The Cargo Insurance Contract and the Institute Cargo Clauses: Training Notes for Brokers

Published Date

July 1995

The Cargo Insurance Contract and the Institute Cargo Clauses: Training Notes for Brokers

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A guide to cargo insurance contracts, this book is designed for both experienced practitioners and less experienced personnel, and covers all aspects of the cargo insurance contracts currently in use.

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The notes relate to a contract written on the London MAR form of policy and are based on English law and practice.


CONTENTS

Section One - Cargo Policies & Introduction to the ICC

The Marine Cargo Policy form and the ICC (1982)

Jurisdiction Clauses and the English Law & Practice Clause

Construction of the Policy and Effect of Ambiguity in Policy Wording

Valuation in Cargo Policies

Increased Value Insurances in Cargo Practice

Section Two - Insurable Interest and Categories of Loss

Insurable Interest - Law and Practice

Use of PPI Policies in Cargo Practice

Categories of Loss Covered by the ICC (1982) A, B & C

Cover for Actual Total Loss and Missing Packages

Constructive Total Loss and the ICC (1982)

Particular Average Loss

Section Three - Seaworthiness and Fitness of Carrying Vessels, etc

Marine Insurance Warranties - Law and Practice

Implied Warranties Affecting a Cargo Policy

The ICC (1982) in Relation to -

Unseaworthiness of the Overseas Vessel

Unseaworthiness of Craft Carrying the Goods

Unfitness of the Overseas Vessel to Carry the Goods

Unfitness of Craft to Carry the Goods

Unfitness of Containers to Carry the Goods

Unfitness of Conveyances to Carry the Goods

Section Four - General Average and Salvage

Maritime law & Practice in General Average

Examples of General Average Sacrifice and General Average Expenditure

General Average Contributory Values and Contributions

Cover in the ICC for General Average Sacrifice

Cover in the ICC for General Average Contributions

Cover in the ICC for Salvage Charges

Section Five - Duration of Cover in a Cargo Policy

Attachment and Termination of cover

Effect on a Cargo Insurance Contract of-

Delay in Commencement of Voyage

Different Voyage

Change of Voyage

Change of Destination after Discharge

Deviation

Delay in Prosecution of the Voyage

Termination of Contract of Carriage the Transit Clause in the ICC (1982)

Section Six - Proximate Cause of Loss and Perils Covered by the Cargo Policy

Application of the Principle of Proximate Cause in Cargo Practice

Perils Covered by the ICC (1982) A

Perils Covered by the ICC (1982) B & C

Section Seven - Perils Excluded from a Cargo Policy and Uninsured Losses

Introduction

Statutory Exclusions and the General Exclusions in the ICC (1982)

Malicious Damage

Radioactive Contamination

Theft, Pilferage and Non-delivery

Piracy

Section Eight - Cargo Loss Prevention

Introduction

Sue & Labour Clause

Duty of Assured Clause

Waiver Clause

Sue & Labour Charges

Duty of Assured to Avoid Delay

Forwarding Charges

Compliance with "Held Covered" Provisions

Section Nine - Cargo War Risks

Introduction to Cargo War Risks Insurance

War Exclusion Clauses in the ICC (1982)

Institute War Clauses (cargo) - Scope of cover

Risks Covered by the Institute War Clauses (cargo)

Exclusions Specified in the Cargo War Clauses

Duration of Cover - War Risks

Section Ten - Cargo Strikes, etc. Risks

Introduction to Cargo Strikes Risks Insurance

Strikes Exclusion Clause in the ICC (1982)

Institute Strikes Clauses (Cargo) - Scope of Cover

Risks Covered by the Institute Strikes, etc. Clauses (Cargo)

Exclusions Specified in the Cargo Strikes, etc. Clauses

Section Eleven - Supplementary Matters Concerning War & Strikes Risks

Limitations for use of CL.255 (War) and CL.256 (Strikes, etc.) Conditions

Additional Expenses (War Risks)

Cover for Malicious Damage

Premium Rating for Cargo War & Strikes Risks

War & Strikes Risks for Air Sendings

War & Strikes Risks for Postal Sendings

Section Twelve - Cargo Insurance Claims

Introduction to Cargo Insurance Claims Practice

Measure of Indemnity for Total Loss (Actual & Constructive)

Measure of Indemnity for Partial Loss and Claim Calculations

Salvage Loss

Treatment of Charges (Survey, Forwarding, etc.)

Notice of Abandonment for CTL and its Practical Effect

Section Thirteen - Subrogation Rights

Underwriters' Subrogation Rights in Law and Practice

Application of Subrogation Rights to Total Loss and Partial Loss

Limit to Underwriters' Recoveries in Subrogation

Co-insurers and Subrogation Rights

Underinsurance and Subrogation Rights

Effect of Subrogation Rights on a Proportional Reinsurance Contract

Preserving Underwriters' Ssubrogation Rights

Benefit of Insurance Clauses and the ICC

Section Fourteen - Overseas Carriers' Responsibilities and Immunities

Introduction

Carrier's Liability

International Limitation of Liability

Limitation of Carrier's Lliability

Section Fifteen - Collision Liability and the ICC

Introduction

Proportional Collision Liability

Carrier's Collision Liability to Cargo on Board

Cargo Owner's Claim Against Non-carrier

Non-carrier's T/P Liability Recoveries (US Law)

Both to Blame Collision Clause in Contract of Carriage

"Both to Blame Collision" Clause (ICC 1982)

Section Sixteen - Institute Trades Clauses

Introduction

Commodity Trades Clauses

Commodity Trades - War Clauses

Commodity Trades - Strikes Clauses

Other Trades Clauses Published by the ILU

Title: The Cargo Insurance Contract and the Institute Cargo Clauses: Training Notes for Brokers
Number of Pages: 160
Product Code: 4405Q037
ISBN: ISBN 13: 978-1-85609-085-8 (9781856090858), ISBN 10: 1-85609-085-X (185609085X)
Published Date: July 1995
Binding Format: Paperback
Book Height: 215 mm
Book Width: 140 mm
Book Spine: 10 mm
Weight: 0.20 kg

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