United Kingdom Waterborne Agreement 1982

It was not until 1982 that the term “war” was part of the writing and vocabulary of cargo insurance. Despite the ongoing conflicts here and there, there is not really a single, precise and comprehensive size that fits any definition of war. John Dunt says it (Dunt, 2009 London): “The word must have its ordinary and popular meaning, because a commercial man would use it. The Tribunal seeks the importance that the parties have intended and not a technical legal scope that stems from the duties of international law. A maritime market agreement in which insurers only cover goods against war risks while on the ship subject to a delay after their arrival at the destination port. Loading and transloading in the destination port are reduced. Institute Cargo Clauses (ICC) – both in 1982 and the last formulations of 2009 – are clear about the risks of war and strikes. Insurance does not cover the damage or costs of war, civil war, revolution, rebellion, insurrection or civil war, or the hostile acts committed by or against a power of war. Nor does it cover losses or damage caused by dilapidated weapons of war. This exclusion is the same in the three ICC formulations – A, B and C. The starting point is therefore that all risks of war are excluded. We must now distinguish between land war and the risk of water war.

With the exception of mail distribution (see The Institute War Clauses (Sendings by Post)) a land war is a risk that is not covered by the War Clauses (Cargo) institutes. Why is that so? This is because the land war was considered effective enough for the coverage to be separate and generally an optional reinsurance for the specific traffic in question. An agreement between Lloyd`s sub-accountants and non-maritime insurance companies not to cover certain risks of war and civil war ashore. Another well-known case, which can shed light on this definition, was the civil war in Lebanon. The court developed a three-step test to determine whether the incident was a civil war: 1) Is the case really a conflict between the opposing parties? 2) What are the objectives of both parties and what means do they use to achieve them? 3) To what extent does the conflict affect public order and the lives of the inhabitants? Sales operations are carried out directly in the full text box on the left. Sales operations include: after all, the institute was responsible for losses caused by “dilapidated mines, torpedoes, bombs or other dilapidated weapons of war.”

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