obligation to give prompt notice to the Insurers and the right to such cover is dependent upon compliance with this obligation.

      © Copyright: 11/08 – Lloyd’s Market Association (LMA) and International Underwriting Association of London (IUA).

      CL383
      01/01/2009

  • CL 384 ICC (C) - INSTITUTE CARGO CLAUSES (C)

      RISKS COVERED

      Risks
      1. This insurance covers, except as excluded by the provisions of Clauses 4, 5, 6 and 7 below,
      1.1 loss of or damage to the subject-matter insured reasonably attributable to
      1.1.1 fire or explosion
      1.1.2 vessel or craft being stranded grounded sunk or capsized
      1.1.3 overturning or derailment of land conveyance
      1.1.4 collision or contact of vessel craft or conveyance with any external object other than water
      1.1.5 discharge of cargo at a port of distress,
      1.2 loss of or damage to the subject-matter insured caused by
      1.2.1 general average sacrifice
      1.2.2 jettison.

      General Average
      2. This insurance covers general average and salvage charges, adjusted or determined according to the contract of carriage and/or the governing law and practice, incurred to avoid or in connection with the avoidance of loss from any cause except those excluded in Clauses 4, 5, 6 and 7 below.

      “Both to Blame Collision Clause”
      3. This insurance indemnifies the Assured, in respect of any risk insured herein, against liability incurred under any Both to Blame Collision Clause in the contract of carriage. In the event of any claim by carriers under the said Clause, the Assured agree to notify the Insurers who shall have the right, at their own cost and expense, to defend the Assured against such claim.

      EXCLUSIONS

      4. In no case shall this insurance cover
      4.1 loss damage or expense attributable to wilful misconduct of the Assured
      4.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured
      4.3 loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject- matter insured to withstand the ordinary incidents of the insured transit where such packing or preparation is carried out by the Assured or their employees or prior to the attachment of this insurance (for the purpose of these Clauses “packing” shall be deemed to include stowage in a container and “employees” shall not include independent contractors)
      4.4 loss damage or expense caused by inherent vice or nature of the subject-matter insured
      4.5 loss damage or expense caused by delay, even though the delay be caused by a risk insured against (except expenses payable under Clause 2 above)
      4.6 loss damage or expense caused by insolvency or financial default of the owners managers charterers or operators of the vessel where, at the time of loading of the subject-matter insured on board the vessel, the Assured are aware, or in the ordinary course of business should be aware, that such insolvency or financial default could prevent the normal prosecution of the voyage This exclusion shall not apply where the contract of insurance has been assigned to the party claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith under a binding
      contract
      4.7 deliberate damage to or deliberate destruction of the subject-matter insured or any part thereof by the wrongful act of any person or persons
      4.8 loss damage or expense directly or indirectly caused by or arising from the use of any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.

      5.
      5.1 In no case shall this insurance cover loss damage or expense arising from
      5.1.1 unseaworthiness of vessel or craft or unfitness of vessel or craft for the safe carriage of the subject-matter insured, where the Assured are privy to such unseaworthiness or unfitness, at the time the subject-matter insured is loaded therein
      5.1.2 unfitness of container or conveyance for the safe carriage of the subject-matter insured, where loading therein or thereon is carried out prior to attachment of this insurance or by the Assured or their employees and they are privy to such unfitness at the time of loading.
      5.2 Exclusion 5.1.1 above shall not apply where the contract of insurance has been assigned to the party claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith under a binding contract.
      5.3 The Insurers waive any breach of the implied warranties of seaworthiness of the ship and fitness of the ship to carry the subject-matter insured to destination.

      6. In no case shall this insurance cover loss damage or expense caused by
      6.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power
      6.2 capture seizure arrest restraint or detainment, and the consequences thereof or any attempt thereat
      6.3 derelict mines torpedoes bombs or other derelict weapons of war.

      7. In no case shall this insurance cover loss damage or expense
      7.1 caused by strikers, locked-out workmen, or persons taking part in labour  disturbances, riots or civil commotions
      7.2 resulting from strikes, lock-outs, labour disturbances, riots or civil commotions
      7.3 caused by any act of terrorism being an act of any person acting on behalf of, or in connection with, any organisation which carries out activities directed towards the overthrowing or  influencing, by force or violence, of any government whether or not legally constituted
      7.4 caused by any person acting from a political, ideological or religious motive

      DURATION

      Transit Clause
      8.
      8.1 Subject to Clause 11 below, this insurance attaches from the time the subject-matter insured is first moved in the warehouse or at the place of storage (at the place named in the contract of insurance) for the purpose of the immediate loading into or onto the carrying vehicle or other conveyance for the commencement of transit,
      continues during the ordinary course of transit and terminates either
      8.1.1 on completion of unloading from the carrying vehicle or other conveyance in or at the final warehouse or place of storage at the destination named in the contract of insurance,
      8.1.2 on completion of unloading from the carrying vehicle or other conveyance in or at any other warehouse or place of storage, whether prior to or at the destination named in the contract of insurance, which the Assured or their employees elect to use either for storage other than in the ordinary course of transit or for allocation or distribution, or
      8.1.3 when the Assured or their employees elect to use any carrying vehicle or other conveyance or any container for storage other than in the ordinary course of transit or
      8.1.4 on the expiry of 60 days after completion of discharge overside of the subject-matter insured from the oversea vessel at the final port of discharge, whichever shall first occur.
      8.2 If, after discharge overside from the oversea vessel at the final port of discharge, but prior to termination of this insurance, the subject-matter insured is to be forwarded to a destination other than that to which it is insured, this insurance, whilst remaining subject to termination as provided in Clauses
      8.1.1 to 8.1.4, shall not extend beyond the time the subject-matter insured is first moved for the purpose of the commencement of transit to such other destination.
      8.3 This insurance shall remain in force (subject to termination as provided for in Clauses 8.1.1 to 8.1.4 above and to the provisions of Clause 9 below) during delay beyond the control of the Assured, any deviation, forced discharge, reshipment or transhipment and during any variation of the adventure arising from the exercise of a liberty granted to carriers under the contract of carriage.

      Termination of Contract of Carriage
      9. If owing to circumstances beyond the control of the Assured either the contract of carriage is terminated at a port or place other than the destination named therein or the transit is otherwise terminated before unloading of the subject-matter insured as provided for in Clause 8 above, then this insurance shall also terminate unless prompt notice is given to the Insurers and continuation of cover is requested when this insurance shall remain in force, subject to an additional premium if required by the Insurers, either
      9.1 until the subject-matter insured is sold and delivered at such port or place, or, unless otherwise specially agreed, until the expiry of 60 days after arrival of the subject-matter insured at such port or place, whichever shall first occur, or
      9.2 if the subject-matter insured is forwarded within the said period of 60 days (or any agreed extension thereof) to the destination named in the contract of insurance or to any other destination, until terminated in accordance with the provisions of Clause 8 above

      Change of Voyage
      10.
      10.1 Where, after attachment of this insurance, the destination is changed by the Assured, this must be notified promptly to Insurers for rates and terms to be agreed. Should a loss occur prior to such agreement being obtained cover may be provided but only if cover would have been available at a reasonable commercial market rate on reasonable market terms.
      10.2 Where the subject-matter insured commences the transit contemplated by this insurance (in accordance with Clause 8.1), but, without the knowledge of the Assured or their employees the ship sails for another destination, this insurance will nevertheless be deemed to have attached at commencement of such transit.

      CLAIMS

      Insurable Interest
      11.
      11.1 In order to recover under this insurance the Assured must have an insurable interest in the subject- matter insured at the time of the loss.
      11.2 Subject to Clause 11.1 above, the Assured shall be entitled to recover for insured loss occurring during the period covered by this insurance, notwithstanding that the loss occurred before the contract of insurance was concluded, unless the Assured were aware of the loss and the Insurers were not.

      Forwarding Charges
      12. Where, as a result of the operation of a risk covered by this insurance, the insured transit is terminated at a port or place other than that to which the subject-matter insured is covered under this insurance, the Insurers will reimburse the Assured for any extra charges properly and reasonably incurred in unloading storing and forwarding the subject-matter insured to the destination to which it is insured.
      This Clause 12, which does not apply to general average or salvage charges, shall be subject to the exclusions contained in Clauses 4, 5, 6 and 7 above, and shall not include charges arising from the fault negligence insolvency or financial default of the Assured or their employees.

      Constructive Total Loss
      13. No claim for Constructive Total Loss shall be recoverable hereunder unless the subject-matter insured is reasonably abandoned either on account of its actual total loss appearing to be unavoidable or because the cost of recovering, reconditioning and forwarding the subject-matter insured to the destination to which it is insured would exceed its value on arrival.

      Increased Value
      14.
      14.1 If any Increased Value insurance is effected by the Assured on the subject-matter insured under this insurance the agreed value of the subject-matter insured shall be deemed to be increased to the total amount insured under this insurance and all Increased Value insurances covering the loss, and liability under this insurance shall be in such proportion as the sum insured under this insurance bears to such total amount insured. In the event of claim the Assured shall provide the Insurers with evidence of the amounts insured under all other insurances.
      14.2 Where this insurance is on Increased Value the following clause shall apply:
      The agreed value of the subject-matter insured shall be deemed to be equal to the total amount insured under the primary insurance and all Increased Value insurances covering the loss and effected on the subject-matter insured by the Assured, and liability under this insurance shall be in such proportion as the sum insured under this insurance bears to such total amount insured. In the event of claim the Assured shall provide the Insurers with evidence of the amounts insured
      under all other insurances.

      BENEFIT OF INSURANCE

      15. This insurance
      15.1 covers the Assured which includes the person claiming indemnity either as the person by or on whose behalf the contract of insurance was effected or as an assignee,
      15.2 shall not extend to or otherwise benefit the carrier or other bailee.

      MINIMISING LOSSES

      Duty of Assured
      16. It is the duty of the Assured and their employees and agents in respect of loss recoverable hereunder
      16.1 to take such measures as may be reasonable for the purpose of averting or  minimising such loss, and
      16.2 to ensure that all rights against carriers, bailees or other third parties are properly preserved and exercised and the Insurers will, in addition to any loss recoverable hereunder, reimburse the Assured for any charges properly and reasonably incurred in pursuance of these duties.

      Waiver
      17. Measures taken by the Assured or the Insurers with the object of saving, protecting or recovering the subject- matter insured shall not be considered as a waiver or acceptance of abandonment or otherwise prejudice the rights of either party.

      AVOIDANCE OF DELAY

      18. It is a condition of this insurance that the Assured shall act with reasonable despatch in all circumstances within their control.

      LAW AND PRACTICE

      19. This insurance is subject to English law and practice.

      NOTE:- Where a continuation of cover is requested under Clause 9, or a change of destination is notified under Clause 10, there is an obligation to give prompt notice to the Insurers and the right to such cover is dependent upon compliance with this obligation.

      © Copyright: 11/08 – Lloyd’s Market Association (LMA) and International Underwriting Association of London (IUA).

      CL384
      01/01/2009

  • CL 385 War (Cargo) - INSTITUTE WAR CLAUSES (CARGO)

      RISKS COVERED

      Risks
      1. This insurance covers, except as excluded by the provisions of Clauses 3 and 4 below, loss of or damage to the subject-matter insured caused by
      1.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power
      1.2 capture seizure arrest restraint or detainment, arising from risks covered under 1.1 above, and the consequences thereof or any attempt thereat
      1.3 derelict mines torpedoes bombs or other derelict weapons of war.

      General Average
      2. This insurance covers general average and salvage charges, adjusted or determined according to the contract of carriage and/or the governing law and practice, incurred to avoid or in connection with the avoidance of loss from a risk covered under these Clauses.

      EXCLUSIONS

      3. In no case shall this insurance cover
      3.1 loss damage or expense attributable to wilful misconduct of the Assured
      3.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured
      3.3 loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject-matter insured to withstand the ordinary incidents of the insured transit where such packing or preparation is carried out by the Assured or their employees or prior to the attachment of this insurance (for the purpose of these Clauses “packing” shall be deemed to include stowage in a container and “employees” shall not include independent contractors)
      3.4 loss damage or expense caused by inherent vice or nature of the subject-matter insured
      3.5 loss damage or expense caused by delay, even though the delay be caused by a risk insured against (except expenses payable under Clause 2 above)
      3.6 loss damage or expense caused by insolvency or financial default of the owners managers charterers or operators of the vessel where, at the time of loading of the subject-matter insured on board the vessel, the Assured are aware, or in the ordinary course of business should be aware, that such insolvency or financial default could prevent the normal prosecution of the voyage
      This exclusion shall not apply where the contract of insurance has been assigned to the party claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith under a binding contract
      3.7 any claim based upon loss of or frustration of the voyage or adventure
      3.8 loss damage or expense directly or indirectly caused by or arising from any hostile use of any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.

      4.
      4.1 In no case shall this insurance cover loss damage or expense arising from
      4.1.1 unseaworthiness of vessel or craft or unfitness of vessel or craft for the safe carriage of the subject-matter insured, where the Assured are privy to such unseaworthiness or unfitness, at the time the subject-matter insured is loaded therein
      4.1.2 unfitness of container or conveyance for the safe carriage of the subject-matter insured, where loading therein or thereon is carried out prior to attachment of this insurance or by the Assured or their employees and they are privy to such unfitness at the time of loading.
      4.2 Exclusion 4.1.1 above shall not apply where the contract of insurance has been assigned to the party claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith under a binding contract.
      4.3 The Insurers waive any breach of the implied warranties of seaworthiness of the ship and fitness of the ship to carry the subject-matter insured to destination.

      DURATION

      Transit Clause
      5.
      5.1 This insurance
      5.1.1 attaches only as the subject-matter insured and as to any part as that part is loaded on an oversea vessel and
      5.1.2 terminates, subject to 5.2 and 5.3 below, either as the subject-matter insured and as to any part as that part is discharged from an oversea vessel at the final port or place of discharge, or on expiry of 15 days counting from midnight of the day of arrival of the vessel at the final port or place of discharge, whichever shall first occur; nevertheless, subject to prompt notice to the Insurers and to an additional premium,
      such insurance
      5.1.3 reattaches when, without having discharged the subject-matter insured at the final port or place of discharge, the vessel sails therefrom, and
      5.1.4 terminates, subject to 5.2 and 5.3 below, either as the subject-matter insured and as to any part as that part is thereafter discharged from the vessel at the final (or substituted) port or place of discharge, or on expiry of 15 days counting from midnight of the day of re-arrival of the vessel at the final port or place of discharge or arrival of the vessel at a substituted port or place of discharge, whichever shall first occur.
      5.2 If during the insured voyage the oversea vessel arrives at an intermediate port or place to discharge the subject-matter insured for on-carriage by oversea vessel or by aircraft, or the subject-matter insured is discharged from the vessel at a port or place of refuge, then, subject to 5.3 below and to an additional premium if required, this insurance continues until the expiry of 15 days counting from midnight of the day of arrival of the vessel at such port or place, but thereafter reattaches as the subject-matter insured and as to any part as that part is loaded on an on-carrying oversea vessel or aircraft. During the period of 15 days the insurance remains in force after discharge only whilst the subject-matter insured and as to any part as that part is at such port or place. If the subject-matter insured is on- carried within the said period of 15 days or if the insurance reattaches as provided in this Clause 5.2
      5.2.1 where the on-carriage is by oversea vessel this insurance continues subject to the terms of these Clauses, or
      5.2.2 where the on-carriage is by aircraft, the current Institute War Clauses (Air Cargo) (excluding sendings by Post) shall be deemed to form part of the contract of insurance and shall apply to the on-carriage by air.
      5.3 If the voyage in the contract of carriage is terminated at a port or place other than the destination agreed therein, such port or place shall be deemed the final port of discharge and this insurance terminates in accordance with 5.1.2. If the subject-matter insured is subsequently reshipped to the original or any other destination, then provided notice is given to the Insurers before the commencement of such further transit and subject to an additional premium, this insurance reattaches
      5.3.1 in the case of the subject-matter insured having been discharged, as the subject-matter insured and as to any part as that part is loaded on the on-carrying vessel for the voyage;
      5.3.2 in the case of the subject-matter not having been discharged, when the vessel sails from such deemed final port of discharge; thereafter this insurance terminates in accordance with 5.1.4.
      5.4 The insurance against the risks of mines and derelict torpedoes, floating or submerged, is extended whilst the subject-matter insured or any part thereof is on craft whilst in transit to or from the oversea vessel, but in no case beyond the expiry of 60 days after discharge from the oversea vessel unless otherwise specially agreed by the Insurers.
      5.5 Subject to prompt notice to Insurers, and to an additional premium if required,
      this insurance shall remain in force within the provisions of these Clauses during any deviation, or any variation of the adventure arising from the exercise of a liberty granted to carriers under the contract of carriage. (For the purpose of Clause 5 “arrival” shall be deemed to mean that the vessel is anchored, moored or otherwise secured at a berth or place within the Harbour Authority area. If such a berth or place is not available, arrival is deemed to have occurred when the vessel first anchors, moors or otherwise secures either at or off the intended port or place of discharge “oversea vessel” shall be deemed to mean a vessel carrying the subject-matter from one port or place to another where such voyage involves a sea passage by that vessel)

      Change of Voyage
      6.
      6.1 Where, after attachment of this insurance, the destination is changed by the Assured, this must be notified promptly to Insurers for rates and terms to be agreed. Should a loss occur prior to such agreement being obtained cover may be provided but only if cover would have been available at a reasonable commercial market rate on reasonable market terms.
      6.2 Where the subject-matter insured commences the transit contemplated by this insurance (in accordance with Clause 5.1), but, without the knowledge of the Assured or their employees the ship sails for another destination, this insurance will nevertheless be deemed to have attached at commencement of such transit.

      7. Anything contained in this contract which is inconsistent with Clauses 3.7, 3.8 or 5 shall, to the extent of such inconsistency, be null and void.

      CLAIMS

      Insurable Interest
      8.
      8.1 In order to recover under this insurance the Assured must have an insurable interest in the subject- matter insured at the time of the loss.
      8.2 Subject to Clause 8.1 above, the Assured shall be entitled to recover for insured loss occurring during the period covered by this insurance, notwithstanding that the loss occurred before the contract of insurance was concluded, unless the Assured were aware of the loss and the Insurers were not.

      Increased Value
      9.
      9.1 If any Increased Value insurance is effected by the Assured on the subject-matter insured under this insurance the agreed value of the subject-matter insured shall be deemed to be increased to the total amount insured under this insurance and all Increased Value insurances covering the loss, and liability under this insurance shall be in such proportion as the sum insured under this insurance bears to such total amount insured.
      In the event of claim the Assured shall provide the Insurers with evidence of the amounts insured under all other insurances.
      9.2 Where this insurance is on Increased Value the following clause shall apply:
      The agreed value of the subject-matter insured shall be deemed to be equal to the total amount insured under the primary insurance and all Increased Value insurances covering the loss and effected on the subject-matter insured by the Assured, and liability under this insurance shall be in such proportion as the sum insured under this insurance bears to such total amount insured.
      In the event of claim the Assured shall provide the Insurers with evidence of the amounts insured under all other insurances.

      BENEFIT OF INSURANCE

      10. This insurance
      10.1 covers the Assured which includes the person claiming indemnity either as the person by or on whose behalf the contract of insurance was effected or as an assignee,
      10.2 shall not extend to or otherwise benefit the carrier or other bailee.

      MINIMISING LOSSES

      Duty of Assured
      11. It is the duty of the Assured and their employees and agents in respect of loss recoverable hereunder
      11.1 to take such measures as may be reasonable for the purpose of averting or  minimising such loss, and
      11.2 to ensure that all rights against carriers, bailees or other third parties are properly preserved and exercised and the Insurers will, in addition to any loss recoverable hereunder, reimburse the Assured for any charges properly and reasonably incurred in pursuance of these duties.

      Waiver
      12. Measures taken by the Assured or the Insurers with the object of saving, protecting or recovering the subject-matter insured shall not be considered as a waiver or acceptance of abandonment or otherwise prejudice the rights of either party.

      AVOIDANCE OF DELAY

      13. It is a condition of this insurance that the Assured shall act with reasonable despatch in all circumstances within their control.

      LAW AND PRACTICE

      14. This insurance is subject to English law and practice.

      NOTE:- Where a reattachment of cover is requested under Clause 5, or a change of destination is notified under Clause 6, there is an obligation to give prompt notice to the Insurers and the right to such cover is dependent upon compliance with this obligation.

      © Copyright: 11/08 – Lloyd’s Market Association (LMA) and International Underwriting Association of London (IUA).

      CL385
      01/01/2009

  • CL 386 Strikes (Cargo) - NSTITUTE STRIKES CLAUSES (CARGO)

      RISKS COVERED

      Risks
      1. This insurance covers, except as excluded by the provisions of Clauses 3 and 4 below, loss of or damage to the subject-matter insured caused by
      1.1 strikers, locked-out workmen, or persons taking part in labour disturbances, riots or civil commotions
      1.2 any act of terrorism being an act of any person acting on behalf of, or in connection with, any organisation which carries out activities directed towards the overthrowing or influencing, by force or violence, of any government whether or not legally constituted
      1.3 any person acting from a political, ideological or religious motive.

      General Average
      2. This insurance covers general average and salvage charges, adjusted or determined according to the contract of carriage and/or the governing law and practice, incurred to avoid or in connection with the avoidance of loss from a risk covered under these Clauses.

      EXCLUSIONS

      3. In no case shall this insurance cover
      3.1 loss damage or expense attributable to wilful misconduct of the Assured
      3.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured
      3.3 loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject- matter insured to withstand the ordinary incidents of the insured transit where such packing or preparation is carried out by the Assured or their employees or prior to the attachment of this insurance (for the purpose of this Clause 3.3 “packing” shall be deemed to include stowage in a container and “employees” shall not include independent contractors)
      3.4 loss damage or expense caused by inherent vice or nature of the subject-matter insured
      3.5 loss damage or expense caused by delay, even though the delay be caused by a risk insured against (except expenses payable under Clause 2 above)
      3.6 loss damage or expense caused by insolvency or financial default of the owners managers charterers or operators of the vessel where, at the time of loading of the subject-matter insured on board the vessel, the Assured are aware, or in the ordinary course of business should be aware, that such insolvency or financial default could prevent the normal prosecution of the voyage
      This exclusion shall not apply where the contract of insurance has been assigned to the party claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith under a binding contract
      3.7 loss damage or expense arising from the absence shortage or withholding of labour of any description whatsoever resulting from any strike, lockout, labour disturbance, riot or civil commotion
      3.8 any claim based upon loss of or frustration of the voyage or adventure
      3.9 loss damage or expense directly or indirectly caused by or arising from the use of any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter
      3.10 loss damage or expense caused by war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power

      4.
      4.1 In no case shall this insurance cover loss damage or expense arising from
      4.1.1 unseaworthiness of vessel or craft or unfitness of vessel or craft for the safe carriage of the subject-matter insured, where the Assured are privy to such unseaworthiness or unfitness, at the time the subject-matter insured is loaded therein
      4.1.2 unfitness of container or conveyance for the safe carriage of the subject-matter insured, where loading therein or thereon is carried out prior to attachment of this insurance or by the Assured or their employees and they are privy to such unfitness at the time of loading.
      4.2 Exclusion 4.1.1 above shall not apply where the contract of insurance has been assigned to the party claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith under a binding contract.
      4.3 The Insurers waive any breach of the implied warranties of seaworthiness of the ship and fitness of the ship to carry the subject-matter insured to destination.

      DURATION

      Transit Clause
      5.
      5.1 Subject to Clause 8 below, this insurance attaches from the time the subject-matter insured is first moved in the warehouse or at the place of storage (at the place named in the contract of insurance) for the purpose of the immediate loading into or onto the carrying vehicle or other conveyance for the commencement of transit, continues during the ordinary course of transit and terminates either
      5.1.1 on completion of unloading from the carrying vehicle or other conveyance in or at the final warehouse or place of storage at the destination named in the contract of insurance,
      5.1.2 on completion of unloading from the carrying vehicle or other conveyance in or at any other warehouse or place of storage, whether prior to or at the destination named in the contract of insurance, which the Assured or their employees elect to use either for storage other than in the ordinary course of transit or for allocation or distribution, or
      5.1.3 when the Assured or their employees elect to use any carrying vehicle or other conveyance or any container for storage other than in the ordinary course of transit or
      5.1.4 on the expiry of 60 days after completion of discharge overside of the subject-matter insured from the oversea vessel at the final port of discharge, whichever shall first occur.
      5.2 If, after discharge overside from the oversea vessel at the final port of discharge, but prior to termination of this insurance, the subject-matter insured is to be  forwarded to a destination other than that to which it is insured, this insurance, whilst remaining subject to termination as provided in Clauses 5.1.1 to 5.1.4, shall not extend beyond the time the subject-matter insured is first moved for the purpose of the commencement of transit to such other destination.
      5.3 This insurance shall remain in force (subject to termination as provided for in Clauses 5.1.1 to 5.1.4 above and to the provisions of Clause 6 below) during delay beyond the control of the Assured, any deviation, forced discharge, reshipment or transhipment and during any variation of the adventure arising from the exercise of a liberty granted to carriers under the contract of carriage.

      Termination of Contract of Carriage
      6. If owing to circumstances beyond the control of the Assured either the contract of carriage is terminated at a port or place other than the destination named therein or the transit is otherwise terminated before unloading of the subject-matter insured as provided for in Clause 5 above, then this insurance shall also terminate unless
      prompt notice is given to the Insurers and continuation of cover is requested when this insurance shall remain in force, subject to an additional premium if required by the Insurers, either
      6.1 until the subject-matter insured is sold and delivered at such port or place, or, unless otherwise specially agreed, until the expiry of 60 days after arrival of the subject-matter insured at such port or place, whichever shall first occur, or
      6.2 if the subject-matter insured is forwarded within the said period of 60 days (or any agreed extension thereof) to the destination named in the contract of insurance or to any other destination, until terminated in accordance with the provisions of Clause 5 above.

      Change of Voyage
      7.
      7.1 Where, after attachment of this insurance, the destination is changed by the Assured, this must be notified promptly to Insurers for rates and terms to be agreed. Should a loss occur prior to such agreement being obtained cover may be provided but only if cover would have been available at a reasonable commercial market rate on reasonable market terms.
      7.2 Where the subject-matter insured commences the transit contemplated by this insurance (in accordance with Clause 5.1), but, without the knowledge of the Assured or their employees the ship sails for another destination, this insurance will nevertheless be deemed to have attached at commencement of such transit.

      CLAIMS

      Insurable Interest
      8.
      8.1 In order to recover under this insurance the Assured must have an insurable interest in the subject- matter insured at the time of the loss.
      8.2 Subject to Clause 8.1 above, the Assured shall be entitled to recover for insured loss occurring during the period covered by this insurance, notwithstanding that the loss occurred before the contract of insurance was concluded, unless the Assured were aware of the loss and the Insurers were not.

      Increased Value
      9.
      9.1 If any Increased Value insurance is effected by the Assured on the subject-matter insured under this insurance the agreed value of the subject-matter insured shall be deemed to be increased to the total amount insured under this insurance and all Increased Value insurances covering the loss, and liability under this insurance shall be in such proportion as the sum insured under this insurance bears to such total amount insured.
      In the event of claim the Assured shall provide the Insurers with evidence of the amounts insured under all other insurances.
      9.2 Where this insurance is on Increased Value the following clause shall apply:
      The agreed value of the subject-matter insured shall be deemed to be equal to the total amount insured under the primary insurance and all Increased Value insurances covering the loss and effected on the subject-matter insured by the Assured, and liability under this insurance shall be in such proportion as the sum insured under this insurance bears to such total amount insured.
      In the event of claim the Assured shall provide the Insurers with evidence of the amounts insured under all other insurances.

      BENEFIT OF INSURANCE

      10. This insurance
      10.1 covers the Assured which includes the person claiming indemnity either as the person by or on whose behalf the contract of insurance was effected or as an assignee,
      10.2 shall not extend to or otherwise benefit the carrier or other bailee.

      MINIMISING LOSSES

      Duty of Assured
      11. It is the duty of the Assured and their employees and agents in respect of loss recoverable hereunder
      11.1 to take such measures as may be reasonable for the purpose of averting or  minimising such loss, and
      11.2 to ensure that all rights against carriers, bailees or other third parties are properly preserved and exercised and the Insurers will, in addition to any loss recoverable hereunder, reimburse the Assured for any charges properly and reasonably incurred in pursuance of these duties.

      Waiver
      12. Measures taken by the Assured or the Insurers with the object of saving, protecting or recovering the subject- matter insured shall not be considered as a waiver or acceptance of abandonment or otherwise prejudice the rights of either party.

      AVOIDANCE OF DELAY

      13. It is a condition of this insurance that the Assured shall act with reasonable despatch in all circumstances within their control.

      LAW AND PRACTICE

      14. This insurance is subject to English law and practice.

      NOTE:- Where a continuation of cover is requested under Clause 6, or a change of destination is notified under Clause 7, there is an obligation to give prompt notice to the Insurers and the right to such cover is dependent upon compliance with this obligation.

      © Copyright: 11/08 – Lloyd’s Market Association (LMA) and International Underwriting Association of London (IUA).

      CL386
      01/01/2009

  • CL 387 Institute Cargo Clauses (Air) - INSTITUTE CARGO CLAUSES (AIR)

      (excluding sendings by Post)

      RISKS COVERED

      Risks
      1. This insurance covers all risks of loss of or damage to the subject-matter insured except as excluded by the provisions of Clauses 3, 4 and 5 below.

      Salvage Charges
      2. This insurance covers salvage charges incurred to avoid or in connection with the avoidance of loss from any cause except those excluded in Clauses 3, 4 and 5 below.

      EXCLUSIONS

      3. In no case shall this insurance cover
      3.1 loss damage or expense attributable to wilful misconduct of the Assured
      3.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured
      3.3 loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject- matter insured to withstand the ordinary incidents of the insured transit where such packing or preparation is carried out by the Assured or their employees or prior to the attachment of this insurance (for the purpose of these Clauses “packing” shall be deemed to include stowage in a container and “employees” shall not include independent contractors)
      3.4 loss damage or expense caused by inherent vice or nature of the subject-matter insured
      3.5 loss damage or expense arising from unfitness of aircraft conveyance or container for the safe carriage of the subject-matter insured, where loading therein or thereon is carried out prior to attachment of this insurance or by the Assured or their employees and they are privy to such unfitness at the time of loading. This exclusion shall not apply where the contract of insurance has been assigned to the party claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith under a binding contract.
      3.6 loss damage or expense caused by delay, even though the delay be caused by a risk insured against
      3.7 loss damage or expense caused by insolvency or financial default of the owners managers charterers or operators of the aircraft where, at the time of loading of the subject-matter insured on board the aircraft, the Assured are aware, or in the ordinary course of business should be aware, that such insolvency or financial default could prevent the normal prosecution of the transit
      This exclusion shall not apply where the contract of insurance has been assigned to the party claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith under a binding contract
      3.8 loss damage or expense directly or indirectly caused by or arising from the use of any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.

      4. In no case shall this insurance cover loss damage or expense caused by
      4.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power
      4.2 capture seizure arrest restraint or detainment (piracy excepted), and the consequences thereof or any attempt thereat
      4.3 derelict mines torpedoes bombs or other derelict weapons of war.

      5. In no case shall this insurance cover loss damage or expense
      5.1 caused by strikers, locked-out workmen, or persons taking part in labour disturbances, riots or civil commotions
      5.2 resulting from strikes, lock-outs, labour disturbances, riots or civil commotions
      5.3 caused by any act of terrorism being an act of any person acting on behalf of, or in connection with, any organisation which carries out activities directed towards the overthrowing or influencing, by force or violence, of any government whether or not legally constituted
      5.4 caused by any person acting from a political, ideological or religious motive.

      DURATION

      Transit Clause
      6.
      6.1 Subject to Clause 9 below, this insurance attaches from the time the subject-matter insured is first moved in the warehouse, premises or at the place of storage (at the place named in the contract of insurance) for the purpose of the immediate loading into or onto the carrying vehicle or other conveyance for the commencement of transit, continues during the ordinary course of transit and terminates either
      6.1.1 on completion of unloading from the carrying vehicle or other conveyance in or at the final warehouse, premises or place of storage at the destination named in the contract of insurance,
      6.1.2 on completion of unloading from the carrying vehicle or other conveyance in or at any other warehouse, premises or place of storage, whether prior to or at the destination named in the contract of insurance, which the Assured or their employees elect to use either for storage other than in the ordinary course of transit or for allocation or distribution, or
      6.1.3 when the Assured or their employees elect to use any carrying vehicle or other conveyance or any container for storage other than in the ordinary course of transit or

      6.1.4 on the expiry of 30 days after completion of unloading of the subject-matter insured from the aircraft at the final place of discharge, whichever shall first occur.
      6.2 If, after unloading from the aircraft at the final place of discharge, but prior to termination of this insurance, the subject-matter insured is to be forwarded to a destination other than that to which it is insured, this insurance, whilst remaining subject to termination as provided in Clauses 6.1.1 to 6.1.4, shall not extend beyond the time the subject-matter insured is first moved for the purpose of the commencement of transit to such other destination.
      6.3 This insurance shall remain in force (subject to termination as provided for in Clauses 6.1.1 to 6.1.4 above and to the provisions of Clause 7 below) during delay beyond the control of the Assured, any deviation, forced discharge, reshipment or transhipment and during any variation of the adventure arising from the exercise of a liberty granted to the air carriers under the contract of carriage.

      Termination of Contract of Carriage
      7. If owing to circumstances beyond the control of the Assured either the contract of carriage is terminated at a place other than the destination named therein or the transit is otherwise terminated before unloading of the subject-matter insured as provided for in Clause 6 above, then this insurance shall also terminate unless prompt notice is given to the Insurers and continuation of cover is requested when this insurance shall remain in force, subject to an additional premium if required by the Insurers, either
      7.1 until the subject-matter insured is sold and delivered at such place, or, unless otherwise specially agreed, until the expiry of 30 days after arrival of the subject-matter insured at such place, whichever shall first occur, or
      7.2 if the subject-matter insured is forwarded within the said period of 30 days (or any agreed extension thereof) to the destination named in the contract of insurance or to any other destination, until terminated in accordance with the provisions of Clause 6 above.

      Change of Transit
      8.
      8.1 Where, after attachment of this insurance, the destination is changed by the Assured, this must be notified promptly to Insurers for rates and terms to be agreed. Should a loss occur prior to such agreement being obtained cover may be provided but only if cover would have been available at a reasonable commercial market rate on reasonable market terms.
      8.2 Where the subject-matter insured commences the transit contemplated by this insurance (in accordance with Clause 6.1), but, without the knowledge of the Assured or their employees the aircraft leaves for another destination, this insurance will nevertheless be deemed to have attached at commencement of such transit.

      CLAIMS

      Insurable Interest
      9.
      9.1 In order to recover under this insurance the Assured must have an insurable interest in the subject- matter insured at the time of the loss.
      9.2 Subject to Clause 9.1 above, the Assured shall be entitled to recover for insured loss occurring during the period covered by this insurance, notwithstanding that the loss occurred before the contract of insurance was concluded, unless the Assured were aware of the loss and the Insurers were not.

      Forwarding Charges
      10. Where, as a result of the operation of a risk covered by this insurance, the insured transit is terminated at a place other than that to which the subject-matter insured is covered under this insurance, the Insurers will reimburse the Assured for any extra charges properly and reasonably incurred in unloading storing and forwarding the subject-matter insured to the destination to which it is insured.
      This Clause 10, which does not apply to salvage charges, shall be subject to the exclusions contained in Clauses 3, 4 and 5 above, and shall not include charges arising from the fault negligence insolvency or financial default of the Assured or their employees.

      Constructive Total Loss
      11. No claim for Constructive Total Loss shall be recoverable hereunder unless the subject-matter insured is reasonably abandoned either on account of its actual total loss appearing to be unavoidable or because the cost of recovering, reconditioning and forwarding the subject-matter insured to the destination to which it is insured would exceed its value on arrival.

      Increased Value
      12.
      12.1 If any Increased Value insurance is effected by the Assured on the subject-matter insured under this insurance the agreed value of the subject-matter insured shall be deemed to be increased to the total amount insured under this insurance and all Increased Value insurances covering the loss, and liability under this insurance shall be in such proportion as the sum insured under this insurance bears to such total amount insured.
      In the event of claim the Assured shall provide the Insurers with evidence of the amounts insured under all other insurances.
      12.2 Where this insurance is on Increased Value the following clause shall apply:
      The agreed value of the subject-matter insured shall be deemed to be equal to the total amount insured under the primary insurance and all Increased Value insurances covering the loss and effected on the subject-matter insured by the Assured, and liability under this insurance shall be in such proportion as the sum insured under this insurance bears to such total amount insured.
      In the event of claim the Assured shall provide the Insurers with evidence of the amounts insured under all other insurances.

      BENEFIT OF INSURANCE

      13. This insurance
      13.1 covers the Assured which includes the person claiming indemnity either as the person by or on whose behalf the contract of insurance was effected or as an assignee,
      13.2 shall not extend to or otherwise benefit the carrier or other bailee.

      MINIMISING LOSSES

      Duty of Assured
      14. It is the duty of the Assured and their employees and agents in respect of loss recoverable hereunder
      14.1 to take such measures as may be reasonable for the purpose of averting or minimising such loss, and
      14.2 to ensure that all rights against carriers, bailees or other third parties are properly preserved and exercised and the Insurers will, in addition to any loss recoverable hereunder, reimburse the Assured for any charges properly and reasonably incurred in pursuance of these duties.
      Waiver
      15. Measures taken by the Assured or the Insurers with the object of saving, protecting or recovering the subject-matter insured shall not be considered as a waiver or acceptance of abandonment or otherwise prejudice the rights of either party.

      AVOIDANCE OF DELAY

      16. It is a condition of this insurance that the Assured shall act with reasonable despatch in all circumstances within their control.

      LAW AND PRACTICE

      17. This insurance is subject to English law and practice.

      NOTE:- Where a continuation of cover is requested under Clause 7, or a change of destination is notified under

      prompt notice to the Insurers and the right to such cover is dependent upon compliance with this obligation.

      © Copyright: 12/08 – Lloyd’s Market Association (LMA) and International Underwriting Association of London (IUA).

      CL387
      01/01/2009

  • CL 388 War (Air) - INSTITUTE WAR CLAUSES (AIR CARGO) (excluding sendings by Post)

      RISKS COVERED

      Risks
      1. This insurance covers, except as excluded by the provisions of Clause 3 below, loss of or damage to the subject-matter insured caused by

      1. 1.1  war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power
      2. 1.2  capture seizure arrest restraint or detainment, arising from risks covered under 1.1 above, and the consequences thereof or any attempt thereat
      3. 1.3  derelict mines torpedoes bombs or other derelict weapons of war.

      Salvage Charges
      2.This insurance covers salvage charges, incurred to avoid or in connection with the avoidance of loss from any cause except those excluded in Clause 3 below.

      EXCLUSIONS

      3. In no case shall this insurance cover
      3.1 loss damage or expense attributable to wilful misconduct of the Assured
      3.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured
      3.3 loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject-matter insured to withstand the ordinary incidents of the insured transit where such packing or preparation is carried out by the Assured or their employees or prior to the attachment of this insurance (for the purpose of these Clauses “packing” shall be deemed to include stowage in a container and “employees” shall not include independent contractors)
      3.4 loss damage or expense caused by inherent vice or nature of the subject-matter insured
      3.5 loss damage or expense arising from unfitness of aircraft conveyance or container for the safe carriage of the subject-matter insured, where loading therein or thereon is carried out prior to attachment of this insurance or by the Assured or their employees and they are privy to such unfitness at the time of loading.
      This exclusion shall not apply where the contract of insurance has been assigned to the party claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith under a binding contract.
      3.6 loss damage or expense caused by delay, even though the delay be caused by a risk insured against
      3.7 loss damage or expense caused by insolvency or financial default of the owners managers charterers or operators of the aircraft where, at the time of loading of the subject-matter insured on board the aircraft, the Assured are aware, or in the ordinary course of business should be aware, that such insolvency or financial default could prevent the normal prosecution of the transit.
      This exclusion shall not apply where the contract of insurance has been assigned to the party claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith under a binding contract
      3.8 any claim based upon loss of or frustration of the transit or adventure
      3.9 loss damage or expense directly or indirectly caused by or arising from any hostile use of any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.

      DURATION

      Transit Clause
      4.
      4.1 This insurance
      4.1.1 attaches only as the subject-matter insured and as to any part as that part is loaded on the aircraft for the commencement of the air transit insured
      and
      4.1.2 terminates, subject to 4.2 and 4.3 below, either as the subject-matter insured and as to any part as that part is discharged from the aircraft at the final place of discharge
      or
      on expiry of 15 days counting from midnight of the day of arrival of the aircraft at the final place of discharge,
      whichever shall first occur;
      nevertheless,
      subject to prompt notice to the Insurers and to an additional premium, such insurance
      4.1.3 reattaches when, without having discharged the subject-matter insured at the final place of discharge, the aircraft departs therefrom,
      and

      4.1.4 terminates, subject to 4.2 and 4.3 below, either as the subject-matter insured and as to any part as that part is thereafter discharged from the aircraft at the final (or substituted) place of discharge,
      or

      on expiry of 15 days counting from midnight of the day of re-arrival of the aircraft at the final place of discharge or arrival of the aircraft at a substituted place of discharge,
      whichever shall first occur.
      4.2  If during the insured transit the aircraft arrives at an intermediate place to discharge the subject- matter insured for on-carriage by aircraft or oversea vessel, then, subject to 4.3 below and to an additional premium if required, this insurance continues until the expiry of 15 days counting from midnight of the day of arrival of the aircraft at such place, but thereafter reattaches as the subject-matter insured and as to any part as that part is loaded on an on-carrying aircraft or oversea vessel. During the period of 15 days the insurance remains in force after discharge only whilst the subject-matter insured and as to any part as that part is at such intermediate place. If the subject-matter insured is on-carried within the said period of 15 days or if the insurance reattaches as provided in this Clause 4.2
      4.2.1  where the on-carriage is by aircraft this insurance continues subject to the terms of these Clauses,
      or
      4.2.2  where the on-carriage is by oversea vessel, the current Institute War Clauses (Cargo) shall be deemed to form part of the contract of insurance and shall apply to the on-carriage by sea.
      4.3  If the air transit in the contract of carriage is terminated at a place other than the destination agreed therein, that place shall be deemed to be the final place of discharge and this insurance terminates in accordance with 4.1.2. If the subject-matter insured is subsequently consigned to the original or any other destination, then, provided notice is given to the Insurers before the commencement of such further transit and subject to an additional premium, this insurance reattaches
      4.3.1  in the case of the subject-matter insured having been discharged, as the subject-matter insured and as to any part as that part is loaded on the on-carrying aircraft for the transit;
      4.3.2  in the case of the subject-matter insured not having been discharged, when the aircraft departs from such deemed final place of discharge;
      thereafter this insurance terminates in accordance with 4.1.4.
      4.4  Subject to prompt notice to Insurers, and to an additional premium if required, this insurance shall remain in force within the provisions of these Clauses during any deviation, or any variation of the adventure arising from the exercise of a liberty granted to the air carriers under the contract of carriage.

      (For the purpose of Clause 4 “oversea vessel” shall be deemed to mean a vessel carrying the subject-matter from one port or place to another where such voyage involves a sea passage by that vessel)

      Change of Transit
      5.
      5.1 Where, after attachment of this insurance, the destination is changed by the Assured, this must be notified promptly to Insurers for rates and terms to be agreed. Should a loss occur prior to such agreement being obtained cover may be provided but only if cover would have been available at a reasonable commercial market rate on reasonable market terms.
      5.2 Where the subject-matter insured commences the transit contemplated by this insurance (in accordance with Clause 4.1), but, without the knowledge of the Assured or their employees the aircraft leaves for another destination, this insurance will nevertheless be deemed to have attached at commencement of such transit.

      6. Anything contained in this contract which is inconsistent with Clauses 3.8, 3.9 or 4 shall, to the extent of such inconsistency, be null and void.

      CLAIMS

      Insurable Interest
      7.
      7.1 In order to recover under this insurance the Assured must have an insurable interest in the subjectmatter insured at the time of the loss.
      7.2 Subject to Clause 7.1 above, the Assured shall be entitled to recover for insured loss occurring during the period covered by this insurance, notwithstanding that the loss occurred before the contract of insurance was concluded, unless the Assured were aware of the loss and the Insurers were not.

      Increased Value
      8.
      8.1 If any Increased Value insurance is effected by the Assured on the subject-matter insured under this insurance the agreed value of the subject-matter insured shall be deemed to be increased to the total amount insured under this insurance and all Increased Value insurances covering the loss, and liability under this insurance shall be in such proportion as the sum insured under this insurance bears to such total amount insured.
      In the event of claim the Assured shall provide the Insurers with evidence of the amounts insured under all other insurances.

      8.2 Where this insurance is on Increased Value the following clause shall apply:
      The agreed value of the subject-matter insured shall be deemed to be equal to the total amount insured under the primary insurance and all Increased Value insurances covering the loss and effected on the subject-matter insured by the Assured, and liability under this insurance shall be in such proportion as the sum insured under this insurance bears to such total amount insured.
      In the event of claim the Assured shall provide the Insurers with evidence of the amounts insured under all other insurances.

      BENEFIT OF INSURANCE

      9. This insurance
      9.1  covers the Assured which includes the person claiming indemnity either as the person by or on whose behalf the contract of insurance was effected or as an assignee,
      9.2  shall not extend to or otherwise benefit the carrier or other bailee.

      MINIMISING LOSSES

      Duty of Assured
      10. It is the duty of the Assured and their employees and agents in respect of loss recoverable hereunder
      10.1  to take such measures as may be reasonable for the purpose of averting or minimising such loss, and
      10.2  to ensure that all rights against carriers, bailees or other third parties are properly preserved and exercised and the Insurers will, in addition to any loss recoverable hereunder, reimburse the Assured for any charges properly and reasonably incurred in pursuance of these duties.

      Waiver
      11. Measures taken by the Assured or the Insurers with the object of saving, protecting or recovering the subject-matter insured shall not be considered as a waiver or acceptance of abandonment or otherwise prejudice the rights of either party.

      AVOIDANCE OF DELAY

      12.It is a condition of this insurance that the Assured shall act with reasonable despatch in all circumstances within their control.

      LAW AND PRACTICE

      13.This insurance is subject to English law and practice.

      NOTE:- Where a reattachment of cover is requested under Clause 4, or a change of destination is notified under Clause 5, there is an obligation to give prompt notice to the Insurers and the right to such cover is dependent upon compliance with this obligation.

      © Copyright: 12/08 – Lloyd’s Market Association (LMA) and International Underwriting Association of London (IUA).

      CL388
      01/01/2009

  • CL 389 Strikes (Air) - INSTITUTE STRIKES CLAUSES (AIR CARGO)

      RISKS COVERED

      Risks
      1. This insurance covers, except as excluded by the provisions of Clause 3 below, loss of or damage to the subject-matter insured caused by
      1.1  strikers, locked-out workmen, or persons taking part in labour disturbances, riots or civil commotions
      1.2  any act of terrorism being an act of any person acting on behalf of, or in connection with, any organisation which carries out activities directed towards the overthrowing or influencing, by force or violence, of any government whether or not legally constituted
      1.3  any person acting from a political, ideological or religious motive.

      Salvage Charges
      2. This insurance covers salvage charges incurred to avoid or in connection with the avoidance of loss from any cause except those excluded in Clause 3 below.

      EXCLUSIONS

      3. In no case shall this insurance cover
      3.1  loss damage or expense attributable to wilful misconduct of the Assured
      3.2  ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured
      3.3  loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject- matter insured to withstand the ordinary incidents of the insured transit where such packing or preparation is carried out by the Assured or their employees or prior to the attachment of this insurance (for the purpose of this Clause 3.3 “packing” shall be deemed to include stowage in a container and “employees” shall not include independent contractors)
      3.4  loss damage or expense caused by inherent vice or nature of the subject-matter insured
      3.5  loss damage or expense arising from unfitness of aircraft conveyance or container for the safe carriage of the subject-matter insured, where loading therein or thereon is carried out prior to attachment of this insurance or by the Assured or their employees and they are privy to such unfitness at the time of loading. This exclusion shall not apply where the contract of insurance has been assigned to the party claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith under a binding contract.
      3.6  loss damage or expense caused by delay, even though the delay be caused by a risk insured against
      3.7  loss damage or expense caused by insolvency or financial default of the owners managers charterers or operators of the aircraft where, at the time of loading of the subject-matter insured on board the aircraft, the Assured are aware, or in the ordinary course of business should be aware, that such insolvency or financial default could prevent the normal prosecution of the transit
      This exclusion shall not apply where the contract of insurance has been assigned to the party claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith under a binding contract
      3.8  loss damage or expense arising from the absence shortage or withholding of labour of any description whatsoever resulting from any strike, lockout, labour disturbance, riot or civil commotion
      3.9  any claim based upon loss of or frustration of the transit or adventure
      3.10  loss damage or expense directly or indirectly caused by or arising from the use of any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter
      3.11  loss damage or expense caused by war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power.

      DURATION

      Transit Clause
      4.

      4.1 Subject to Clause 7 below, this insurance attaches from the time the subject-matter insured is first moved in the warehouse, premises or at the place of storage (at the place named in the contract of insurance) for the purpose of the immediate loading into or onto the carrying vehicle or other conveyance for the commencement of transit, continues during the ordinary course of transit and terminates either
      4.1.1  on completion of unloading from the carrying vehicle or other conveyance in or at the final warehouse, premises or place of storage at the destination named in the contract of insurance,
      4.1.2  on completion of unloading from the carrying vehicle or other conveyance in or at any other warehouse, premises or place of storage, whether prior to or at the destination named in the contract of insurance, which the Assured or their employees elect to use either for storage other than in the ordinary course of transit or for allocation or distribution, or
      4.1.3 when the Assured or their employees elect to use any carrying vehicle or other conveyance or any container for storage other than in the ordinary course of transit or
      4.1.4 on the expiry of 30 days after completion of unloading of the subject-matter insured from the aircraft at the final place of discharge, whichever shall first occur.
      4.2  If, after unloading from the aircraft at the final place of discharge, but prior to termination of this
      insurance, the subject-matter insured is to be forwarded to a destination other than that to which it is insured, this insurance, whilst remaining subject to termination as provided in Clauses 4.1.1 to 4.1.4, shall not extend beyond the time the subject-matter insured is first moved for the purpose of the commencement of transit to such other destination.
      4.3  This insurance shall remain in force (subject to termination as provided for in Clauses 4.1.1 to 4.1.4 above and to the provisions of Clause 5 below) during delay beyond the control of the Assured, any deviation, forced discharge, reshipment or transhipment and during any variation of the adventure arising from the exercise of a liberty granted to the air carriers under the contract of carriage.

      Termination of Contract of Carriage
      5. If owing to circumstances beyond the control of the Assured either the contract of carriage is terminated at a place other than the destination named therein or the transit is otherwise terminated before unloading of the subject-matter insured as provided for in Clause 4 above, then this insurance shall also terminate unless prompt notice is given to the Insurers and continuation of cover is requested when this insurance shall remain in force, subject to an additional premium if required by the Insurers, either
      5.1  until the subject-matter insured is sold and delivered at such place, or, unless otherwise specially agreed, until the expiry of 30 days after arrival of the subject-matter insured at such place, whichever shall first occur,
      or
      5.2  if the subject-matter insured is forwarded within the said period of 30 days (or any agreed extension thereof)to the destination named in the contract of insurance or to any other destination, until terminated in accordance with the provisions of Clause 4 above.

      Change of Transit
      6.
      6.1 Where, after attachment of this insurance, the destination is changed by the Assured, this must be notified promptly to Insurers for rates and terms to be agreed. Should a loss occur prior to such agreement being obtained cover may be provided but only if cover would have been available at a reasonable commercial market rate on reasonable market terms.
      6.2 Where the subject-matter insured commences the transit contemplated by this insurance (in accordance with Clause 4.1), but, without the knowledge of the Assured or their employees the aircraft leaves for another destination, this insurance will nevertheless be deemed to have attached at commencement of such transit.

      CLAIMS

      Insurable Interest
      7.
      7.1 In order to recover under this insurance the Assured must have an insurable interest in the subjectmatter insured at the time of the loss.
      7.2 Subject to Clause 7.1 above, the Assured shall be entitled to recover for insured loss occurring during the period covered by this insurance, notwithstanding that the loss occurred before the contract of insurance was concluded, unless the Assured were aware of the loss and the Insurers were not.

      Increased Value

      8.
      8.1 If any Increased Value insurance is effected by the Assured on the subject-matter insured under this insurance the agreed value of the subject-matter insured shall be deemed to be increased to the total amount insured under this insurance and all Increased Value insurances covering the loss, and liability under this insurance shall be in such proportion as the sum insured under this insurance bears to such total amount insured.
      In the event of claim the Assured shall provide the Insurers with evidence of the amounts insured under all other insurances.
      8.2 Where this insurance is on Increased Value the following clause shall apply:
      The agreed value of the subject-matter insured shall be deemed to be equal to the total amount insured under the primary insurance and all Increased Value insurances covering the loss and effected on the subject-matter insured by the Assured, and liability under this insurance shall be in such proportion as the sum insured under this insurance bears to such total amount insured.
      In the event of claim the Assured shall provide the Insurers with evidence of the amounts insured under all other insurances.

      BENEFIT OF INSURANCE

      9. This insurance
      9.1 covers the Assured which includes the person claiming indemnity either as the person by or on whose behalf the contract of insurance was effected or as an assignee,
      9.2 shall not extend to or otherwise benefit the carrier or other bailee.

      MINIMISING LOSSES

      Duty of Assured
      10. It is the duty of the Assured and their employees and agents in respect of loss recoverable hereunder
      10.1  to take such measures as may be reasonable for the purpose of averting or minimising such loss, and
      10.2  to ensure that all rights against carriers, bailees or other third parties are properly preserved and exercised and the Insurers will, in addition to any loss recoverable hereunder, reimburse the Assured for any charges properly and reasonably incurred in pursuance of these duties.

      Waiver
      11. Measures taken by the Assured or the Insurers with the object of saving, protecting or recovering the subjectmatter insured shall not be considered as a waiver or acceptance of abandonment or otherwise prejudice the rights of either party.

      AVOIDANCE OF DELAY

      12. It is a condition of this insurance that the Assured shall act with reasonable despatch in all circumstances within their control.

      LAW AND PRACTICE

      13.This insurance is subject to English law and practice.

      NOTE:- Where a continuation of cover is requested under Clause 5, or a change of destination is notified under Clause 6, there is an obligation to give prompt notice to the Insurers and the right to such cover is dependent upon compliance with this obligation.

      © Copyright: 12/08 – Lloyd’s Market Association (LMA) and International Underwriting Association of London (IUA).

      CL389 01/01/2009

  • CL266 Malicious damage - INSTITUTE MALICIOUS DAMAGE CLAUSE

      (FOR USE ONLY WITH THE NEW MARINE POLICY FORM)
      INSTITUTE MALICIOUS DAMAGE CLAUSE

      In consideration of an additional premium, it is hereby agreed that the exclusion “deliberate damage to or deliberate destruction of the subject-matter insured or any part thereof by the wrongful act of any person or persons” is deemed to be deleted and further that this insurance covers loss of or damage to the subject-matter insured caused by malicious acts vandalism or sabotage, subject always to the other exclusions contained in this insurance.

  • CL272 Institute theft, pilferage and non-delivery clause

      THEFT, PILFERAGE AND NON-DELIVERY CLAUSE

      In consideration of an additional premium, it is hereby agreed that this insurance covers loss of or damage to the subject-matter insured caused by theft or pilferage, or by non-delivery of an entire package, subject always to the exclusions contained in this insurance.

  • Cl370 & Cl380

      INSTITUTE RADIOACTIVE CONTAMINATION, CHEMICAL, BIOLOGICAL, BIO – CHEMICAL AND ELECTROMAGNETIC WEAPONS EXCLUSION CLAUSE

      This clause shall be paramount and shall override anything contained in this insurance inconsistent therewith

      1. In no case s hall this insurance cover loss damage liability or expense directly or indirectly caused by or contributed to by or arising from
      1.1 ionising radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the com bustion of nuclear fuel
      1.2 the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly or nuclear component thereof
      1.3 any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter
      1.4 the radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter. The exclusion in this sub – clause does not extend to radioactive isotop es, other than nuclear fuel, when such isotopes are being prepared, carried, stored, or used for commercial, agricultural, medical, scientific or other similar peaceful purposes
      1.5 any chemical, biological, bio – chemical, or electromagnetic weapon.

      INSTITUTE CYBER ATTACK EXCLUSION CLAUSE

      1.1 Subject only to clause 1.2 below, in no case shall this insurance cover loss damage liability or expense directly or indirectly caused by or contributed to by or arising f rom the use or operation, as a means for inflicting harm, of any computer, computer system, computer software programme, malicious code, computer virus or process or any other electronic system.
      1.2 Where this clause is endorsed on policies covering risks of war, civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power, or terrorism or any person acting from a political motive, Clause 1.1 shall not operate to exclude losses (which w ould otherwise be covered) arising from the use of any computer, computer system or computer software programme or any other electronic system in the launch and/or guidance system and/or firing mechanism of any weapon or missile.

  • Cl372 Institute Replacement Clause

      Joint Cargo Committee

      Room358, Lloyd’s, One Lime Street London EC3M 7DQ
      Tel: (+44) 020 7327 3333; Fax: (+44) 020 7327 4443


      JC 2008/023
      1 December 2008
      Enquiries to: Neil Smith
      Direct Dial: 0207 327 8333
      Neil.smith@lmalloyds.com

      Institute Replacement Clause 01/12/2008 (CL372)
      Institute Replacement Clause – Proportional Valuation 01/12/2008 (CL373)
      Institute Replacement Clause – Obsolete Parts Endorsement (JC2008/023)

      Following the circulation of consultation drafts of the above clauses back in February 2008, please find attached the final versions of these wordings. Please note that the only amendment to the previously circulated versions is the replacement of the word “Insurers” for ”Underwriters” within clauses CL372 and CL373.

      The Institute Replacement Clause 01/12/2008 (CL372) is intended to update the language of the existing Institute Replacement Clause 01/01/1934 (CL161).

      The Institute Replacement Clause – Proportional Valuation 01/12 2008 is a new wording which allows a proportional value limitation where this is deemed appropriate.

      The third wording, the Institute Replacement Clause – Obsolete Parts Endorsement 01/12/2008 (JC2008/023) is a JC endorsement drafted for use with either of the above in circumstances where replacement items may be obsolete and new items may need manufacturing.

      It should be noted that these clauses are purely illustrative and different policy conditions may be agreed. Specimen clauses are available to any interested person upon request. In particular:

      1. in relation to any clause which excludes losses from the cover, insurers may agree a separate insurance policy covering such losses or may extend the clause to cover such events;
      2. in relation to clauses making cover of certain risks subject to specific conditions each insurer may alter the said conditions.

      Neil Smith
      Secretary

      Information relating to the work of the Joint Cargo Committee, including circulars and details of forthcoming Cargo Forum meetings, can be accessed from the Joint Cargo Committee page of the LMA website www.lmalloyds.com The page can be accessed via the following link: http://www.lmalloyds.com/AM/Template.cfm?Section=Joint_Cargo1&Template=/TaggedPage/TaggedPageDisplay.cfm&TPLID=3&ContentID=7044

      INSTITUTE REPLACEMENT CLAUSE

      In the event of loss of or damage to any part(s) of an insured machine or other manufactured item consisting of more than one part caused by a peril covered by this insurance, the sum recoverable shall not exceed the cost of replacement or repair of such part(s) plus labour for (re)fitting and carriage costs. Duty incurred in the provision of replacement or repaired part(s) shall also be recoverable provided that the full duty payable on the insured machine or manufactured item is included in the amount insured.

      The total liability of Insurers shall in no event exceed the amount insured of the machine or manufactured item.

      CL372
      01/12/2008

       

      INSTITUTE REPLACEMENT CLAUSE – PROPORTIONAL VALUATION

      In the event of loss of or damage to any part(s) of an insured machine or other manufactured item consisting of more than one part caused by a peril covered by this insurance, the sum recoverable shall not exceed such proportion of the cost of replacement or repair of such part(s) as the amount insured bears to the new cost of the machine or manufactured item, plus labour for (re)fitting and carriage costs. Duty incurred in the provision of replacement or repaired part(s) shall also be recoverable provided that the full duty payable on the insured machine or manufactured item is included in the amount insured.

      The total liability of Insurers shall in no event exceed the amount insured of the machine or manufactured item.

      CL373
      01/12/2008

       

      INSTITUTE REPLACEMENT CLAUSE– OBSOLETE PARTS ENDORSEMENT

      (For use only with the Institute Replacement Clause 01/12/2008 (CL372) or the Institute Replacement Clause – Proportional Valuation 01/12/2008 (CL373))

      In the event of a claim recoverable under this policy necessitating the manufacture of any new part(s) for the repair of an insured machine or other manufactured item, the sum recoverable shall not exceed the manufacturer’s last list price for the year of manufacture of the lost or damaged part(s), uplifted for inflation. Inflation shall be determined by reference to the Retail Price Index, or other officially published data of the country of manufacture of the insured machine or manufactured item, up to a maximum total uplift of 25%.

      if no such manufacturer’s list price is available, the total liability shall in no event exceed the amount insured of the machine or manufactured item.

      JC 2008/023
      01/12/2008

  • CL373 Institute Replacement Clause Proportional Valuation

      Joint Cargo Committee

      Room358, Lloyd’s, One Lime Street London EC3M 7DQ
      Tel: (+44) 020 7327 3333 Fax: (+44) 020 7327 4443


      JC 2008/023
      1 December 2008
      Enquiries to: Neil Smith
      Direct Dial: 0207 327 8333 Neil.smith@lmalloyds.com

      Institute Replacement Clause 01/12/2008 (CL372)
      Institute Replacement Clause – Proportional Valuation 01/12/2008 (CL373)
      Institute Replacement Clause – Obsolete Parts Endorsement (JC2008/023)

      Following the circulation of consultation drafts of the above clauses back in February 2008, please find attached the final versions of these wordings. Please note that the only amendment to the previously circulated versions is the replacement of the word “Insurers” for ”Underwriters” within clauses CL372 and CL373.

      The Institute Replacement Clause 01/12/2008 (CL372) is intended to update the language of the existing Institute Replacement Clause 01/01/1934 (CL161).

      The Institute Replacement Clause – Proportional Valuation 01/12 2008 is a new wording which allows a proportional value limitation where this is deemed appropriate.

      The third wording, the Institute Replacement Clause – Obsolete Parts Endorsement 01/12/2008 (JC2008/023) is a JC endorsement drafted for use with either of the above in circumstances where replacement items may be obsolete and new items may need manufacturing.

      It should be noted that these clauses are purely illustrative and different policy conditions may be agreed. Specimen clauses are available to any interested person upon request. In particular:

      1. in relation to any clause which excludes losses from the cover, insurers may agree a separate insurance policy covering such losses or may extend the clause to cover such events;
      2. in relation to clauses making cover of certain risks subject to specific conditions each insurer may alter the said conditions.

      Neil Smith
      Secretary

      Information relating to the work of the Joint Cargo Committee, including circulars and details of forthcoming Cargo Forum meetings, can be accessed from the Joint Cargo Committee page of the LMA website www.lmalloyds.com The page can be accessed via the following link: http://www.lmalloyds.com/AM/Template.cfm?Section=Joint_Cargo1&Template=/TaggedPage/TaggedPageDisplay.cfm&TPLID=3&ContentID=7044

       

      INSTITUTE REPLACEMENT CLAUSE

      In the event of loss of or damage to any part(s) of an insured machine or other manufactured item consisting of more than one part caused by a peril covered by this insurance, the sum recoverable shall not exceed the cost of replacement or repair of such part(s) plus labour for (re)fitting and carriage costs. Duty incurred in the provision of replacement or repaired part(s) shall also be recoverable provided that the full duty payable on the insured machine or manufactured item is included in the amount insured.

      The total liability of Insurers shall in no event exceed the amount insured of the machine or manufactured item.

      CL372
      01/12/2008

       

      INSTITUTE REPLACEMENT CLAUSE – PROPORTIONAL VALUATION

      In the event of loss of or damage to any part(s) of an insured machine or other manufactured item consisting of more than one part caused by a peril covered by this insurance, the sum recoverable shall not exceed such proportion of the cost of replacement or repair of such part(s) as the amount insured bears to the new cost of the machine or manufactured item, plus labour for (re)fitting and carriage costs. Duty incurred in the provision of replacement or repaired part(s) shall also be recoverable provided that the full duty payable on the insured machine or manufactured item is included in the amount insured.

      The total liability of Insurers shall in no event exceed the amount insured of the machine or manufactured item.

      CL373
      01/12/2008

       

      INSTITUTE REPLACEMENT CLAUSE– OBSOLETE PARTS ENDORSEMENT

      (For use only with the Institute Replacement Clause 01/12/2008 (CL372) or the Institute Replacement Clause – Proportional Valuation 01/12/2008 (CL373))

      In the event of a claim recoverable under this policy necessitating the manufacture of any new part(s) for the repair of an insured machine or other manufactured item, the sum recoverable shall not exceed the manufacturer’s last list price for the year of manufacture of the lost or damaged part(s), uplifted for inflation. Inflation shall be determined by reference to the Retail Price Index, or other officially published data of the country of manufacture of the insured machine or manufactured item, up to a maximum total uplift of 25%.

      if no such manufacturer’s list price is available, the total liability shall in no event exceed the amount insured of the machine or manufactured item.

      JC 2008/023
      01/12/2008

  • Classification clause - INSTITUTE CLASSIFICATION CLAUSE 01/01/2001

      QUALIFYING VESSELS

      1. This insurance and the marine transit rates as agreed in the policy or open cover apply only to cargoes and/or interests carried by mechanically self-propelled vessels of steel construction classed with a Classification Society which is:
      1.1 a Member or Associate Member of the International Association of Classification Societies (IACS*), or
      1.2 a National Flag Society as defined in Clause 4 below, but only where the vessel is engaged exclusively in the coastal trading of that nation (including trading on an inter-island route within an archipelago of which that nation forms part).

      Cargoes and/or interests carried by vessels not classed as above must be notified promptly to underwriters for rates and conditions to be agreed. Should a loss occur prior to such agreement being obtained cover may be provided but only if cover would have been available at a reasonable commercial market rate on reasonable commercial market terms.

      AGE LIMITATION

      2. Cargoes and/or interests carried by Qualifying Vessels (as defined above) which exceed the following age limits will be insured on the policy or open cover conditions subject to an additional premium to be agreed.

      Bulk or combination carriers over 10 years of age or
      other vessels over 15 years of age unless they:

      2.1  have been used for the carriage of general cargo on an established and regular pattern of trading between a range of specified ports, and do not exceed 25 years of age, or
      2.2  were constructed as containerships, vehicle carriers or double-skin open-hatch gantry crane vessels (OHGCs) and have been continuously used as such on an established and regular pattern of trading between a range of specified ports, and do not exceed 30 years of age.

      CRAFT CLAUSE

      3. The requirements of this Clause do not apply to any craft used to load or unload the vessel within the port area.

      NATIONAL FLAG SOCIETY

      4. A National Flag Society is a Classification Society which is domiciled in the same country as the owner of the vessel in question which must also operate under the flag of that country.

      PROMPT NOTICE

      5. Where this insurance requires the assured to give prompt notice to the Underwriters, the right to cover is dependent upon compliance with that obligation.

      LAW AND PRACTICE

      6. This insurance is subject to English law and practice.

      * For a current list of IACS Members and Associate Members please refer to the IACS website at www.iacs.org.uk

      1/1/01
      CL354-2001

  • Institute Frozen Food Clauses A Excluding Frozen Meat 010186
  • Sanction Limitation and Exclusion Clause

      Sanction Limitation and Exclusion Clause (JC2010/014)

      No (re)insurer shall be deemed to provide cover and no (re)insurer shall be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose that (re)insurer to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, United Kingdom or United State s of America.

  • Termination of Transit (Terrorism)

      TERMINATION OF TRANSIT CLAUSE (TERRORISM) 2009

      This clause shall be paramount and shall override anything contained in this insurance inconsistent therewith.

      1.  Notwithstanding any provision to the contrary contained in the contract of insurance or the Clauses referred to therein, it is agreed that in so far as the contract of insurance covers loss of or damage to the subject-matter insured caused byany act of terrorism being an act of any person acting on behalf of, or in connection with, any organisation which carries out activities directed towards the overthrowing or influencing, by force or violence, of any government whether or not legally constituted or any person acting from a political, ideological or religious motive, such cover is conditional upon the subject-matter insured being in the ordinary course of transit and, in any event, SHALL TERMINATE:
      either

      1.1 as per the transit clauses contained within the contract of insurance,
      or
      1.2 on completion of unloading from the carrying vehicle or other conveyance in or at the final warehouse or place of storage at the destination named in the contract of insurance,
      1.3 on completion of unloading from the carrying vehicle or other conveyance in or at any other warehouse or place of storage, whether prior to or at the destination named in the contract of insurance, which the Assured or their employees elect to use either for storage other than in the ordinary course of transit or for allocation or distribution, or
      1.4 when the Assured or their employees elect to use any carrying vehicle or other conveyance or any container for storage other than in the ordinary course of transit,
      or
      1.5 in respect of marine transits, on the expiry of 60 days after completion of discharge overside of the subject-matter insured from the oversea vessel at the final port of discharge,
      1.6 in respect of air transits, on the expiry of 30 days after unloading the subject-matter insured from the aircraft at the final place of discharge,
      whichever shall first occur.

      2 If the contract of insurance or the Clauses referred to therein specifically provide cover for inland or other further transits following on from storage, or termination as provided for above, cover will re-attach, and continues during the ordinary course of that transit terminating again in accordance with clause 1.

      JC2009/056
      01/01/2009

  • Timber Trade Federation Clauses

PZU on AB "Lietuvos draudimas" Eesti filiaali kaubamärk Eestis. AB "Lietuvos draudimas" on Leedu kahjukindlustusselts, mis kuulub rahvusvahelisse PZU kontserni. Enne kindlustuslepingu sõlmimist tutvuge tingimustega ja vajadusel küsige lisainfot telefonil +372 622 4599.