السبت، 8 أكتوبر 2011

Marine aviation insurance policy ( Cargo )

The company agrees to insure the insured against loss / damage or expenses upon paying the premium required or on his behalf, contained in the table herein after in pursuance to general provisions.
Provisions and addends read together as part of this policy


Group’s Provisions for
Cargo Insurance (A)


Covered Risks:

Provisions:
1. This insurance covers all risks for loss, damage to insured items, unless other wise stated herein after in provisions (4), (5), (6), (7).

Geranial Average Provision:

2. This insurance cover general average and rescue expenses which is based or resolved according to transport contract / or prevailing law and conventions which is intended to prevent any loss causes except for provisions (4), (5), (6),(7).

3. Joint Liability:
This policy further extends to indemnify the insured against his part in the joint liability according to transport contract as a loss incurred by this policy, if any claims arise from ship owners, the insured shall notify the insurer, who shall have the right to defend the insured, at his own expenses.

Exceptions:
General provisions:

4. This insurance does not cover the following:

4.1 Loss, destruction and damage arise from insured malicious willful acts.
4.2 Natural loss of weight, volume or weariness of items.
4.3 Loss, damage or expenses arising from insufficiency in adequacy of item packaging or preparations.
(Under this provision “ packaging”) includes containers stowage, palletizing before insurance effected).
4.4 Loss, damage and expenses arising from inherent defects in insured items.
4.5 Loss, damage and expenses arising from delay even if it is caused by insured risk (except in provision “2” hereinabove).
4.6 Loss, damage and expenses arising from insolvency or incompetence of ships’ owners, managers or agents.
4.7 Loss, damage and expenses arising from nuclear warfare weapons either the reaction caused by nuclear fission or any such reaction using radioactive materials.

5. Provisions for Navigation Unfitness & Incompatibility –(Exception):

5.1 This policy, any way, shall not cover loss, damage and expenses arising from:
• Unfitness of ship or boat for navigation.
• Unfitness of the ship, boat, container or pallet for handling insured items.

5.2 It is agreed, between insurer and insured, that the cargo ship is fit for navigation.

In case of loss or damage of insured items, the insured is entitled for claim.

Warfare Exceptions:

6. This policy does not cover, what so ever, loss, damage and expenses arising from the following:

6.1 War, civil war revolution, disobedience, rebellion and civil disputes, thereof or such adverse actions.
6.2 Seizure, custody, arrest and hindrance and ensuing consequences thereof (except piracy).
6.3 Mines, bombs and other explosive weapons.
Strike’s Exceptions:

7. This insurance does not cover in any way loss, damage or expenses arising from:
7.1 Striker workers, mutiny, rioting acts or civil disturbances.
7.2 Strikes, mutiny, riots or civil disturbance.
7.3 Terrorist acts or politically- motivated persons.

Duration of Insurance:

8. Transport Provision:

8.1 This insurance is effected from the time of removing the cargo from stores, storing places stated in the policy enroute to destination. This period expired either:

8.1.1 Delivery of goods to consignee’s stores or other terminal or place in destination, stated in the policy.

8.1.2 Delivery to any stores enroute to destination or to its final destination stated in the policy as may be required by the insured

8.1.2.1 For storage except happenings during normal route.

8.1.2.2 For goods distribution or appropriation.
or
8.1.3 Elapsing of 30 days after completion of unloading of insured cargo in the destination port which is prior in occurrence.

8.2 In event of consigning cargo after unloading in destination port, with the insurance remained valid, to other destination infringe that in the policy, then, the insurance would cease to become valid on the onset of consigning to that other destination.



8.3 This insurance remains valid (subject to rules “9” herein below). During uncontrollable delays of insured, deviation, emergency unloading and reloading, transshipment. Like wise any change in voyage route due to licensing causes pertaining to ships owner or agent under transport contact.

Transport Contract Expiry Provisions:

9. For reason beyond the insured, if the transport contract expired at a place other than the destination stated in the policy, or before delivering the cargo according to provision (8) herein before, therefore the validity of insurance will expire, unless the insurer in notified to continue the average against required additional premium. Either:

9.1 Cargo delivered and sold at that port or place, otherwise elapsing of 30 days after arrival of insured cargo to that place, which in come first or:

9.2 Cargo consigned in the course of the 30 days (or any extension agreed upon) to stated destination, to any other destination, validated till expiry of the policy according to provision (8) herein before.

Route change provision:

10. In case, the insured change the destination after the inception of the insurance, he shall notify the insurer to agree upon additional premium, in order to validate the policy.

Claims
Insurance Benefits Provision:

11.11.1 Insured shall have benefits in the event of loss / damage, in order be indemnified under this insurance policy.

11. 2 The insured has the right to be indemnified against loss / damage in course of the policy irrespective of the damage / loss occurrence before concluding the insurance policy, unless, the insured is aware of that loss / damage and the insurer is not.

Consignment Charges Provision:

12. Due to any covered risk under this policy, the voyage ended up in destination other than the stated in this policy, therefore, the insured shall be reasonable indemnified for extra charges incurred in unloading, storage and consigning the cargo to stated destination in the policy.

This provision is unapplicable to general average expenses or rescue, subject to exceptions in (4), (5), (6), (7) herein above, and does not include expenses arising from faults, default insolvency or financial difficulties of insured or his agents.

Total Loss Estimation:

13. It is not allowed for, unless insured cargo is reasonably abandoned, either for in evitable virtual total loss or the cost of recovering, altering or reconsigning it to required destination, exceeds its value.

Value Increase Provision:

14.14.1 when additional insurance strike, it would automatically add to the value of insured cargo in the policy plus other insurance. Liability is accordingly accounted by ratio of this added value to total insurance value, Hence the insured is required to evidence that at his claim.

14.2 Subject to (14.1) the value of agreed upon cargo under the original policy plus other insurances covering the loss, which the insured had striked, so liability counted proportionately.

Insurance Benefits:

15. Benefits from this insurance shall not return to the carrier or other carrier’s agent.

Loss Reduction:
Insured Obligation:

16. Obligations of insured and his agents regarding loss reimbursement as follows:

16.1 Taking reasonable precautions to lessen or hinder the loss.

16.2 Traking measures towards the right of concerned carries, agents and other parties, and insurers shall indemnify the insured for any reasonable expenses incurred towards hose purposes, plus loss reimbursement under this policy.

Relinquishment:

17. Measures taken by the insured in order to rescue, recover or maintain the insured cargo, are not deeded relinquishment or abandonment and do not affect the rights of either parties.

Avoiding Delay:

Determination:
18. The insured shall take initiative to reasonable show earnest determination at all times.

Law and Convention:

19. This insurance is subjected to Egyptian Laws and conventions

Important: The insured shall immediately notify the insurer about any incidence under this insurance coverage and his right in the coverage depends on enforcing this obligation.

Group’s Provisions for
Cargo Insurance (C)


Covered Risks:

Provisions:

1. This insurance cover all risks except for provisions (4) , (5) , (6) , (7) hereunder.

1.1 Loss / damage for insured items due to:

1.1.1 Fire or explosion.
1.1.2 Deviations, submerging or overturning of the ship or boat.
1.1.3 Overturning of the truck or derailment of the train.
1.1.4 Collision, crash of ships and boat or the truck with outside objects except water.
1.1.5 Unloading of cargo at relief ports.

1.2 Loss / damage for insured items due to:
1.2.1 General average sacrifice.
1.2.2 Casting in sea.

2. General Average Provisions:
This insurances cover general average and marine rescue expenses according to transport contract / or prevailing laws and conventions, which intended to prevent any loss causes, except for provisions (4) , (5) , (6) , (7) here in.

3. Joint Liability:
This policy further extends to indemnify the insured against his part in the joint liability according to transport contract as a loss incurred by this policy, if any claims arise from ship owners, the insured shall notify the insurer, who shall have the right to defend the insured, at his own expenses.

Exceptions:
General provisions:

4. This insurance does not cover the following:
4.1 Loss, destruction and damage arise from insured malicious willful acts.
4.2 Natured loss of weight, volume or weariness of items.
4.3 Loss, damage or expenses arising from insufficiency in adequacy if item packaging or preparations.
(Under this provision “ packaging”) includes containers stowage, palletizing before insurance effected).
4.4 Loss, damage and expenses arising from inherent defects in insured items.
4.5 Loss, damage and expenses arising from delay if it is caused by insured risk (except in provision “2” hereinabove).
4.6 Loss, damage and expenses arising from insolvency or incompetence of ships’ owners, managers or agents.
4.7 Loss, damage and expenses arising from nuclear warfare weapons either the reaction caused by nuclear fission or any such reaction using radioactive materials.
4.8

Important Remarks:

The insured shall observe the following upon arrival of insured cargo at destination port:

1. Notify in writing the control section with a manifest showing the insured cargo.

2. File a report with the concerned authority evidencing cargo condition before channeled to customs, if any evident damage, otherwise it would be deemed intact.

3. If any damage entails claim, the insurer shall submit a dated letter to :

4. (A) Al- Ahram Insurance Company (Egypt).
(B) Lloyds Agents (Abroad).

Provisions for Navigation Unfitness & Incompatibility –(Exception):

5.1 This policy, any way, shall not cover loss, damage and expenses arising from:

• Unfitness of ship or boat for navigation.
• Unfitness of the ship, boat, container or pallet for handling insured items.

5.2 It is agreed, between insurer and insured, that the cargo ship is fit for navigation.

In case of loss or damage of insured items, the insured is entitled for claim.

Warfare Exceptions:

6 This policy does not cover, what so ever, loss, damage and expenses arising from the following:
6.1 War, civil war revolution, disobedience, rebellion and civil disputes, thereof or such adverse actions.
6.2 Seizure, custody, arrest and hindrance and ensuing consequences thereof (except piracy).
6.3 Mines, bombs and other explosive weapons.

Strike’s Exceptions:

7. This insurance does not cover in any way loss, damage or expenses arising from:

7.1 Striker workers, mutiny, rioting acts or civil disturbances.
7.2 Strikes, mutiny, riots or civil disturbance.
7.3 Terrorist acts or politically- motivated persons.


Duration of Insurance:

8. Transport Provision:

8.1 This insurance is effected from the time of removing the cargo from stores, storing places stated in the policy enroute to destination. This period expired either:

8.1.1 Delivery of goods to consignee’s stores or other terminal or place in destination, stated in the policy.

8.1.2 Delivery to any stores enroute to destination or to its final destination stated in the policy as may be required by the insured.

8.1.2.1 For storage except happenings during normal route.

8.1.2.2 For goods distribution or appropriation or

8.1.3 Elapsing of 30 days after completion of unloading of insured cargo in the destination port which is prior in occurrence.

8.2 In event of consigning cargo after unloading in destination port, with the insurance remained valid, to other destination infringe that in the policy, then, the insurance would cease to become valid on the onset of consigning to that other destination.

8.3 This insurance remains valid (subject to rules “9” herein below). During uncontrollable delays of insured, deviation, emergency unloading and reloading, transshipment. Like wise any change in voyage route due to licensing causes pertaining to ships owner or agent under transport contact.

Transport Contract Expiry Provisions:

9. For reason beyond the insured, if the transport contract expired at a place other than the destination stated in the policy, or before delivering the cargo according to provision (8) herein before, therefore the validity of insurance will expire, unless the insurer in notified to continue the average against required additional premium. Either:

9.1 Cargo delivered and sold at that port or place, otherwise elapsing of 30 days after arrival of insured cargo to that place, which in come first or:

9.2 Cargo consigned in the course of the 30 days (or any extension agreed upon) to stated destination, to any other destination, validated till expiry of the policy according to provision (8) herein before.

Route change provision:

10 In case, the insured change the destination after the inception of the insurance, he shall notify the insurer to agree upon additional premium, in order to validate the policy.

Claims
Insurance Benefits Provision:

11.11.1 Insured shall have benefits in the event of loss / damage, in order be indemnified under this insurance policy.

11.2 The insured has the right to be indemnified against loss / damage in course of the policy irrespective of the damage / loss occurrence before concluding the insurance policy, unless, the insured is aware of that loss / damage and the insurer is not.

Consignment Charges Provision:

12 Due to any covered risk under this policy, the voyage ended up in destination other than the stated in this policy, therefore, the insured shall be reasonable indemnified for extra charges incurred in unloading, storage and consigning the cargo to stated destination in the policy.

This provision is unapplicable to general average expenses or rescue, subject to exceptions in (4), (5), (6), (7) herein above, and does not include expenses arising from faults, default insolvency or financial difficulties of insured or his agents.

Total Loss Estimation:

13 It is not allowed for, unless insured cargo is reasonably abandoned, either for in evitable virtual total loss or the cost of recovering, altering or reconsigning it to required destination, exceeds its value.

Value Increase Provision:

14.14.1 when additional insurance strike, it would automatically add to the value of insured cargo in the policy plus other insurance. Liability is accordingly accounted by ratio of this added value to total insurance value, Hence the insured is required to evidence that at his claim.

14.2 Subject to (14.1) the value of agreed upon cargo under the original policy plus other insurances covering the loss, which the insured had striked, so liability counted proportionately.

Insurance Benefits:

15. Benefits from this insurance shall not return to the carrier or other carrier’s agent.

Loss Reduction:
Insured Obligation:

16. Obligations of insured and his agents regarding loss reimbursement as follows:

16.1 Taking reasonable precautions to lessen or hinder the loss.

16.2 raking measures towards the right of concerned carries, agents and other parties, and insurers shall indemnify the insured for any reasonable expenses incurred towards hose purposes, plus loss reimbursement under this policy.

Relinquishment:

17. Measures taken by the insured in order to rescue, recover or maintain the insured cargo, are not deeded relinquishment or abandonment and do not affect the rights of either parties.

Avoiding Delay:
Determination:

18. The insured shall take initiative to reasonable show earnest determination at all times.

Law and Convention:

19. This insurance is subjected to Egyptian Laws and conventions

Important:
The insured shall immediately notify the insurer about any incidence under this insurance coverage and his right in the coverage depends on enforcing this obligation.

Special Provisions:

• The insured assign his all right before others or beneficiary of general average which arise from insured risk.

• The carrier ship should not have arrived, or general average is in place or exposed to accident before date of insurance acceptance.

• It should be made known and agreed upon, regardless of ship classification, that the company is unliable for all loss / damage when consigning on ships of more than 30 days old.

• The insured shall notify the company about goods storage condition for a period exceeding 30 days after completion date of unloading, otherwise he will loss his indemnification right.

Group’s Provisions for
Cargo Insurance (B)


Covered Risks:

Provisions:

(1) - This insurance cover all risks except for provisions (4) , (5) , (6) , (7) hereunder.

1.1 Loss / damage for insured items due to:
1.1.1 Fire or explosion.
1.1.2 Deviations, submerging or overturning of the ship or boat.
1.1.3 Overturning of the truck or derailment of the train.
1.1.4 Collision, crash of ships and boat or the truck will outside objects except water.
1.1.5 Unloading of cargo at relief ports.
1.1.6 Volcano, earthquake or Lightening.
1.2 Loss / damage for insured items due to:
1.2.1 General average sacrifice.
1.2.2 Casting in sea.

(2) - General Average Provisions:
This insurances cover general average and marine rescue expenses according to transport contract / or prevailing laws and conventions, which intended to prevent any loss causes, except for provisions (4) , (5) , (6) , (7) herein.

(3) Joint Liability:
This policy further extends to indemnify the insured against his part in the joint liability according to transport contract as a loss incurred by this policy, if any claims arise from ship owners, the insured shall notify the insurer, who shall have the right to defend the insured, at his own expenses.

Exceptions:
General provisions:

(4) - This insurance does not cover the following:

4.1 Loss, destruction and damage arise from insured malicious willful acts.
4.2 Natural loss of weight, volume or weariness of items.
4.3 Loss, damage or expenses arising from insufficiency in adequacy of item packaging or preparations.
(Under this provision “packaging”) includes containers stowage, palletizing before insurance effected).
4.4 Loss, damage and expenses arising from inherent defects in insured items.
4.5 Loss, damage and expenses arising from delay even if it is caused by insured risk (except in provision “2” hereinabove).
4.6 Loss, damage and expenses arising from insolvency or incompetence of ships’ owners, managers or agents.
4.7 Loss, damage and expenses arising from nuclear warfare weapons either the reaction caused by nuclear fission or any such reaction using radioactive materials.

Important Remarks:

The insured shall observe the following upon arrival of insured cargo at destination port:
1- Notify in writing the control section with a manifest showing the insured cargo.

2- File a report with the concerned authority evidencing cargo condition before channeled to customs, if any evident damage, otherwise it would be deemed intact.

3- If any damage entails claim, the insurer shall submit a dated letter to :

4- (A) Al- Ahram Insurance Company (Egypt).
(B) Lloyds Agents (Abroad).

Provisions for Navigation Unfitness & Incompatibility –(Exception):

5.1 This policy, any way, shall not cover loss, damage and expenses arising from:

• Unfitness of ship or boat for navigation.
• Unfitness of the ship, boat, container or pallet for handling insured items.

5.2 It is agreed, between insurer and insured, that the cargo ship is fit for navigation.

In case of loss or damage of insured items, the insured is entitled for claim.

Warfare Exceptions:

6 This policy does not cover, what so ever, loss, damage and expenses arising from the following:
6.1 War, civil war revolution, disobedience, rebellion and civil disputes, thereof or such adverse actions.
6.2 Seizure, custody, arrest and hindrance and ensuing consequences thereof (except piracy).
6.3 Mines, bombs and other explosive weapons.

Strike’s Exceptions:

7. This insurance does not cover in any way loss, damage or expenses arising from:

7.1 Striker workers, mutiny, rioting acts or civil disturbances.
7.2 Strikes, mutiny, riots or civil disturbance.
7.3 Terrorist acts or politically- motivated persons.



Duration of Insurance:

8. Transport Provision:

8.2 This insurance is effected from the time of removing the cargo from stores, storing places stated in the policy enroute to destination. This period expired either:

8.1.1 Delivery of goods to consignee’s stores or other terminal or place in destination, stated in the policy.

8.1.2 Delivery to any stores enroute to destination or to its final destination stated in the policy as may be required by the insured

8.1.2.1 For storage except happenings during normal route.

8.1.2.2 For goods distribution or appropriation or

8.1.3 Elapsing of 30 das after completion of unloading of insured cargo in the destination port which is prior in occurrence.

8.2 In event of consigning cargo after unloading in destination port, with the insurance remained valid, to other destination infringe that in the policy, then, the insurance would cease to become valid on the onset of consigning to that other destination.

8.3 This insurance remains valid (subject to rules “9” herein below). During uncontrollable delays of insured, deviation, emergency unloading and reloading, transshipment. Like wise any change in voyage route due to licensing causes pertaining to ships owner or agent under transport contact.

Transport Contract Expiry Provisions:

9. For reason beyond the insured, if the transport contract expired at a place other than the destination stated in the policy, or before delivering the cargo according to provision (8) herein before, therefore the validity of insurance will expire, unless the insurer in notified to continue the average against required additional premium. Either:

9.1 Cargo delivered and sold at that port or place, otherwise elapsing of 30 days after arrival of insured cargo to that place, which in come first or:

9.2 Cargo consigned in the course of the 30 days (or any extension agreed upon) to stated destination, to any other destination, validated till expiry of the policy according to provision (8) herein before.

Route changes provision:

10. In case, the insured change the destination after the inception of the insurance, he shall notify the insurer to agree upon additional premium, in order to validate the policy.

Claims
Insurance Benefits Provision:

11.11.2 Insured shall have benefits in the event of loss / damage, in order be indemnified under this insurance policy.

11.2 The insured has the right to be indemnified against loss / damage in course of the policy irrespective of the damage / loss occurrence before concluding the insurance policy, unless, the insured is aware of that loss / damage and the insurer is not.

Consignment Charge Provision:

12. Due to any covered risk under this policy, the voyage ended up in destination other than the stated in this policy, therefore, the insured shall be reasonable indemnified for extra charges incurred in unloading, storage and consigning the cargo to stated destination in the policy.

This provision is unapplicable to general average expenses or rescue, subject to exceptions in (4), (5), (6), (7) herein above, and does not include expenses arising from faults, default insolvency or financial difficulties of insured or his agents.

Total Loss Estimation:

13. It is not allowed for, unless insured cargo is reasonably abandoned, either for in evitable virtual total loss or the cost of recovering, altering or reconsigning it to required destination, exceeds its value.

Value Increase Provision:

14.14.1 when additional insurance strike, it would automatically add to the value of insured cargo in the policy plus other insurance. Liability is accordingly accounted by ratio of this added value to total insurance value, Hence the insured is required to evidence that at his claim.

14.2 Subject to (14.1) the value of agreed upon cargo under the original policy plus other insurances covering the loss, which the insured had striked, so liability counted proportionately.

Insurance Benefits:

15. Benefits from this insurance shall not return to the carrier or other carrier’s agent.

Loss Reduction:
Insured Obligation:

16. Obligations of insured and his agents regarding loss reimbursement as follows:

16.1 Taking reasonable precautions to lessen or hinder the loss.

16.2 raking measures towards the right of concerned carries, agents and other parties, and insurers shall indemnify the insured for any reasonable expenses incurred towards hose purposes, plus loss reimbursement under this policy.

Relinquishment:

17. Measures taken by the insured in order to rescue, recover or maintain the insured cargo, are not deeded relinquishment or abandonment and do not affect the rights of either parties.

Avoiding Delay:
Determination:

18. The insured shall take initiative to reasonable show earnest determination at all times.

Law and Convention:

19. This insurance is subjected to Egyptian Laws and conventions

Important:
The insured shall immediately notify the insurer about any incidence under this insurance coverage and his right in the coverage depends on enforcing this obligation.

Special Provisions:

• The insured assign his all right before others or beneficiary of general average which arise from insured risk.

• The carrier ship should not have arrived, or general average is in place or exposed to accident before date of insurance acceptance.

• It should be made known and agreed upon, regardless of ship classification, that the company is unliable for all loss / damage when consigning on ships of more than 30 days old.

• The insured shall notify the company about goods storage condition for a period exceeding 30 days after completion date of unloading, otherwise he will loss his indemnification right.