SCHEDULE OF RATES
SHIPMENTS OF WINE & OTHER SIMILAR MERCHANDISE
Rates Per $100
$.60 INTERNATIONAL-AIR
$.50 DOMESTIC
$.40 SECOND DAY AIR-DOMESTIC
$.30 OVERNIGHT AIR-DOMESTIC
War, Strikes, Riots and Civil Commotions included in the rates above. However, subject to change on forty-eight (48) hours notice. Other rates below are subject to change on thirty (30) days notice.
OPEN CARGO POLICY
1. AVERAGE TERMS AND CONDITIONS
Goods and merchandise as described in Clause 2 in approved packing shipped via:
A. ANY ONE PACKAGE WHEN SHIPPED BY MAIL OR PARCEL POST IS INSURED:
Against all risks of physical loss or damage from any external cause, excepting those risks excluded by the F.C. & S.
and S. R. & C. C. Warranties.
B. ANY ONE PACKAGE WHEN SHIPPED BY COURIER/AIR EXPRESS SERVICE IS INSURED:
Against all risks of physical loss or damage from any external cause, excepting those risks excluded by the F.C. & S.
and S. R. & C. C. Warranties.
VALUATION CLAUSE
Valued at amount of invoice, including all charges included in the invoice and including prepaid or advance freight plus 10% or valued at amount declared prior to shipment. Foreign currency to be converted into United States Dollars at rate of exchange current in New York on date of invoice.
GOODS INSURED CLAUSE
To attach upon all shipments of approved lawful goods and merchandise consisting principally of Wine and similar
merchandise incidental to the business of the Insured.
ATTACHMENT CLAUSE
This policy attaches to all shipments made on or after the date specified on the Declarations Page and prior to its
cancellation date, or prior to midnight, standard time at place of issuance, on date of its expiration (if this policy is
subject to an expiration date) whichever may first occur.
2. GEOGRAPHICAL LIMITS CLAUSE
AT AND FROM Ports and/or places in the U.S. to ports and/or places in the World and vice versa direct or via
other ports and/or places, with privilege of transshipment by land and/or water.
Notwithstanding the above, this policy does not insure shipments which commence and end within the same country, or between the United States of America and Canada if by (a) air (except as connecting conveyances), or (b) land conveyances (except as connecting conveyances), or (c) mail, except as endorsed hereon.
3. LIMIT OF LIABILITY CLAUSE
This insurance shall not attach or cover and the Company shall not be liable for more than:
A. $ 100,000 any one package when shipped by courier/air express service;
B. $ 100,000 any one package, when shipped by mail or parcel post;
4. ACCUMULATION CLAUSE
Should there be an accumulation of interests beyond the limits expressed in this policy by reason of any interruption of transit beyond the control of the Assured, or by reason of any casualty arising during transit, or at a transshipping point or on a connecting vessel or conveyance, this policy shall attach for the full amount at risk (but in no event for more than twice the limit per vessel or other conveyance contained in the policy) provided written notice be given to this Company as soon as known to the Assured.
INSTRUCTIONS IN CASE OF LOSS OR DAMAGE
IMPORTANT - These instructions are very important. Failure to comply with them may void the insurance claim under this policy.
In case of known or suspected loss or damage to goods insured by the Company, these instructions must be followed immediately:
A. Documents Required To Support A Claim Under This Policy:
1. Certificate of Insurance (original and/or duplicate), or a copy of the insurance declaration if no certificate is
issued.
2. Bills of Lading (copies) from all cargo transporters (ocean, air, rail, and truck).
3. Commercial sales invoice (copy) from the consignee’s supplier on an import shipment, or from the shipper to
their customer on an export shipment.
4. Delivery receipt (copy) with damage "exceptions" noted (see A. above).
5. Survey report (original) with photographs (see B. above).
6. Claim letters (copies) to all transporters holding them responsible for the damage, and their replies.
Promptly file claim in writing against the delivering carrier holding them responsible as soon as loss or damage is
discovered, even though the full extent thereof may not yet be determined; details can be furnished later. If loss
or damage is not apparent at time of delivery but is discovered thereafter, file claim in writing against the carrier
or their representative within 3 days of delivery on shipments by an ocean carrier or 7 days on shipments by air.
When delivery is made by container, examine the container and its seals immediately before taking delivery.
If the container is delivered with seals broken or missing or with seals other than as stated in the shipping
documents, note the delivery receipt accordingly and return all defective or irregular seals for subsequent
identification. Preserve containers or other shipping packages and their contents in condition received until
survey is held, unless further damage would result.
7. Invoices (copies) for repairs or reconditioning expenses.
8. Packing list (copies) of goods shipped.
9. Other correspondence and documents relating to the transportation of the cargo.
B. Complete claim documentation should be sent to the nearest office of the Company or their representative
(see B. Above) for adjustment.
C. Export Shipments:
In the event of loss or damage on export shipments, the instructions on the certificate of insurance should be
followed. The consignee must report the loss or damage immediately and request a survey without delay from the
nearest:
1. Office of the Company, or
2. Survey representative of the Company shown on the certificate of insurance, or
3. Survey representative of the American Institute of Marine Underwriters, or
4. Survey representative of Lloyd's Agent.
D. Preservation Of Damaged Goods & Packing Material:
Damaged goods and all packing material must be preserved in the condition received until the survey is completed.
The cargo carrier should also be requested to inspect the damaged cargo. The surveyor will issue a survey report
stating the cause, nature, and extent of loss or damage. The Company will customarily reimburse the cargo owner
for their payment of the surveyor’s fee.
GENERAL CLAUSES
5. INSURABLE INTEREST CLAUSE
To cover all shipments made by or to the Insured for their own account as principals or as agents for others and in
which they have an insurable interest; or for the account of others from whom written instructions to insure have been received prior to any known or reported loss, damage, or accident, and prior to sailing of vessel, but excluding
shipments sold by or purchased by the Insured on terms whereby the Insured is not obliged to furnish marine insurance.
6. CONVEYANCE CLAUSE
Shipped by:
a. Metal self-propelled vessels and connecting conveyances by land or otherwise, but excluding sailing vessels,
with or without auxiliary power, except as connecting conveyances;
b. Aircraft and connecting conveyances;
Note: wherever the words "ship", .vessel., "seaworthiness", "shipowner" or .vessel owner" appear in this policy,
they are deemed to include, also, the words "aircraft", "airworthiness" and "aircraft owner".
c. Mail or parcel post.
d. Metal barges (other than as connecting conveyances).
7. CRAFT CLAUSE
Including transit by craft and/or lighter to and from the vessel. Each craft and/or lighter to be deemed a separate
insurance. The Insured is not to be prejudiced by any agreement exempting lightermen from liability.
8. CARRIER CLAUSE
Warranted that this insurance shall not inure, directly or indirectly, to the benefit of any carrier or bailee.
9. LETTER OF CREDIT CLAUSE
It is agreed that Certificates may be issued hereunder by the Insured to comply with the insurance requirements of any letter of credit and/or sales contract concerned, provided the coverage required is not broader than that provided by the current Policy wording. In the event that broader coverage is required, prior agreement of the Company is to be obtained.
SCOPE OF TRANSIT CLAUSES
10. WAREHOUSE TO WAREHOUSE CLAUSE
This insurance attaches from the time the goods leave the warehouse and/or store at the place named in the policy for the commencement of the transit and continues during the ordinary course of transit, including customary transhipment, if any, until the goods are discharged overside from the overseas vessel at the final port. Thereafter the insurance continues whilst the goods are in transit and/or awaiting transit until delivered to final warehouse at the destination named in the policy or until the expiry of fifteen (15) days (or thirty (30) days if the destination to which the goods are insured is outside the limits of the port) whichever shall first occur. The time limits referred to above to be reckoned from midnight of the day on which the discharge overside of the goods hereby insured from the overseas vessel is completed. Held covered at a premium to be agreed in the event of transhipment, if any, other than as above and/or in the event of delay in excess of the above time limits arising from circumstances beyond the control of the Insured.
It is necessary for the Insured to give prompt notice to the Company when they become aware of an event for which they are "held covered" under this policy and the right to such cover is dependent on compliance with this obligation.
11. MARINE EXTENSION CLAUSES (AMERICAN INSTITUTE - APRIL, 1943)
Notwithstanding anything to the contrary contained in or endorsed on this policy it is understood and agreed that in
consideration of premium as agreed the following terms and conditions shall apply to all shipments which become at risk hereunder.
1. This insurance attaches from the time the goods leave the warehouse at the place named in the policy, certificate or declaration for the commencement of transit and continues during the ordinary course of transit until the goods are delivered to the final warehouse at the destination named in the policy, certificate or declaration, or a substituted destination as provided in Clause 3, hereunder.
2. This insurance specially to cover the goods during
i. deviation, delay, forced discharge, reshipment and transhipment;
ii. any other variation of the adventure arising from the exercise of a liberty granted to the shipowner or charterer under the contract of affreightment.
3. In the event of the exercise of any liberty granted to the shipowner or charterer under the contract of
affreightment whereby such contract is terminated at a port or place other than the original insured destination, the insurance continues until the goods are sold and delivered at such port or place; or, if the goods be not sold but are forwarded to the original insured destination or to any other destination this insurance continues until the goods have arrived at final warehouse as provided in Clause 1.
4. If while this insurance is still in force and before the expiry of fifteen (15) days from midnight of the day on which the discharge overside of the goods hereby insured from the overseas vessel at the final port of discharge is completed, the goods are resold (not being a sale within the terms of Clause 3) and are to be forwarded to a destination other than that covered by this insurance, the goods are covered hereunder while deposited at such port of discharge until again in transit or until the expiry of the aforementioned fifteen (15) days while this insurance is still in force, the protection afforded hereunder shall cease as from the time of the sale.
5. Held covered at a premium to be arranged in case of change of voyage or of any omission or error in the
description of the interest, vessel or voyage.
6. This insurance shall in no case be deemed to extend to cover loss, damage or expense proximately caused by delay or improper packaging or inherent vice or nature of the subject matter insured.
7. It is a condition of this insurance that there shall be no interruption or suspension of transit unless due to
circumstances beyond the control of the Insured.
All other terms and conditions of the policy not in conflict with the foregoing remain unchanged, it being particularly understood and agreed that the F.C. & S. Warranty remains in full force and effect, and that nothing in the foregoing shall be construed as extending this insurance to cover any risks of war or consequences of hostilities.
12. SOUTH AMERICAN CLAUSE (DECEMBER, 1948)
With respect to shipments of goods and merchandise insured in U.S. currency and shipped to South America,
notwithstanding anything contained elsewhere herein to the contrary (particularly the Warehouse to Warehouse and
Marine Extension Clauses), the insurance provided hereunder shall continue to cover for sixty (60) days, (ninety (90) days on shipments via the Magdalena River), after completion of discharge of the overseas vessel at port of destination or until the goods are delivered to the final warehouse at destination, whichever may first occur, and shall then terminate.
The time limits referred to above to be reckoned from midnight of the day on which the discharge of the overseas vessel is completed.
13. CONSOLIDATION, DECONSOLIDATION & CONTAINERIZATION CLAUSE
The insurance provided hereunder shall cover goods while on premises of freight forwarders, consolidators, truckers, warehousemen or others for the purpose of consolidation, deconsolidation, containerization, decontainerization, distribution, redistribution or otherwise anywhere in the world whether prior to loading and/or after discharge from overseas vessel or at any transshipment point for a period not exceeding thirty (30) days after arrival at such premises. Held covered in the event of delay in excess of the above time limit at additional premium to be agreed. Goods held in excess of thirty (30) days subject to monthly reporting.
14. DEVIATION CLAUSE
This insurance shall not be vitiated by any unintentional error in description of vessel, voyage or interest, or by deviation, overcarriage, change of voyage, transhipment or any other interruption of the ordinary course of transit, from causes beyond the control of the Insured. It is agreed, however, that any such error, deviation or other occurrence mentioned above shall be reported to the Company as soon as known to the Insured, and additional premium paid if required.
15. RETURNED/REFUSED SHIPMENTS CLAUSE
This insurance to cover all shipments, as originally insured under this policy, which may be refused at time of delivery by the consignee(s), and/or the Insured while awaiting shipment or reshipment and until received by the consignee(s) and/or the Insured. Notwithstanding anything contained herein or added by endorsement, the coverage hereunder terminates upon the expiration of sixty (60) days from the date of refusal and/or when received by the consignee(s) and/or the Insured, whichever first occurs. Held covered in excess of the above time limit at terms, conditions and additional premium to be agreed.
16. F.O.B. AND F.A.S. SHIPMENTS CLAUSE
It is agreed this policy is extended to cover shipments of goods and merchandise sold by the Insured on Free on Board (F.O.B.), Free Along Side (F.A.S.), Cost and Freight (C&F) or similar terms whereby the Insured is not obliged to furnish ocean marine insurance. This insurance attaches subject to policy terms and conditions and continues until the goods are loaded on board the overseas vessel or until the Insured's interest ceases, whichever shall first occur.
FORMS AND ENDORSEMENTS SCHEDULE
It is hereby understood and agreed the following forms and endorsements are attached to and are a part of this policy:
ENDT # |
FORM AND EDITION |
EFF DATE |
FORM DESCRIPTION |
|
GAI2000 01/11 |
11/01/2019 |
OPEN CARGO POLICY DECLARATION PAGE |
|
GAI2003 12/18 |
11/01/2019 |
STANDARD CARGO COVERAGE |
|
GAI2006 01/11 |
11/01/2019 |
PREMIUM DECLARATIONS PAGE |
|
GAI2014 01/11 |
11/01/2019 |
SCHEDULE OF RATES |
001 |
GAI2037 01/11 |
11/01/2019 |
INLAND TRANSIT ENDORSEMENT |
002 |
GAI2298 01/01 |
11/01/2019 |
INSTRUCTIONS IN CASE OF LOSS OR DAM |
003 |
GAI2298 01/01 |
11/01/2019 |
COST OF RETURN FREIGHT CLAUSE |
004 |
GAI2611 06/16 |
11/01/2019 |
AMERICAN INSTITUTE CYBER EXCLUSION |
It is hereby understood and agreed the following forms and endorsements are attached to and are a part of policy
CLAUSE INDEX
Clause Name Clause #
Accumulation Clause 6
Additional Clauses 67-70
Assignment Warranty 21.F
Attachment Clause 1
Average Terms and Conditions 7
Bill of Lading Clause 28
Both to Blame Clause 29
Brands, Trademarks and Labels Clause 42
Cancellation Clause 68
Carrier Clause 12
Carton Damage Clause 60
Certificate of Insurance Clause 62
Chemical, Biological, Bio-Chemical and Electromagnetic Exclusion Clause
(March 1, 2003) 21.E
Choice of Law Clause 53
Claims Clauses 36-60
Concealed Damage Clause 43
Consolidation, Deconsolidation & Containerization Clause 17
Constructive Total Loss Clause 49
Container Demurrage Charges Clause 40
Control of Damaged Goods Clause 46
Conveyance Clause 10
Craft Clause 11
Debris Removal Clause 33
Delay Warranty 21.C
Deliberate Damage By U.S. Customs Service or Canadian Customs Service Clause 32
Deliberate Damage - Pollution Hazard Clause 31
Deviation Clause 18
Duty of Insured Clause 37
Economic and Trade Sanctions Clause 21.I
Errors and Omissions Clause 64
Expediting Cost Clause 44
Explosion Clause 26
Extended Radioactive Contamination Exclusion Clause with U.S.A. Endorsement
(March 1, 2003) 21.D
Extra Expense / Insolvency Clause 59
F.C. & S. Warranty 21.A
F.O.B. and F.A.S. Shipments Clause 20
Fraudulent Bills of Lading Clause 35
Full Value Reporting Clause 61
Fumigation Clause 27
General Average Clause 22
General Clauses 8-13
Geographical Limits Clause 4
Goods Insured Clause 2
Headings & Captions Clause 69
Illicit Trade Warranty 21.H
Impairment of Recovery Clause 56
Import Duty Clause 9
Inchmaree Clause 24
CLAUSE INDEX
Clause Name Clause #
Inspection of Records Clause 66
Insurable Interest Clause 8
Labels Clause 41
Letter of Credit Clause 13
Limit of Liability Clause 5
Loss Payable Clause 51
Machinery Clause 47
Marine Extension Clauses (American Institute - April 1943) 15
Misrepresentation and Fraud Warranty 21.G
Notice of Loss Clause 36
Other Insurance Clause 57
Other Perils Clauses 22-35
Pairs and Sets Clause 45
Paramount Warranties 21
Partial Loss Clause 48
Payment of Loss/Examination Under Oath Clause 50
Payment on Account Clause 58
Perils Clause 23
Premium and Reporting Clauses 61-66
Producer Clause 67
Protection of Suit Time Clause 55
Recoopering/Repacking Clause 39
Reporting and Payment of Premiums Clause 63
Return Premium Clause 65
Returned/Refused Shipments Clause 19
S.R. & C.C. Endorsement (Form No. 12A) (AIMU JANUARY 1, 2008) 34
S.R. & C.C. Warranty 21.B
Scope of Transit Clauses 14-20
Severability Clause 70
Shore Clause 25
South American Clause (DECEMBER 1948) 16
Subrogation Clause 54
Sue and Labor Clause 38
Time for Suit Clause 52
Valuation Clause 3
Warehouse to Warehouse Clause 14
Warehousing & Forwarding Charges, Packages Totally Lost in Loading, Etc. Clause 30
PARAMOUNT WARRANTIES
The following warranties shall be paramount and shall not be modified or superseded by any other provision
included herein or stamped or endorsed hereon unless such other provision refers specifically to the risks
excluded by these warranties and expressly assumes the said risks.
21.A. F.C. & S. WARRANTY
Notwithstanding anything contained herein to the contrary this insurance is warranted free from:
1. capture, seizure, arrest, restraint, detainment, confiscation, preemption, requisition or nationalization, and the consequences thereof or any attempt thereat, whether in time of peace or war and whether lawful or otherwise;
2. all loss, damage or expense, whether in time of peace or war, caused by:
a. any weapon of war employing atomic or nuclear fission and/or fusion or other reaction or radioactive force or
b. any mine or torpedo:
3. all consequences of hostilities or warlike operations (whether there be a declaration of war or not), but this warranty shall not exclude collision or contact with aircraft, or with rockets or similar missiles (other than weapons of war) or with any fixed or floating object (other than a mine or torpedo), stranding, heavy weather, fire or explosion unless caused directly (and independently of the nature of voyage or service which the vessel concerned or, in the case of collision, any other vessel involved therein, is performing) by a hostile act by or against a belligerent power; and for the purposes of this warranty "power" includes any authority maintaining naval, military or air forces in association with a power;
4. the consequences of civil war, revolution, rebellion, insurrection, or civil strife arising therefrom; or from the consequences of the imposition of martial law, military or usurped power; or piracy.
21.B. S.R. & C.C. WARRANTY
Notwithstanding anything herein contained to the contrary, this insurance is warranted free from loss, damage or expense caused by or resulting from:
1. strikes, lockouts, labor disturbances, riots, civil commotions, or the acts of any person or persons taking part in any such occurrences or disorders;
2. vandalism, sabotage or malicious act, which shall be deemed also to encompass the act or acts of one or more persons, whether or not agents of a sovereign power, carried out for political, terroristic or ideological purpose and whether any loss, damage or expense resulting therefrom is accidental or intentional.
21.C. DELAY WARRANTY
Warranted free of claim for loss of market or for loss, damage, expense or deterioration arising from delay, whether
caused by a peril insured against or otherwise, unless expressly assumed in writing elsewhere in this policy.
21.D. EXTENDED RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE WITH U.S.A. ENDORSEMENT
(March 1, 2003)
This clause shall be paramount and shall override anything contained in this insurance inconsistent therewith:
5. In no case shall this insurance cover loss, damage, liability or expense directly or indirectly caused by or contributed to by or arising from
5.1. ionizing radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel,
5.2. the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly or nuclear component thereof,
5.3. any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter,
5.4. the radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter. The exclusion in this sub-clause does not extend to radioactive 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.
RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE (U.S.A. ENDORSEMENT)
This insurance is subject to the Extended Radioactive Contamination Exclusion Clause (March 1, 2003) provided that
If fire is an insured peril
and
where the subject matter insured or, in the case of a reinsurance, the subject matter insured by the original insurance, is within the U.S.A., its islands, onshore territories or possessions
and
a fire arises directly or indirectly from any one or more of the causes detailed in Sub-Clauses 1.1, 1.2, and 1.4 of the
Extended Radioactive Contamination Exclusion (March 1, 2003) any loss or damage arising directly from that fire shall, subject to the provisions of this insurance, be covered, EXCLUDING, however any loss, damage, liability or expense caused by nuclear reaction, nuclear radiation, or radioactive contamination arising directly or indirectly from that fire.
21.E. CHEMICAL, BIOLOGICAL, BIO-CHEMICAL, AND ELECTROMAGNETIC EXCLUSION CLAUSE
(March 1, 2003)
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 or arising from an actual or threatened act involving a chemical, biological, bio-chemical or electromagnetic weapon, device, agent or material when used in an intentionally hostile manner.
21.F. ASSIGNMENT WARRANTY
This policy shall be void if assigned or transferred without the written consent of the Company.
21.G. MISREPRESENTATION AND FRAUD WARRANTY
This policy shall be void if the Insured has concealed or misrepresented any material fact or circumstance concerning this insurance or the subject thereof or in case of any fraud, attempted fraud or false swearing by the Insured touching any matter relating to this insurance or the subject thereof, whether before or after a loss.
21.H. ILLICIT TRADE WARRANTY
Warranted free from any charge, expense, damage or loss which may arise in consequence of a seizure or detention for or on account of any illicit or prohibited trade in articles, contraband of war, or in violation of any port rules or regulations.
21.I. ECONOMIC AND TRADE SANCTIONS CLAUSE
Whenever coverage provided by this policy or any coverage relating to or referred to in any certificates or other
evidences of insurance or any claim would be in violation of any United States, United Kingdom or European Union
economic or trade sanctions, laws, or regulations and/or United Nations resolutions, such coverage shall be null and void.
OTHER PERILS CLAUSES
22. GENERAL AVERAGE CLAUSE
General Average, Salvage Charges and Special Charges payable according to United States laws and usage and/or as
per foreign statement and/or as per York-Antwerp Rules (as prescribed in whole or in part) if in accordance with the
contract of affreightment.
23. PERILS CLAUSE
Touching the adventures and perils which the Company is contented to bear, and take upon itself, they are of the seas, fires, assailing thieves, jettisons, barratry of the master or mariners, and all other like perils, losses or misfortunes that have or shall come to the hurt, detriment or damage of the said goods and merchandise, or any part thereof, except as may be otherwise provided for herein or endorsed hereon.
In respect to shipments via aircraft, the words, “seas” and “barratry of the master and mariners” shall be read as “air” and “breaches of trust by the air crew,” respectively.
24. INCHMAREE CLAUSE
This insurance is also specially to cover any loss of or damage to the interest insured hereunder, through the bursting of boilers, breakage of shafts or through any latent defect in the machinery, hull or appurtenances, or from faults or errors in the navigation and/or management of the vessel by the master, mariners, mates, engineers or pilots.
25. SHORE CLAUSE
Where this insurance by its terms covers while on docks, wharves or elsewhere on shore, and/or during land
transportation, it shall include the risks of collision, derailment, overturning or other accident to the conveyance, fire, lightning, sprinkler leakage, cyclones, hurricanes, earthquakes, floods (meaning the rising of navigable waters), and/or collapse or subsidence of docks or wharves, even though the insurance be otherwise free from Particular Average.
26. EXPLOSION CLAUSE
The risks covered by this policy include loss, damage or expense resulting from explosion howsoever or wheresoever occurring, irrespective of percentage, unless excluded by the F.C. & S. and/or S.R. & C.C. Warranties and/or Extended Radioactive Contamination Exclusion Clause with U.S.A. Endorsement (March 1, 2003) and/or Chemical, Biological, Bio-Chemical, Electromagnetic Exclusion Clause set forth elsewhere in this policy.
27. FUMIGATION CLAUSE
In the event the vessel or other place is fumigated by order of a properly constituted authority and direct loss or damage to goods or merchandise insured hereunder results therefrom, the Company agrees to indemnify the Insured for such loss or damage and the Insured agrees to subrogate to the Company any recourse that they may have for recovery of such loss or damage from others.
28. BILL OF LADING CLAUSE
The Insured is not to be prejudiced by the presence of the negligence clause and/or latent defect clause in the bills of
lading and/or charter party. The seaworthiness of the vessel as between the Insured and the Company is hereby
admitted and the wrongful act or misconduct of the shipowner or his servants causing a loss is not to defeat the recovery by an innocent Insured if the loss in the absence of such wrongful act or misconduct would have been a loss recoverable under the policy. With leave to sail with or without pilots, and to tow and assist vessels or craft in all situations, and to be towed.
29. BOTH TO BLAME CLAUSE
Where goods are shipped under a bill of lading containing the so-called "Both to Blame Collision" Clause, the Company agrees as to all losses covered by this insurance, to indemnify the Insured for this policy.s proportion of any amount (not exceeding the amount insured) which the Insured may be legally bound to pay to the shipowners under such clause. In the event that such liability is asserted, the Insured agrees to notify the Company who shall have the right at their own cost and expense to defend the Insured against such claim.
30. WAREHOUSING & FORWARDING CHARGES, PACKAGES TOTALLY LOST IN LOADING, ETC. CLAUSE
The Company agrees to pay any landing, warehousing, forwarding and special charges for which this policy in the
absence of such warranty would be liable. Also to pay the insured value of any package or packages which may be
totally lost in loading, transhipment or discharge.
31. DELIBERATE DAMAGE - POLLUTION HAZARD CLAUSE
This insurance also covers (but only while the property insured is on board a waterborne conveyance) loss of or damage to said property directly caused by governmental authorities acting for the public welfare to prevent or mitigate a pollution hazard or threat thereof, provided that the accident or occurrence creating the situation which required such governmental action would have resulted in a recoverable claim under the policy (subject to all its terms, conditions and warranties) if the property insured would have sustained physical loss or damage as a direct result of such accident or occurrence. This clause shall not increase the limits of liability provided for elsewhere herein.
32. DELIBERATE DAMAGE BY U.S. CUSTOMS SERVICE OR CANADIAN CUSTOMS SERVICE CLAUSE
This insurance covers the risk of direct physical loss of or damage to the property insured arising out of the performance of inspection duties by the U.S. Customs Service or Canadian Customs Service or another governmental agency of the United States or Canada which is performing inspection duties of or for the U.S. Customs Service or Canadian Customs Service. But, the Company will not pay, under this coverage extension or otherwise, for loss, damage or deterioration arising from delay even if the delay is caused by a peril insured against.
33. DEBRIS REMOVAL CLAUSE
This insurance covers expenses incurred by the Insured in the removal of debris of the property insured hereunder which is occasioned by loss covered hereunder except that the Company shall not be liable for more than 10% of the insured value of the shipment not to exceed $25,000. Nothing contained herein shall be construed to cover any clean up expenses for which the Insured may be liable under any pollution statute.
34. S.R. & C.C. ENDORSEMENT (Form No. 12A) (AIMU JANUARY 1, 2008)
This insurance also covers:
1. Physical loss of or damage to property insured directly caused by strikers, locked-out workmen, or persons taking part in labor disturbances or riots or civil commotions;
2. Physical loss of or damage to the property insured directly caused by vandalism, sabotage or malicious acts; and,
3. Physical loss of or damage to the property insured directly caused by the act or acts of one or more persons, whether or not agents of a sovereign power, carried out for political, terroristic or ideological purposes and whether any loss, damage or expense resulting therefrom is accidental or intentional;
PROVIDED that any claim to be recoverable under this subsection (3) be not excluded by the Free of Capture & Seizure Warranty, Extended Radioactive Contamination Exclusion Clause (Extended RACE Clause) or Chemical, Biological, Bio-Chemical and Electromagnetic Exclusion Clause (CBE Clause) in the Policy to which this endorsement is attached. Notwithstanding the foregoing, coverage under this subsection (3) is conditional upon the property insured being in the ordinary course of transit and, in any event, shall terminate:
a. As per the Warehouse to Warehouse Clause, Marine Extension Clause, 60 Day South American Clause and any other clauses relating to duration of transit contained in or endorsed onto the Policy; or,
b. on delivery to the consignee’s or other final warehouse or place of storage at the destination named herein; or,
c. on delivery to any warehouse or place of storage whether prior to or at the destination named herein, which the Insured elects to use either for storage other than in the ordinary course of transit or for allocation or distribution; or,
d. in respect of marine transits, on the expiry of 60 days after completion of discharge overside of the property insured from the vessel at the port of discharge; or,
e. in respect of air transits, on the expiry of 30 days after unloading the property insured from the aircraft at the place of discharge;
whichever shall first occur.
Notwithstanding the foregoing, nothing in this clause excludes coverage for insured losses, which are otherwise covered by this insurance, caused by certified acts of terrorism, as defined in the Terrorism Risk Insurance Act (P.L. #107-297), or any subsequent amendments or endorsements to the Act.
While the property insured is at risk under the terms and conditions of this insurance within the United States of America, the Commonwealth of Puerto Rico, the U.S. Virgin Islands and Canada, this insurance is extended to cover physical loss of or damage to the property insured directly caused by acts committed by an agent of any government, party or faction engaged in war, hostilities or other warlike operations, provided such agent is acting secretly and not in connection with any operation of military or naval armed forces in the country where the described property is situated.
Nothing in this endorsement shall be construed to cover any loss, damage or expense directly or indirectly arising from, contributed to or caused by any of the following, whether due to a peril insured against or otherwise:
a. change in temperature or humidity;
b. the absence, shortage, or withholding of power, fuel, or labor of any description whatsoever during any strike, lockout, labor disturbance, riot or civil commotion;
c. loss of market or loss, damage or deterioration arising from delay;
d. hostilities, warlike operations, civil war, revolution, rebellion or insurrection, or civil strife arising therefrom, except to the limited extent that the acts of certain agents acting secretly have been expressly covered above; or,
e. nuclear reaction, radiation or radioactive contamination, as per Extended RACE Clause;
f. chemical, biological, bio-chemical or electromagnetic weapon, device, agent or material, as per CBE Clause.
The Insured agrees to report all shipments attaching under this cover and to pay premiums therefore at the rates
established by the Insurer from time to time.
This endorsement may be canceled by either party upon forty-eight hours written, telegraphic, telefaxed, or electronic notice to the other party, but such cancellation shall not affect any risks which have already attached hereunder.
35. FRAUDULENT BILLS OF LADING CLAUSE
This policy also covers physical loss incurred by the Insured through the acceptance by the Insured, its Agents or the
shipper of fraudulent bills of lading, shipping receipts, messenger receipts, warehouse receipts or other shipping
documents. Also loss or damage caused by the utilization of legitimate bills of lading and/or other shipping documents without the authorization and/or consent of the Insured or its Agents.
CLAIMS CLAUSES
36. NOTICE OF LOSS CLAUSE
In case of loss or damage which may give rise to a claim under this policy same shall be reported as soon as practicable to the Company or its designated representatives. Failure to report loss or damage promptly shall invalidate any claim under this policy.
37. DUTY OF INSURED CLAUSE
It is the duty of the Insured and their agents, in all cases, to ensure that all rights against carriers, bailees or other third parties are properly preserved and exercised.
38. SUE AND LABOR CLAUSE
In case of any loss or misfortune arising from an insured peril, it shall be lawful and necessary to and for the Insured, his or their factors, servants and assigns, to sue, labor and travel for, in and about the defense, safeguard and recovery of the goods and merchandise, or any part thereof without prejudice to this insurance; nor shall the acts of the Insured or the Company in recovering, saving and preserving the property insured in case of disaster be considered a waiver or an acceptance of abandonment; to the charges whereof the Company will contribute in proportion to the sum hereby insured.
39. RECOOPERING/REPACKING CLAUSE
In the event the packaging of the goods and/or merchandise and/or property insured under this policy is damaged due to a risk insured against, the Company will pay the cost of recoopering and/or the cost of new packaging.
In the event the packaging of the goods and/or merchandise and/or property insured under this policy is damaged during the currency of this insurance due to a risk insured against, rendering the goods and/or merchandise and/or property unfit for on-shipment or distribution, the Company will pay the cost of recoopering and/or the cost of new packaging, including expenses incurred at insured destination if the merchandise insured is to be forwarded to another destination.
40. CONTAINER DEMURRAGE CHARGES CLAUSE
The Company will pay the amount of demurrage charges and/or late penalties assessed against and paid by the Insured for the late return of containers when such containers are kept by the Insured at the instructions of the Company for inspection by a surveyor in connection with any claim against this policy. The time period for which the Company shall be liable under this clause shall begin when the Company instructs the Insured to retain the containers for inspection and shall end when such surveyor instructs the Insured to return the containers.
41. LABELS CLAUSE
In case of damage affecting labels, capsules or wrappers, the Company, if liable therefor under the terms of this policy, shall not be liable for more than an amount sufficient to pay the cost of new labels, capsules or wrappers, and the cost of reconditioning the goods, but in no event shall the Company be liable for more than the insured value of the damaged merchandise.
42. BRANDS, TRADEMARKS AND LABELS CLAUSE
In case of damage to property bearing a brand, trademark or label, or the sale of which carries or implies a guarantee of the supplier or the Insured or the buyer under whose brand, trademark or label the goods have been shipped, the salvage value of such damaged property shall be determined after the removal of all brands, trademarks or labels, but in no event shall the Company be liable for more than the insured value of the damaged merchandise.
43. CONCEALED DAMAGE CLAUSE
It is agreed that any damage found upon opening of cases and/or cartons at the final destination shall be adjusted by the Company in the same manner as though the cases and/or cartons had been opened immediately upon their arrival, provided such damage is recoverable under the terms of this policy and warranted that such opening of cases and/or cartons must be made not later than thirty (30) days from the date of receipt at the final destination. Further, warranted that where cases and/or cartons arrive at the final destination in a damaged condition, those cases and/or cartons shall be opened immediately and reported promptly to this Company.
44. EXPEDITING COST CLAUSE
In the event of partial loss or damage covered hereunder, this policy is extended to cover the expense of Air Express
and/or Air Freight charges for replacement parts, but in no event shall the Company be liable for more than the insured value of the damaged merchandise.
45. PAIRS AND SETS CLAUSE
It is agreed that in the event of loss or damage to one or more pieces of a set consisting, when complete for sale or use, of two or more component pieces, the Company shall pay the insured value of the total set.
The Company may at its option require the Insured to surrender the remaining property or parts thereof, damaged or undamaged, upon payment of any loss.
46. CONTROL OF DAMAGED GOODS CLAUSE
It is understood and agreed that in the case of physical damage to goods insured under this policy, the Insured shall
retain control of all damaged goods. The Insured, however, agrees wherever practicable to recondition and sell such
goods after removal of all brands and trademarks. Where the Insured and the Company agree the disposal or sale of
such damaged goods is detrimental to the Insured’s interest (or which the Insured is unable to sell or dispose of under their agreement with any trade association), and subject to the Company’s prior written approval, such damage shall be treated as a constructive total loss and the Insured shall dispose of the damaged goods to the best advantage, the Company being entitled to such proceeds, or they shall be destroyed in the presence of a representative of the Company and the Insured.
47. MACHINERY CLAUSE
When the property insured under this policy includes a machine consisting when complete for sale or use of several
parts, then in case of loss or damage covered by this insurance to any part of such machine, the Company shall be liable only for the proportion of the insured value of the part lost or damaged, or at the Insured's option, for the cost and expense, including labor and forwarding charges, of replacing or repairing the lost or damaged part; but in no event shall the Company be liable for more than the insured value of the complete machine.
48. PARTIAL LOSS CLAUSE
In case of a covered partial loss to the goods and/or merchandise and/or property insured under this policy caused by
risks insured against, the loss shall be determined by a separation of the damaged portion of the insured goods and/or merchandise and/or property from the sound and shall be the percentage of damage on the damaged portion as agreed by the Insured and this Company.
If no percentage is mutually agreed upon, then by public sale of the damaged portion for the account of the Insured and by comparison of the amount so realized with the market value of the damaged portion if it were in sound condition on the day of sale.
At the option of the Insured, claims for insured goods and/or merchandise and/or property arriving at destination in a
damaged condition may be settled on a “salvage adjustment” basis, with this Company paying the insured value of the damaged portion after taking credit for any salvage proceeds.
49. CONSTRUCTIVE TOTAL LOSS CLAUSE
No recovery for a constructive total loss shall be had hereunder unless the property insured is reasonably abandoned on account of its actual total loss appearing to be unavoidable or because it cannot be preserved from actual total loss without an expenditure which would exceed its value when the expenditure had been incurred.
50. PAYMENT OF LOSS / EXAMINATION UNDER OATH CLAUSE
In case of loss, such loss is to be paid within thirty (30) days after proof of loss, proof of interest, and adjustment thereof (the amount of the premium, if unpaid, and all sums due to the Company from the Insured when such loss becomes due being first deducted, and all sums coming due being first paid or secured to the satisfaction of this Company). Proof of loss to be authenticated by the Company or its designated representatives, and the Insured and/or certificate holder agree to be examined under oath if so requested by the Company.
51. LOSS PAYABLE CLAUSE
Loss, if any, payable to the Insured or order.
52. TIME FOR SUIT CLAUSE
It is a condition of this policy that no suit, action or proceeding on this policy for the recovery of any claim shall be
sustainable in any court of law or equity unless the Insured shall have fully complied with all the requirements of this policy and unless commenced within twelve (12) months next after the calendar date of the physical loss or damage out of which the said claim arose, provided that where such limitation of time is prohibited by the laws of the place wherein this policy is issued, then, and in that event, no suit, action or proceeding under this policy shall be sustainable, unless commenced within the shortest limitation permitted under the laws of such place.
53. CHOICE OF LAW CLAUSE
This policy and all of its endorsements shall be governed by Federal Maritime Law of the United States. In the absence thereof, the laws of the state of New York shall apply.
54. SUBROGATION CLAUSE
It is agreed that upon payment of any loss, damage or expense, this Company is to be subrogated to all the rights of the Insured, to the extent of the payment made, against any carrier, bailee or other third party, which may be liable for the loss, damage or expense. However, it is agreed that no right of subrogation, except through General Average, shall lie against any Insured named in this policy and/or a subsidiary and/or affiliated and/or associated company or any additional insured named herein; or against any vessel or craft or against any pipeline, on which cargo hereby insured is being carried or in respect of which freight insured hereunder is at risk, belonging in part or in whole to or chartered by the Insured and/or a subsidiary and/or affiliated and/or associated company and/or an additional insured named herein.
It is agreed that any and all recoveries shall be prorated between this Company and the Insured in the same proportion as the original loss was incurred by this Company and the Insured.
It is further agreed that no suit against a third party will be instituted by this Company in the name of the Insured without the prior approval of the Insured.
55. PROTECTION OF SUIT TIME CLAUSE
This Company agrees to protect suit time on behalf of the Insured from any and all claims filed under this policy. This Company agrees to notify the Insured if the Insured’s assistance is required in obtaining an extension of suit time. The Insured agrees to fully cooperate in any recovery effort or protection of suit time by the Company. The Insured’s claim will not be prejudiced by loss or reduction in recovery unless due to the negligence of the Insured. In no event will the Insured’s claim be reduced by more than the reasonable expected recovery.
56. IMPAIRMENT OF RECOVERY CLAUSE
In case of any agreement or act by the Insured whether prior, simultaneous or subsequent hereto, whereby any such right of recovery of the Insured for loss of or damage to any property insured hereunder is released, lost or impaired, which would, except for such agreement or act, upon acceptance of abandonment or payment of a loss by the Company have inured to its benefit, the Company, may deduct from such payment a sum equal to the estimated recovery lost by reason of the Insured’s action or inaction.
Warranted by the Insured that this insurance shall be free from liability for loss or damage to property insured hereunder in the possession of any carrier or other bailee who may be liable therefor, either under bills of lading or otherwise. However, the Company agrees to pay to the Insured the difference between the amount which would be collectible under this policy if it did not contain this warranty and the amount recoverable by the Insured from such carrier or bailee, plus the costs and expenses of prosecuting the claim against such carrier or bailee. Pending collection from such carrier or bailee the Company agrees to advance to the Insured as a loan without interest such amount as would be a claim under this policy if it did not contain this warranty, the repayment of which shall be conditional upon and only to the extent of any net recovery from such carrier or bailee.
Without prejudice to this insurance, the Insured may accept from carriers such bills of lading, receipts or contracts of
transportation containing a release or limitation of liability as to the value of the goods as are customarily issued by such carriers.
57. OTHER INSURANCE CLAUSE
a. If an interest insured hereunder is covered by other insurance which attached prior to the coverage provided by this policy, then the Company shall be liable for the amount in excess of such prior insurance; the Company shall return to the Insured premium equivalent to the cost of the prior insurance at the Company's rates.
b. If an interest insured hereunder is covered by other insurance which attached subsequent to the coverage provided by this policy, then the Company shall nevertheless be liable for the full amount of the insurance without right to claim contribution from the subsequent insurers.
c. If an interest insured hereunder is covered by other insurance which attached on the same date as the coverage provided by this policy, then the two policies shall be deemed simultaneous, and the Company will be liable only for a ratable contribution to the loss or damage in proportion to the amount insured hereunder bears to the sum of such simultaneous insurance, and will return to the Insured an amount of premium proportionate to such reduction of liability.
58. PAYMENT ON ACCOUNT CLAUSE
The Company hereunder agrees that where claims papers submitted demonstrate that only the quantum of the claim is in question, they will make a “payment on account” equal to 75% of the lower of the amounts claimed and agreed to by the Company.
59. EXTRA EXPENSE / INSOLVENCY CLAUSE
In the event of the termination of the insured voyage at a place other than the final destination due to insolvency and/or financial default of the carrier, the additional freight charges to forward the goods and/or merchandise to the final destination are a recoverable expense under this policy.
In no case shall this insurance cover loss, damage or expense caused by insolvency or financial default of owners,
managers, charterers or operators of the vessel where, at the time of loading of the subject matter insured onboard the vessel, the Insured is aware, or in the ordinary course of business should be aware, that such insolvency or financial default could prevent the normal execution of the voyage.
60. CARTON DAMAGE CLAUSE
Loss or damage to cardboard shipping cartons occurring during the coverage provided by this policy will be payable
hereunder.
PREMIUM AND REPORTING CLAUSES
61. FULL VALUE REPORTING CLAUSE
It is warranted that if the total value at risk exceeds the limit of liability provided by this policy, the Insured shall report to the Company the full amount at risk and shall pay full premium thereon. The acceptance by the Company of such reports and premiums shall not alter or increase the limit of liability of the Company, but the Company shall be liable for the full amount of loss up to but not exceeding the applicable limit of liability as expressed in Clause 5, or, if applicable, Clause 6.
62. CERTIFICATE OF INSURANCE CLAUSE
Authority is hereby granted the Insured to countersign and issue the form of Certificate of Insurance furnished by the Company, in respect to merchandise covered under this policy. The Insured warrants that said Certificate of Insurance when issued will be in accordance with the terms and conditions of this policy and warrants and agrees to mail or deliver to the producer as listed on the Declarations Page copies of all such Certificates of Insurance.
The permission may be revoked at any time by written notice from the Company and the Insured agrees thereupon to return immediately all unused Certificates of Insurance.
63. REPORTING AND PAYMENT OF PREMIUMS CLAUSE
Unless otherwise endorsed elsewhere in this policy it is warranted by the Insured to declare to the producer of record
named herein for transmission to the Company or its representatives on the date of receiving advice thereof, or as soon thereafter as practicable, all shipments to which this policy attaches. The Insured shall pay premiums at rates set forth in the schedules attached hereto on all shipments covered by this policy, whether reported or not. Such premiums shall be paid monthly upon all shipments made during the preceding month. Should the Insured willfully fail to report shipments covered by this policy, then the policy shall, at the Company's option, become null and void at and from the date of first failure.
64. ERRORS AND OMISSIONS CLAUSE
This policy shall not be prejudiced by any unintentional delay or omission in the reporting hereunder or any unintentional error in the amount or description of the interest, vessel or voyage, or if the subject matter of the insurance be shipped by any other vessel, provided notice be given the Company as soon as practicable after said facts become known to the Insured and deficiency of premium, if any, made good.
65. RETURN PREMIUM CLAUSE
It is agreed that there shall be no return of premium if the interest insured be lost by perils not insured against hereunder.
66. INSPECTION OF RECORDS CLAUSE
The Company or its representative shall have the privilege at any time during business hours to inspect the records of the Insured as respects all shipments as long as this policy remains in force and for a reasonable time, not more than one year, thereafter.
ADDITIONAL CLAUSES
67. PRODUCER CLAUSE
a. It is agreed that for the purpose of this insurance the Insured's producer of record is the name as it appears in the declarations page.
b. It is a condition of this policy that the above producer shall be deemed to be exclusively the agent(s) of the Insured and not of the Company in any and all matters related to, connected with, or affecting this insurance. Any notice given or mailed by or on behalf of the Company to the above producer in connection with or affecting this insurance, or its cancellation, shall be deemed to have been delivered to the Insured.
68. CANCELLATION CLAUSE
a. This policy to be deemed continuous and to continue in force until canceled by either party having given the other thirty (30) days written notice (unless otherwise agreed upon), but such cancellation shall not prejudice any risk or risks which shall have attached at the time said cancellation becomes effective.
b. Notwithstanding anything herein to the contrary, the Company may effect immediate cancellation of this policy by giving written notice thereof at any time when any premium has been due and unpaid for a period of thirty (30) days; but such cancellation shall not prejudice any risk or risks which shall have attached at the time said cancellation becomes effective.
69. HEADINGS AND CAPTIONS CLAUSE
The headings and captions to the clauses set forth herein are for reference purposes only and shall not be deemed to
form part of this policy and will not be used in construing it.
70. SEVERABILITY CLAUSE
Every term of this policy shall be deemed separate, severable and independent; and in the event that any provision of
any term hereof will be declared invalid by any court of competent jurisdiction, such invalidity will not in any manner affect or impair the validity or enforceability of any other part or provision of such term or of any other term contained herein.
In witness whereof, the Company has caused this policy to be signed by its President, and attested by its Secretary, but this policy shall not be valid unless countersigned by a duly authorized representative of the Company at place of issue.
Endorsement No. 001
INLAND TRANSIT ENDORSEMENT
1. PROPERTY INSURED
It is agreed that in consideration of additional premium, this policy is extended to cover goods and merchandise as
described in Clause 2 (Goods Insured Clause) of the policy to which this endorsement is attached during transit within and between countries; the 48 contiguous states of the United States, District of Columbia and Canada. However, this endorsement's coverage shall not extend beyond the cessation of the Insured's insurable interest or upon arrival at the final destination, whichever shall first occur. Including loss or damage covered under the S.R. & C.C. Endorsement contained in this policy as long as said endorsement remains in force.
2. ATTACHMENT AND TERMINATION
This endorsement attaches from the time the goods leave the factory, store or warehouse at initial point of shipment
and covers thereafter continuously, in the due course of transportation, until same are delivered at the store or the
warehouse at the destination.
3. LIMIT OF LIABILITY
The Limit of Liability under this endorsement shall not exceed:
$ 500,000 any one land conveyance;
$ 500,000 any one aircraft or connecting conveyance;
$ 100,000 any one package when shipped by courier/air express service;
at any one time in any one loss either in case of partial or total loss, salvage charges, sue and labor, or other
charges or expenses, or all combined.
4. REPORTING AND PREMIUM PAYMENT
The Insured shall keep an accurate record of all goods and merchandise insured under this endorsement and report
Monthly all shipments insured under this policy and pay premium thereon at the rate of $ .40. If no goods and
merchandise are at risk, the Insured shall render Monthly reports marked "NIL".
5. VALUATION
As per Clause 3, Valuation Clause of the policy to which this endorsement is attached.
6. AVERAGE TERMS AND CONDITIONS
As per Clause 7, Average Terms and Conditions, of the policy to which this endorsement is attached but with the
modes of transportation amended and limited to those outlined in Clause 3, Limits of Liability of this Inland Transit
Endorsement.
7. EXCLUSIONS
Notwithstanding anything written or printed above or elsewhere herein, this policy shall not insure goods and
merchandise covered under this endorsement against:
a. Risks excluded by the F.C. & S. warranty contained in this policy.
b. Risks excluded by the Extended Radioactive Contamination Exclusion Clause with U.S.A. Endorsement (March 1, 2003) and/or Chemical, Biological, Bio-Chemical and Electromagnetic Exclusion Clause contained in this policy.
c. Loss, damage or expense caused by or resulting from delay, loss of market, indirect or consequential loss of any kind, loss of use, inherent vice, gradual deterioration, decay, or spoilage.
d. Loss, damage or expense caused by or resulting from infidelity, dishonesty, either or both, of any person or persons in the employment or service of the inland carrier (carriers for hire excepted), whether during regular hours of employment or not.
e. Mysterious or unexplained disappearance or shortage from any vehicle owned, leased or operated by the Insured.
The Company is not liable for any claim for loss or damage which without their consent has been settled or compromised by the Insured.
8. STATIONARY EXPOSURES
This endorsement also covers while on docks, wharves, piers, bulkheads, in depots, stations and/or on platforms, but
only while in the custody of a common carrier or freight consolidator incidental to transportation.
9. APPROVED CUSTODIANS
This endorsement applies while said merchandise is in the custody of:
a. Any railroad, public truckmen and land transportation companies including freight forwarders and freight consolidators. Also to cover while on trucks owned, leased and/or operated by and for the Insured;
b. Any scheduled airlines;
c. Any courier/air express service.
Shipments by mail or parcel post are not insured hereunder.
10. FRAUD AND DECEIT CLAUSE
This endorsement also covers physical loss incurred by the Insured through the acceptance by the Insured, its Agents or the shipper of fraudulent bills of lading, shipping receipts, messenger receipts, warehouse receipts or other shipping documents. Also loss or damage caused by the utilization of legitimate bills of lading and/or other shipping documents without the authorization and/or consent of the Insured or its Agents.
11. REFUSED AND/OR RETURNED SHIPMENTS CLAUSE
This endorsement to cover all shipments, as originally insured under this policy, which may be refused at time of delivery by the consignee(s), and/or the Insured while awaiting shipment or reshipment and until received by the consignee(s) and/or the Insured. Notwithstanding the above, the coverage hereunder terminates upon the expiration of sixty (60) days from the date of refusal and/or when received by the consignee(s) and/or the Insured, whichever first occurs. Held covered in excess of the above time limit at terms, conditions and additional premium to be agreed.
12. ADDITIONAL CLAUSES
a. Privilege is granted to the Insured, without prejudice to this insurance, to accept from carriers, released or under-valued bills of lading usually and customarily issued by such carriers.
b. The signing of a good order receipt shall not prejudice the Insured's rights of recovery hereunder.
c. This endorsement is extended to cover shipments sold F.O.B. Point of Shipment, only to the extent of the Insured's interest as an unpaid vendor.
13. LOSS PAYEE
Loss, if any, payable to the Insured or order.
All other policy terms and conditions remain unchanged.
Endorsement No. 002
OCEAN MARINE GENERAL ENDORSEMENT
INSTRUCTIONS IN CASE OF LOSS OR DAMAGE AMENDED
It is hereby understood and agreed form SDM 751 (Ed.01 11) is deleted from the policy and replaced with the following:
INSTRUCTIONS IN CASE OF LOSS OR DAMAGE
IMPORTANT - These instructions are very important. Failure to comply with them may void the insurance claim under this policy.
In case of known or suspected loss or damage to goods insured by the Company, these instructions must be followed immediately:
A. Import Shipments:
In the event of loss or damage on import shipments, the consignee should notify their producer or the Company directly to arrange for a survey, if survey deemed necessary by the Company, of the damaged goods. If the goods are delivered in a damaged condition or short weight, the damage and count discrepancies (called "exceptions") must be written on the delivery receipt at the time of delivery. A written claim must be filed immediately with the cargo carriers describing the condition of the goods and holding the carriers liable for the loss or damage.
B. Export Shipments:
In the event of loss or damage on export shipments, the instructions on the certificate of insurance should be followed. The consignee must report the loss or damage immediately and request a survey without delay from the nearest:
1. Office of the Company
C. Documents Required To Support A Claim Under This Policy:
INSTRUCTIONS IN CASE OF LOSS OR DAMAGE AMENDED
1. Certificate of Insurance (original and/or duplicate), or a copy of the insurance declaration if no certificate is issued.
2. Bills of Lading (copies) from all cargo transporters (ocean, air, rail, and truck).
3. Commercial sales invoice (copy) from the consignee’s supplier on an import shipment, or from the shipper to their customer on an export shipment.
4. Delivery receipt (copy) with damage "exceptions" noted (see A. above).
Promptly file claim in writing against the delivering carrier holding them responsible as soon as loss or damage is discovered, even though the full extent thereof may not yet be determined; details can be furnished later. If loss or damage is not apparent at time of delivery but is discovered thereafter, file claim in writing against the carrier or their representative within 3 days of delivery on shipments by an ocean carrier or 7 days on shipments by air. When
delivery is made by container, examine the container and its seals immediately before taking delivery.
If the container is delivered with seals broken or missing or with seals other than as stated in the shipping documents, note the delivery receipt accordingly and return all defective or irregular seals for subsequent identification. Preserve containers or other shipping packages and their contents in condition received until survey is held, unless further damage would result.
5. Packing list (copies) of goods shipped.
6. Other correspondence and documents relating to the transportation of the cargo.
D. Complete claim documentation should be sent to the nearest office
of the Company or their representative (see B. Above) for
adjustment.
Endorsement No. 003
OCEAN MARINE GENERAL ENDORSEMENT
COST OF RETURN FREIGHT CLAUSE
It is agreed that in the event of partial loss or damage covered hereunder, this policy is extended to cover the expense of the return freight, but in no event shall the Company be liable for more than the insured value of the damaged merchandise.
All other terms and conditions remain unchanged.
Endorsement No. 004
AMERICAN INSTITUTE CYBER EXCLUSION CLAUSE
(11/06/2015)
This clause shall be paramount and shall override anything contained in this insurance (including any endorsement(s)) inconsistent therewith.
In no case shall this insurance cover loss, damage, liability, or expense directly or indirectly caused by or contributed to or arising from:
1. any “malicious act” involving the use of any “computer system”, “electronic data communication system”, “computer virus”, or process or any other electronic system; and/or
2. any access to or disclosure of any “personally identifiable information” or any person’s or organization’s confidential information, including, but not limited to, patents, trade secrets, processing methods, customer lists, financial information, credit card information, or any other type of nonpublic information; and/or
3. any action or omission that violates or is alleged to violate any federal, state or local statute that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating, or distribution of any written or electronic material or information.
Where this policy provides coverage for War Risks, section 1. above shall not operate to exclude losses which would otherwise be covered by such War Risks coverage.
Definitions
“Computer system” means computer hardware of any kind; “electronic computer program”; “electronic data processing media”; operating system; media microchip; microprocessor (computer chip); integrated circuit or similar device; computer network and networking equipment; firmware; server; website; extranet; and all input, output; processing, storage, and off-line media libraries.
“Computer virus” means any corrupting, harmful or otherwise unauthorized instructions or code including, but not
limited to, any maliciously introduced unauthorized instructions or code, programmatic or otherwise, that propagate
themselves through a “computer system” or network of whatsoever nature.
“Electronic computer program” means computer software, application software, and other recorded instructions for the processing, sequencing, collecting, transmitting, recording, retrieval, or storage of “electronic data”.
“Electronic data” means information or knowledge recorded or transmitted in a form usable in a “computer system,” microchip, integrated circuit or similar device in non-computer equipment, and which can be stored on “electronic data processing media” for use by an “electronic computer program”.
“Electronic data communications system” means any communication system, including a “computer system” and the internet, which provides the Assured with access to another “computer system,” microchip, integrated circuit or similar device in non-computer equipment, or which provides any party access to the Assured’s “computer system,” microchips, integrated circuits or similar devices in non-computer equipment.
“Electronic data processing media” means punch cards, paper tapes, floppy disks, CD-ROM, hard drives, magnetic tapes, magnetic discs or any other tangible personal property on which “electronic data” or “electronic computer programs” are recorded or transmitted, but not the “electronic data” or “electronic computer programs” themselves. Money or securities are not “electronic data processing media”.
“Malicious act” shall mean the intentional and wrongful action or actions of one or more persons, whether or not agents of a sovereign power.
“Personally identifiable information” shall mean information, whether printed or digital, encrypted or unencrypted, in the care, custody or control of any Assured which alone or in conjunction with other information can be used to uniquely identify an individual. However, “personally identifiable information” does not include information which is lawfully available to the general public.
WAR RISK OPEN CARGO POLICY
This insurance policy witnesseth, that in consideration of premiums as agreed to be paid, the Company does make
insurance and cause “Insured” to be insured, lost or not lost, for account of whom it may concern, against war risks only, in accordance with the terms and conditions hereinafter set forth.
To apply to shipments made on or after November 1, 2019.
This Company shall not be liable hereunder for more than $ 500,000 by any one vessel.
In cases where the total value(s) at risk on any one vessel exceed(s) the Limit of Liability as set forth in this policy, the Insured agrees, nevertheless, to report to the Company full value(s) at risk and to pay premium thereon at the agreed rates. The Insured further agrees that acceptance of such reports and premium by the Company shall not serve to revoke or to overrule the Limit of Liability set forth in this policy; however, subject to the Limit of Liability, the Company in accepting these reports does agree to pay partial losses covered by this policy without reduction by reason of any coinsurance which otherwise may have existed in the absence of this special agreement.
Subject to the provisions of Clause 6 of this policy, should there be an accumulation of interests exceeding the above
Limit of Liability by reason of any interruption of transit beyond the control of the Insured or by reason of any casualty, and/or after the interests have been discharged from the incoming overseas vessel at an intermediate port or place for on-carriage from that or any other port or place by another overseas vessel, and/or on the oncarrying overseas vessel, this policy shall attach for the full amount at risk (but in no event for more than twice the policy limit which would be applicable to any one vessel) provided written notice be given to this Company as soon as known to the Insured.
This policy shall cover only those shipments which are insured against marine risks under Policy No. OMC 2451287 of this Company, it being agreed that the description of such shipments, the valuations thereof, the voyage, the designation of the overseas vessel (which shall be construed to include aircraft if included under the marine policy) on which the goods are to be carried and the ports and/or places of loading and discharge, as reported under the said policy against marine risks, shall be deemed incorporated herein. Notwithstanding the foregoing, this policy shall not cover purely domestic shipments by air between points in the United States of America (excluding Alaska and Hawaii).
Any loss payable hereunder shall be payable in funds current in the United States, to the order of Insured or order thirty (30) days after full proofs of loss and proofs of interest have been filed with the Company.
1.
a. This insurance is only against the risks of capture, seizure, destruction or damage by men-of-war, piracy, takings at sea, arrests, restraints, detainments, and other warlike operations and acts of kings, princes and peoples in prosecution of hostilities or in the application of sanctions under international agreements, whether before or after declaration of war and whether by a belligerent or otherwise, including factions engaged in civil war, revolution, rebellion or insurrection, or civil strife arising therefrom; the imposition of martial law, military or usurped power, and including the risk of aerial bombardment, floating or stationary mines and stray or derelict torpedoes. Warranted not to abandon (on any ground other than physical damage to ship or cargo) until after condemnation of the property insured.
b. This insurance also covers, but only while the property insured is on board a waterborne conveyance, loss of or damage to said property directly caused by governmental authorities acting for the public welfare to prevent or mitigate a pollution hazard or threat thereof, provided that the accident or occurrence creating the situation which required such governmental action would have resulted in a recoverable claim under this policy (subject to all of its terms, conditions and warranties) if the property insured would have sustained physical loss or damage as a direct result of such accident or occurrence.
6. Warranted free from any claim based upon loss of, or frustration of, the insured voyage or adventure caused by arrests, restraints or detainments.
7. This insurance does not cover any loss, damage or expense directly or indirectly arising from, contributed to, or caused by any of the following, whether due to a peril insured against or otherwise:
a. Commandeering, preemption, requisition or nationalization by the government (de facto or otherwise) of the country to or from which the goods are insured.
b. Seizure or destruction under quarantine, environmental or customs regulations.
c. Delay, deterioration and/or loss of market.
d. Nuclear reaction, radiation or radioactive contamination, regardless of how it was caused.
4.
a. The insurance against the risks enumerated in clause 1., except the risks of floating or stationary mines and stray or derelict torpedoes, floating or submerged referred to in (b) below, shall not attach to the interest hereby insured or to any part thereof:
i. Prior to being on board an overseas vessel (for the purpose of this Clause 4, an overseas vessel shall be deemed to mean a vessel carrying the interest from one port or place to another where such voyage involves a sea passage by that vessel).
ii. After being discharged overside from an overseas vessel at the intended port or place of discharge or after expiry of fifteen (15) days from midnight of the day of arrival of the overseas vessel at the intended port or place of discharge, whichever shall first occur.
iii. After expiry of fifteen (15) days from midnight of the day of arrival of the overseas vessel at an intermediate port or place to discharge the interest for on-carriage from that or any other port or place by another overseas vessel, but shall reattach as the interest is loaded on the on-carrying overseas vessel. During the said period of fifteen (15) days the insurance remains in force whether the interest is awaiting transit or in transit between the overseas vessels.
iv. For the purpose of this Clause 4, arrival at the intended port or place of discharge shall be deemed to mean that time when the overseas vessel first berths, anchors, moors or is secured in an area subject to regulation by the authorities of such port or place.
b. The insurance against the risks of floating or stationary mines and stray or derelict torpedoes, floating or submerged, attaches as the interest hereby insured is first loaded on a lighter, craft or vessel after leaving the warehouse at point of shipment in transit for the destination declared hereunder, and ceases to attach as the interest is finally landed from the vessel, craft or lighter prior to delivery to warehouse at such destination.
c. If the Contract of Affreightment is terminated at a port or place other than the destination named therein such port or place shall be deemed the intended port or place of discharge for the purpose of this Clause 4.
d. Shipments by mail, if covered by this policy, are insured continuously from the time of leaving the sender’s premises until delivered to the place of address.
e. Shipments by air (other than by air mail), if covered by this policy, are insured subject to the same terms and conditions as shipments by overseas vessel.
f. It is a condition of this insurance that the insured shall act with reasonable dispatch in all circumstances within their control.
g. If anything contained in this policy shall be inconsistent with this Clause 4, it shall to the extent of such inconsistency be null and void.
5. This insurance shall not be vitiated by deviation, overcarriage, change of voyage, or by any error or unintentional omission in the description of interest, vessel or voyage, provided the same be communicated to the Company as soon as known to the Insured and an additional premium paid if required.
6. And in case of any loss or misfortune, it shall be lawful and necessary to and for the Insured, his or their factors, servants and assigns, to sue, labor and travel for, in and about the defense, safeguard and recovery of the said goods, and merchandise, or any part thereof, without prejudice to this insurance; nor shall the acts of the Insured or the Company, in recovering, saving and preserving the property insured, in case of disaster, be considered a waiver or an acceptance of an abandonment; and to the charges whereof, the said Company will contribute according to the rate and quantity of the sum hereby insured.
7. General Average and Salvage Charges payable according to United States Laws and usage and/or as per Foreign Statement and/or as per York-Antwerp Rules (as prescribed in whole or in part) if in accordance with the contract of affreightment.
8. It is agreed that the reports of shipments made under the policy against marine risks mentioned above shall be deemed to be reports under this policy also, and the Insured agrees to pay premiums on all shipments insured under this policy at the war risk rates of the Company as fixed from time to time.
9. No claim shall be payable hereunder which arises from collision, contact with any fixed or floating object (other than a mine or torpedo), stranding, heavy weather or fire unless caused directly (and independently of the nature of the voyage or service which the vessel concerned or, in the case of collision, any other vessel involved therein, is performing) by a hostile act by or against a belligerent power; and for the purpose of this paragraph “power” includes any authority maintaining Naval, Military or Air Forces in association with a power.
10. No recovery for a constructive total loss shall be had hereunder unless the property insured is reasonably abandoned on account of its actual total loss appearing to be unavoidable, or because it cannot be preserved from actual total loss without an expenditure which would exceed its value if the expenditure had been incurred.
11. It is agreed that this policy is a separate and wholly independent contract and is not subject to any terms or conditions of the policy against marine risks above mentioned (whether physically attached thereto or not) except as such terms or conditions shall have been expressly incorporated herein by reference.
12. This insurance may be cancelled by either party upon forty-eight (48) hours written or telegraphic notice to the other party, but such cancellation shall not affect any shipment on which this insurance has attached under the terms of Clause 4 hereof prior to the effective date of such notice. Shipments on which this insurance has not so attached but for which, prior to the effective date of such notice, bills of lading have been issued and (in the case of exports) Certificates or special policies have been issued and negotiated shall be covered from the time of loading on the overseas vessel, as provided in Clause 4, at the rates of the Company, provided that, prior to said effective date, such shipments were at the risk of the Insured and were covered under the said policy against marine risks.
In the event of loss which may give rise to a claim under this policy, prompt notice shall be given to this Company.
SUBMITTING A CLAIM
In the Ocean Marine Department of Great American Insurance Group, you will find a unique team of marine insurance specialists dedicated to the needs of our clients. Our team of specialists stands ready to assist you in the claim process.
Please submit your claim to:
POLLUTION INCIDENTS (ACTUAL AND/OR THREAT)
POLLUTION RESPONSE TEAM
1-877-G A REACT 24-hour toll-free claim number
(1-877-427-3228)
ALL OTHER CLAIMS/INCIDENTS:
PREFERRED METHOD
omclaims@gaig.com
ALTERNATIVELY
Ocean Marine Claims
1-800-426-9697 Phone
1-800-498-2178 Fax
Great American Insurance - Ocean Marine Claims
P.O. BOX 2468
Cincinnati, Ohio 45201