Ordinary breakage of fragile goods, which, due to its regularity, was accepted as an inevitable loss during transport. It is not mentioned in the general exclusion clauses of the ICC (1982), but is one of the legal exclusions of mia 1906. In freight insurance, the risks excluded by the clause can be reintroduced into the policy by agreement with the insurer and payment of an additional premium. In addition to reintegration, other war risks are included in the policy and it is customary to include strike risks at the same time. Hull war risks are usually insured under a separate policy. There are normal rates of war clauses and strike clauses for hull and cargo risks. EXEMPT FROM CAPTURE AND SEIZURE The concept of transport insurance for the “exclusion of the dangers of war”. The abbreviation is F.C. & S. and the default clause used is usually referred to as the F.C&S clause. At an extraordinary general meeting of Lloyd`s members in June 1898, it was decided to include the F.C&S clause in all Lloyd`s sea freight guidelines, which came into effect in July 1898. At a similar meeting on January 25, 1899, it was agreed that from now on, all agreements (which of course also include briefs) would be subject to clause F.C.
& S, unless otherwise stated in the slip or agreement and accepted by the insurer. CONFERENCE An agreement between shipping companies not to compete on certain elements (e.B. discounts) on certain sea routes, so that each can plan and offer a regular liner service. For some, it is an anti-competitive practice, that is, a cartel, but it provides stability for both shipping companies and exporters of goods. Conference ship: A vessel operated by a signatory of a liner conference. Expression used in particular in the trade in cereals, whose consent means that the buyer accepts the cargo in the state in which it arrives, undoubtedly of quality or silent. the conditions shall be subject to a satisfactory quality certificate in the port of dispatch. Normally, these terms are only acceptable when grain is transported in dry cargo vessels and not in oil tankers. TIR International road transport. Between European governments and the United States, European governments and the United States have reached an agreement on the international carriage of goods by road. In general, sealed cargoes can cross national borders without customs controls or penalties. It wasn`t until 1982 that the term “war” became part of the writing and vocabulary of freight insurance.
Despite the ongoing conflicts here and there, there is not really a single, precise and complete quantity that fits all the definitions of war. John Dunt says (Dunt, 2009 London): “The word must have its ordinary and popular meaning, because a businessman would use it. The tribunal wants the meaning that the parties intended and not a technical and legal margin of manoeuvre arising from the obligations of international law. A maritime market agreement in which insurers only insure goods against war risks when they are on board the ship and suffer a delay after their arrival at the port of destination. Loading and reloading in the port of destination is reduced. The Institute`s cargo clauses (ICC) – both in 1982 and the latest formulations in 2009 – are aware of the risks of war and strike. The insurance does not cover damages or costs of war, civil war, revolution, rebellion, insurrection or civil war or hostile acts committed by or against a war power. Nor does it cover loss or damage caused by decomposing 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 warfare and the danger of a water war. The clause was not retained when the MAR policy was introduced in 1982 (freight) and 1983 (hull) to replace the SG policy and was therefore omitted from the new cargo and hull clauses designed to attach to the MAR policy. Nevertheless, the effect of the action and work clause is contained in the “obligation of the insured” clause in the new clauses. A maritime market agreement under which insurers were only required to hedge against war risks during the purchase on board the ship, subject to a delay after arrival at the port of destination. Coverage for unloading and transhipment at the port of destination is reduced. We must now distinguish between land warfare and the danger of war on water. With the exception of postal delivery (see The Institute`s War Clauses (Postal Items), land warfare is a risk that is also not covered by the Institute`s War Clauses (freight). What for? Indeed, land warfare has been considered sufficiently effective to benefit from a separate deficit and, in general, the question of the organisation of optional reinsurance for certain transports is also possible. The Institute Cargo Clauses (ICC) – both in 1982 and the most recent formulations in 2009 – is aware of the risks of war and strike. The insurance does not cover losses or costs arising from war, civil war, revolution, rebellion, insurrection or civil war or from an enemy act by or against a war power.
Nor does it cover loss or damage caused by decomposing weapons of war. This exclusion is the same in the three CCI formulations – A, B and C. The starting point is therefore that all risks of war are excluded. An agreement between Lloyd`s sub-authors and non-transport insurance companies not to cover certain risks of war and civil war on land. The term “war” was not part of the formulations and vocabulary of freight insurance until 1982. Despite the incessant conflicts here and there, there is no single clear and comprehensive solution for all definitions of war. In January 1982, the London freight insurance market replaced the SG form with the MAR form. The London all-risk insurance market took the same step in October 1983. Institutional clauses published for use with form SG and its counterpart in the company have been removed. The Institute`s cargo clauses (ICC) – both the 1982 formulations and the latest formulations of 2009 – are clear with regard to the risks of war and strike.
The insurance does not cover damages or costs resulting from war, civil war, revolution, rebellion, insurrection or civil war or any hostile act committed by or against a belligerent power. .