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    Land Transit All Risks Clauses New Marine Acal 1-1-20011

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    Zoran Dimitrijevic
    This 3 sentence summary provides the key details from the document: The document outlines the land transit all risks clauses for a new marine insurance policy, including what risks are covered such as all risks of loss or damage during transit, exclusions such as war and terrorism, and claims procedures that must be followed to recover losses under the policy.

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    Land Transit All Risks Clauses New Marine Acal 1-1-20011

    Uploaded by

    Zoran Dimitrijevic
    350 views2 pages
    This 3 sentence summary provides the key details from the document: The document outlines the land transit all risks clauses for a new marine insurance policy, including what risks are covered such as all risks of loss or damage during transit, exclusions such as war and terrorism, and claims procedures that must be followed to recover losses under the policy.

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    Land Transit All Risks Clauses New Marine Acal 1-1-20011

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    This 3 sentence summary provides the key details from the document: The document outlines the land transit all risks clauses for a new marine insurance policy, including what risks are covered such as all risks of loss or damage during transit, exclusions such as war and terrorism, and claims procedures that must be followed to recover losses under the policy.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    350 views2 pages

    Land Transit All Risks Clauses New Marine Acal 1-1-20011

    Uploaded by

    Zoran Dimitrijevic
    This 3 sentence summary provides the key details from the document: The document outlines the land transit all risks clauses for a new marine insurance policy, including what risks are covered such as all risks of loss or damage during transit, exclusions such as war and terrorism, and claims procedures that must be followed to recover losses under the policy.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 2

    ACAL 1/1/2001 (FOR USE ONLY WITH THE NEW MARINE POLICY FORM)

    LAND TRANSIT ALL RISKS CLAUSES

    RISKS COVERED
    1 This insurance covers all risks of loss of or damage to the subject-matter insured except us provided in Clauses 2. 3.4 and 5 below.

    EXCLUSIONS
    2 In no case shall this insurance cover
    2.1 loss damage or expense attributable to wilful misconduct of the Assured
    2.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured
    2.3 loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject-matter insured (for the
    purpose of this Clause 2.3"packingn shall be deemed to include stowage in a container or liftvan but only when such stowage is
    carried out prior to attachment of this insurance or by the Assured or their servants)
    2.4 loss damage or expense caused by inherent vice or nature of the subject-matter insured
    2.5 loss damage or expense proximately caused by delay, even though the delay be caused by a risk insured against
    2.6 loss damage or expense arising from insolvency or financial default of the owners managers or operators of the conveyance.
    2.7 loss damage or expense arising from the use of any weapon of war employing atomic or nuclear fission andlor fusion or other
    like reaction or radioactive force or matter.
    3 In no case shall this insurance cover loss damage or expense arising from
    unfitness of conveyance container or liftvan for the safe carriage of the subject-matter insured.where the lnssured are privy to such
    unfitness, at the time the subject-matter insured is loaded therein.
    4 In no case shall this insurance cover loss damage or expense caused by
    4.1 war, civil war, revolution, rebellion, insurrection or civil strife arising therefrom. or any hostile act by or against a belligerent
    power
    4.2 capture, seizure, arrest, restraint or detainment (piracy excepted) and the consequences thereof or any attempt thereat
    4.3 derelict mines, torpedoes, bombs or other derelict weapons of war.
    5 In no case shall this insurance cover loss damage or expense
    5.1 caused by strikers, locked-out workmen, or persons taking part in labour disturbances, riots or civil commotions
    5.2 resulting from strikes, lock-outs, labour disturbances, riots or civil commotions
    5.3 caused by any terrorist or any person acting from a political motive.

    DURATION
    6 6.1 This insurance attaches from the time the subject-matter insured leaves the warehouse, premises or place of storage at the place
    named herein for the commencement of the transit, continues during the ordinary course of
    transit and terminates either
    6.1.1 on delivery to the Consignees' or other final warehouse, premises or place of storage at the destination named herein,
    6.1.2 on delivery to any other warehouse, premises or place of storage. whether prior to or at the destination named herein, which
    the Assured elect to use either
    6.1.2.1 for storage other than in the ordinary course of transit or
    6.1.2.2 for allocation or distribution
    or
    6.1.3 on the expiry of two days after arrival of the land conveyance at the final place of destination, whichever shall first occur
    The risk of transhipment at junctions is included
    7 If owing to circumstances beyond the control of the Assured either the contract of carriage is terminated at a port or place other than
    the destination named therein or the transit is otherwise terminated before delivery of the goods as provided for in Clause 6 above,
    then this insurance shall also terminate unless prompt notice is given to the Underwriters and continuation of cover is requested when
    the insurance shall remain in force, subject to an additional premium if required by the Underwriters, either.
    7.1 until the goods are sold and delivered at such port or place, or, unless otherwise specially agreed, until the expiry of 60 days after
    arrival of the goods hereby insured at such port or place,
    whichever shall first occur,
    or
    7.2 if the goods are forwarded within the said period of 60 days (or any agreed extension thereof) to the destination named herein or
    to any other destination, until termination in accordance with the provisions of Clause 6 above.

    8 Where, after the attachment of this insurance, the destination is changed by the Assured, held covered at a premium and on conditions
    to be arranged subject to prompt notice being given to the Underwriters.
    CLAIMS
    9 9.1 In order to recover under this insurance the Assured must have an insurable interest at the time of the loss
    9.2 Subject to 9.1 above, the Assured shall be entitled to recover for insured loss occurring during the period covered by this
    insurance, notwithstanding that the loss occurred before the contract of insurance was concluded, unless the Assured were aware of
    the loss and the Underwriters were not.
    10 Where as a result of the operation of a risk covered by this insurance, the insured transmit is terminated at a port or place other than
    that to which the subject-matter is covered under this insurance, the Underwriters will reimburse the Assured for any extra charges
    properly and reasonably incurred in unloading storing and forwarding the subject-matter to the destination to which it is insured here
    under.
    This Clause 10, shall be subject to the exclusions contained in Clauses 2, 3 , 4 and 5 above. and shall not include charges arising from
    the fault, negligence, insolvency or financial default of the Assured or their servants.
    11 No claim for Constructive Total Loss shall be recoverable hereunder unless the subject-matter insured is reasonably abandoned either
    on account of its actual total loss appearing to be unavoidable or because the cost of recovering, reconditioning and forwarding the
    subject-matter to the destination to which it is insured would cxceed its value on arrival.
    12 No claim for theft shall be recoverable hereunder unless such theft was caused by forcible andor violent entry into andlor exit from
    the canying conveyance.
    13 13.1 If any Increased Value insurance is effected by the Assured on the cargo insured herein the agreed value of the cargo shall be
    deemed to be increased to the total amount insured under this insurance and all Increased Value insurances covering the loss, and
    liability under this insurance shall be in such proportion as the sum insured herein bears to such total amount insured.
    In the event of claim the Assured shall provide the Underwriters with evidence of the amounts insured under all other insurances.
    13.2 Where this insurance is on Increased Value the following clause shall apply:
    The agreed value of the cargo shall be deemed to be equal to the total amount insured under the primary insurance and all Increased
    Value insurances covering the loss and effected on the cargo by the Assured, and liability under this insurance shall be in such
    proportion as the sum insured herein bears to such total amount insured.

    In the evcnt of claim the Asbured shall provide thc Underwriters with evidence of the amounts insured under all other insurances.

    BENEFIT OF INSURANCE
    14 This insurancc shall not inure to the benelit of the carricr or other bailee.

    MINIMISING LOSSES
    15 It is the duty of the Assured and their servants and agents in respect ot' loss recoverable hereunder
    15.1 to take such measures as may be rcasonable for thc purpose of averting or minimizing such loss,
    and
    15.2 to ensure that all rights against carriers. baileea or other third parties are properly preserved and exercised and the
    Underwriters will. in addition to any loss recoverable hereunder, reimburse the Assured for any charges properly and
    reasonably incurred in pursuance of these duties.
    Measures taken by the Assured or the Underwriters with thc object of saving. protecting or recovering the subject-matter
    insured shall not be considered as a waiver or acccptance of ;lbnndonment or otherwise prejudice the rights of either party.

    AVOIDANCE OF DELAY
    16 It is a condition of this insurance thnt the Assured shall act with reasonable despatch In all circumstances within their control.

    LAW AND PRACTICE


    17 This insurance is subiect to English law ancl practice.

    NOTE: - It is necessarv,tbr rlrc Assured \r.lren the\# bcctnrrr crwirrr of'irrl event wl~ichis"He1d Covered" rrnder this insurance to give prompt
    notice to the Undern~rrterscrnd the riglit lo sriclr cover is clepcrrclmr rrpnn cor~rpliancewit11 rhis Obligation.

    CL.52

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