We act as the insurance agent of TUiR WARTA SA and provide cargo insurance covering the risk involved in transporting goods by sea, road, rail as well as air. We insure only the cargo for which we arrange freight forwarding services.
We are the holder of the Forwarder’s and Road Carrier’s Liability Insurance Policy insuring forwarder’s liability to the Customer and third parties for his failure in performing Fright Forwarding Order.
1/1/09
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 subjectmatter
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 subjectmatter
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.
I
ncreased 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 subjectmatter
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
1/1/09
INSTITUTE 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 subjectmatter
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 subjectmatter
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 subjectmatter
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
1/1/09
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 subjectmatter
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 subjectmatter
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 subjectmatter
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
1/10/90
INSTITUTE RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE
This clause shall be paramount and shall override anything contained in this
insurance inconsistent therewith
1. In no case shall 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 combustion 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 of war employing atomic or nuclear fission and/or fusion or other
like reaction or radioactive force or matter.
CL. 356
Zastrzega się pierwszeństwo
tekstu oryginalnego
1/10/90
INSTYTUTOWA KLAUZULA WYŁĄCZAJĄCA SKAżENIE RADIOAKTYWNE
Niniejsza klauzula ma pierwszeństwo i unieważnia wszystkie niezgodne z nią
postanowienia niniejszego ubezpieczenia
1. Niniejsze ubezpieczenie nie obejmuje w żadnym przypadku strat, uszkodzeń,
odpowiedzialności lub wydatków, które bezpośrednio lub pośrednio zostały
spowodowane, powstały lub do których przyczyniły się:
1.1 promieniowanie jonizujące lub skażenie przez radioaktywność z paliw jądrowych
lub odpadów jądrowych, lub ze spalania paliwa jądrowego,
1.2 radioaktywne, toksyczne, wybuchowe lub inne niebezpieczne lub zakaźne
własności instalacji, reaktorów lub innych urządzeń jądrowych, lub ich składników
jądrowych,
1.3 broń wojenna wykorzystująca rozszczepienie i/lub fuzję jądrową lub inną
podobną reakcję, lub siłę, lub materię radioaktywną.
10/11/2003
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
In no case shall this insurance cover loss damage liability or expense directly or indirectly caused by or
contributed to by or arising from
a) ionising radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear
waste or from the combustion of nuclear fuel
b) the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear
installation, reactor or other nuclear assembly or nuclear component thereof
c) any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or
radioactive force or matter
d) 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 isotopes, other than nuclear
fuel, when such isotopes are being prepared, carried, stored, or used for commercial, agricultural,
medical, scientific or other similar peaceful purposes
e) any chemical, biological, bio-chemical, or electromagnetic weapon.
CL 370
10/11/2003
Instytutowa Klauzula wyłączająca ryzyko skażenia radioaktywnego oraz następstw użycia broni
chemicznej, biologicznej, biochemicznej i elektromagnetycznej
Niniejsza klauzula ma pierwszeństwo i unieważnia wszystkie niezgodne z nią postanowienia niniejszej
umowy ubezpieczenia.
W żadnym razie niniejsze ubezpieczenie nie pokrywa strat, uszkodzeń, odpowiedzialności ani wydatków
bezpośrednio lub pośrednio spowodowanych lub wynikłych w całości lub w części z:
a) promieniowania jonizującego lub skażenia radioaktywnego pochodzącego z jakiegokolwiek paliwa
jądrowego, odpadów nuklearnych bądź ze spalania paliwa jądrowego;
b) radioaktywnych, toksycznych, wybuchowych lub innych niebezpiecznych bądź wywołujących
skażenie właściwości jakiejkolwiek instalacji nuklearnej, reaktora albo innego zestawu jądrowego
lub ich nuklearnego składnika;
c) jakiejkolwiek broni lub urządzeń o działaniu opartym na rozszczepieniu jądra atomowego i/lub
syntezie jądrowej albo innej podobnej reakcji bądź sile lub materii radioaktywnej;
d) radioaktywnych, toksycznych, wybuchowych lub innych niebezpiecznych bądź wywołujących
skażenie właściwości jakiejkolwiek materii radioaktywnej; wyłączenie przewidziane w niniejszym
ustępie nie obejmuje izotopów radioaktywnych innych niż paliwo jądrowe, jeżeli takowe izotopy
przygotowywane są, przenoszone, przechowywane lub wykorzystywane w celach handlowych,
rolniczych, medycznych, naukowych bądź innych podobnych celach o charakterze pokojowym;
e) jakiejkolwiek broni chemicznej, biologicznej, biochemicznej lub elektromagnetycznej.
1/1/34
INSTITUTE REPLACEMENT CLAUSE
In the event of loss of or damage to any part or parts of an insured machine caused by
a peril covered by the Policy the sum recoverable shall not exceed the cost of
replacement or repair of such part or parts plus charges for forwarding and refitting, if
incurred, but excluding duty unless the full duty is included in the amount insured, in
which case loss, if any, sustained by payment of additional duty shall also be
recoverable.
Provided always that in no case shall the liability of Underwriters exceed the insured
value of the complete machine.
1/1/34
INSTYTUTOWA KLAUZULA O WYMIANIE CZĘŚCI
W przypadku straty lub uszkodzenia jakiejkolwiek części, bądź jakichkolwiek części
ubezpieczonej maszyny, powstałych na skutek niebezpieczeństwa objętego
ubezpieczeniem na podstawie niniejszej Polisy, wysokość odszkodowania jakiego
można dochodzić, nie będzie przekraczać kosztu wymiany lub naprawy tychże części,
powiększonego o koszty przesyłki i ponownego montażu, jeśli zostały poniesione,
jednakże z wyłączeniem cła, chyba, że cło w pełnej wysokości zawarte zostało w
sumie ubezpieczenia, w którym to przypadku ewentualna strata, poniesiona przez
zapłatę dodatkowego cła, zostanie również pokryta.
Zawsze z zastrzeżeniem, iż odpowiedzialność Ubezpieczycieli w żadnym razie nie
przekroczy wartości ubezpieczenia maszyny jako całości.
1/1/09
INSTITUTE 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 subjectmatter
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 subjectmatter
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 subjectmatter
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
1/1/09
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 subjectmatter
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
1/1/09
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 oncarried
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 subjectmatter
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.
I
ncreased 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
1/1/09
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 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.
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 subjectmatter
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.
I
ncreased 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
1/1/09
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 subjectmatter
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 subjectmatter
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
Clause 8, 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).
CL387
01/01/2009