The published clauses have been grouped into three main business classes. An analysis of specific institute clauses addressing certain types of cargo risk. Cl 397 institute war and strikes clauses cargo stored afloat 03052016. Institute cargo clauses charterhouse underwriting ltd. Institute cargo clauses air subject \excluding sendings by post\ created date. Written by an author who was closely involved with the revisions to the institute cargo clauses 2009, the work expertly examines marine cargo insurance by reference to important english and. Page 4 of 41 subject to the prior payment of, or your agreement to pay, the premium set out in the schedule, we agree to provide insurance as set out in this policy. Institute cargo clauses 0101 2009 following an extensive period of worldwide consultation going back to 2006, the joint cargo committee released revised institute cargo clauses a, b and c, along with accompanying institute cargo clauses war. This exclusion does not apply where the contract of insurance has been assigned to the party claiming. Please note that cover in respect of war and strikes is not automatic for all transits. Marine cargo insurance clauses for individual policy institute cargo clauses as agreed between the applicant and this company shall be applied 1109 institute cargo clauses a risks covered risks 1. Tim ad hoc penterjemah polis non standar aaui 1 8 institute cargo clauses b revised cl 19 risks covered 1 this insurance covers, except as provided in clauses 4, 5, 6 and 7 below, 1.
Each marine cargo policy type covers different amount of risks, whereas institute cargo clauses c has the minimum coverage and institute cargo clauses a, also known as all risks, has the maximum coverage. Institute cargo clauses 0101 2009 following an extensive period of worldwide consultation going back to 2006, the joint cargo committee released revised institute cargo clauses a, b and c, along with accompanying institute cargo clauses war and institute cargo clauses strikes, on 24 november 2008. This insurance covers general average and salvage charges, adjusted or determined according to the contract. There are three basic sets of institute cargo clauses. Written by an author who was closely involved with the revisions to the institute cargo clauses 2009, the work expertly examines marine cargo insurance by reference to important english and foreign legal cases as well as the marine. Here you will be able to freely access all london market model clauses published by the international underwriting association. It is further agreed that in the event of a claim under this contract, the insurer agrees to pay the cost of air freighting a replacement machines andor damaged parts to manufactures for repair and return or the air freighting of replacement machines andor parts from suppliers to destination notwithstanding that the interest. This insurance covers general average and salvage charges, adjusted or determined. Pdf26kb institute cargo clauses b 1109 download pdf36kb institute cargo clauses c 1109 download pdf26kb institute cargo clauses air. No cover is provided for accidental damage or physical loss of goods in transit. General average clause this insurance covers general average and salvage charges, adjusted or determined according. What are the differences between institute cargo clauses a. Standard international transport insurance clauses, published by the institute of london underwriters. Cl 398 institute strikes clauses commodity trades 03052016.
This insurance covers all risks of loss of or damage to the subjectmatter insured except as provided in. In no case shall this insurance cover loss damage or expense arising from. These clauses were developed by the international chamber of commerce as a means of insurance for cargo while it is being shipped from the original location to its final destination. This insurance covers general average and salvage charges, adjusted or determined according to the. Cl 399 institute war clauses commodity trades 03052016.
Implied warranty or even delay in delivery can simply get you out of cover. However, it is frequently the case that the date of the applicable clauses is not specified on the policy and simply states for example, institute cargo clauses a or institute cargo. This exclusion shall not apply where the contract of insurance has. Marine cargo policy connoisseur international fine art. Theft, pilferage and nondelivery clause in consideration of an additional premium, it is hereby agreed that this insurance covers loss of or damage to the subjectmatter insured caused by theft or pilferage, or by nondelivery of an entire package, subject always to the exclusions contained in this insurance. The three different levels of institute cargo clauses. A collection of noninstitute clauses book online at best prices in india on. Risks clause this insurance covers all risks of loss of or damage to the subjectmatter insured except as provided in clauses 4, 5, 6 and 7 below. New institute cargo clauses 112009 malaysia insurance. Marine cargo insurance 2nd edition john dunt routledge book. The new edition of this british insurance law association bilaaward winning text is the definitive reference source for marine cargo insurance law. Institute theft, pilferage and non delivery insured value clause 16728 pdf 43kb institute theft, pilferage and non delivery clause 11282 pdf 4kb label clause pdf 15kb letter of credit clause pdf 33kb mail and parcel post clauses for use only with mar policy form pdf 17kb mail and parcel post clauses for use only with sg.
This insurance covers all risks of loss of or damage to the subjectmatter insured except as excluded by the provisions of clauses 4, 5, 6 and 7 below. Today i would like to mention the differences between institute cargo clauses a and institute cargo clauses c. Duration of risk transit clause insurance attaches 6a1 aimu. Arguably, every cargo interests needs to be aware of this clauses to take the right decision and to protect the rights. An abbreviation for american institute cargo clauses, a set of standard insurance clauses adopted by the american institute of marine underwriters for voluntary usage by member companies. This clause 12, which does not apply to general average or salvage. A collection of noninstitute clauses felicepace, joe on. From the time the insured property leaves the warehouse for the commencement of transit. Just like you are able to get insurance on smaller, domestic packages. This policy terminates in accordance with the transit clause forming part of the relevant institute cargo clauses herein, but it is hereby understood and agreed that any claim hereunder will not be prejudiced by delay in calling for survey providing such delay does not exceed 90 days after the termination of this insurance, provided always that if the packages arrive on site with outward signs of damage, an immediate application will be made for survey. Institute cargo clauses comparison this is a quick reference guide to the differences between the three sets of institute cargo clauses cl382cl383cl384 1. This insurance covers, except as provided in clauses 4, 5, 6 and 7 below, risks clause 1.
Institute cargo clauses as agreed between the applicant and this company shall. Fact sheet marine cargo insurance this policy provides coverage for loss of or damage to the goods transit by sea, air and land as provided in the institute cargo clause a, b or c 1. Institute cargo clauses b risks covered 1 risks clause this insurance covers, except as provided in clauses 4, 5, 6 and 7 below, 1. Iua clauses welcome to the iua clauses document library. A clauses are sometimes referred to as full cover b clauses as with particular average and c clauses as free of particular average.
Institute cargo clause air these clauses cover all risks of damage to the subject matter insured in a similar manner to the institute cargo clauses a 1182 but, as they are constructed with a different form of transport in mind, they do not provide for general average and salvage charges, nor the both to blame collisions clause. Law and practice 2nd ed, by francis rose, isbn 9781843119517, published by informa law from routledge from. Dec 30, 2012 there are three basic sets of institute cargo clauses. Though not stated explicitly it is only the physical loss or damage to the goods which is generally the subjectmatter of insurance. No change the wording reproduces part of section 55 of the marine insurance act. Institute cargo clauses a risks covered 1 this insurance covers all risks of loss of or damage to the subject matter insured except as provided in clauses 4, 5, 6 and 7 below. Institute cargo clauses air excluding sendings by post risks covered 1 this insurance covers all risks of loss of or damage to the subjectmatter insured except as provided in clauses 2, 3 and 4 bel ow. A wide variety of non institute wordings and clauses too are. Summary of cover under institute cargo clauses c peter lole.
Though these clauses have worldwide recognition and acceptance, not usually used outside usa. Institute theft, pilferage and nondelivery insured value clause 16728 pdf 43kb institute theft, pilferage and nondelivery clause 11282 pdf 4kb label clause pdf 15kb letter of credit clause pdf 33kb mail and parcel post clauses for use only with mar policy form pdf 17kb mail and parcel post clauses for use only with sg. The institute cargo clauses are three sets of clauses providing different level of protection. This insurance covers general average and salvage charges, adjusted or determined according to. Most cargo policies specify which version of the clauses should apply the 1982 version or the 2009 version and in some cases the 1963 version. Tim ad hoc penterjemah polis non standar aaui 1 8 institute cargo clauses c revised cl 19 risks covered 1 this insurance covers, except as provided in clauses 4, 5, 6 and 7 below, 1. This insurance covers all risks of loss of or damage to the subjectmatter insured except as provided in clauses 4, 5, 6 and 7 below. A claim would only be met if the loss can be shown to have arisen directly as a. General average clause this insurance covers general average and salvage charges, adjusted or determined according to the contract of. However the institute2 cargo clauses and the associated war and strike clauses form the basis on which coverage is provided. Institute cargo clauses b risks covered 1 this insurance covers, except as provided in clauses 4, 5, 6 and 7 below. Marine cargo insurance clauses for individual policy.
It should be emphasised that wilful misconduct is something far beyond even. It is further agreed that in the event of a claim under this contract, the insurer agrees to pay the cost of air freighting a replacement machines andor damaged parts to manufactures for repair and return or the air freighting of replacement machines andor parts from suppliers to destination notwithstanding that the interest were not. A clauses are sometimes referred to as full cover b clauses as with particular average and. Insuring cargoes a practical guide to the law and practice. In issuing this policy, we have relied on the information contained in the proposal form. Theft, pilferage and nondelivery clause in consideration of an additional premium, it is hereby agreed that this insurance covers loss of or damage to the subjectmatter insured caused by theft or pilferage, or by nondelivery of an entire package, subject always to. The major perils covered are fire, explosion, stranding, sinking and grounding of the vessel, overturning, derailment of land conveyances, collision, jettison, washing overboard and loss of any container lost overboard or dropped whilst unloading on to or unloading from the vessel. This insurance covers all risks of loss of or damage to the subjectmatter insured except as provided in clauses 2, 3 and 4 below. There are three main types of cover to protect your goods. Nov 14, 2016 arguably, every cargo interests needs to be aware of this clauses to take the right decision and to protect the rights.