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Marine Claims

Scope of Cover

Marine Cargo policy covers the cargo in transit against the various risks. Perils covered under various Clauses for Exports & Imports are as follow:

Institute Cargo Clauses(C) or ICC(C)

1 :

Fire or explosion

2 :

Vessel or craft being stranded grounded sunk or capsized

3 :

Overturning or derailment of land conveyance

4 :

Collision or contact of vessel craft or conveyance with any external object other than water

5 :

Discharge of cargo at a port of distress,

6 :

General average Sacrifice.

7 :

Jettison.

Institute Cargo Clauses( B) or ICC(B)

covers the additional risk in addition to what is covered under ICC – C

8 :

Washing Overboard

9 :

Lightening, Earthquake, Volcanic Eruption

10 :

Entry of Sea Water

11 :

Total loss of Package while Loading/Unloading

12 :

Washing overboard

Institute Cargo Clauses – A

covers the additional risk in addition to what is covered under ICC – B.

16 :

Theft, Pilferage, Non Delivery

17 :

Fresh water damage

18 :

Leakage/ Breakage

19 :

Sweat / Taint

20 :

Country damage

21 :

Any other Risk Insurer accepts to include.

Perils covered for domestic shipments are as follows:

Inland Transit Clause(C) or ITC(C)

Loss or damage due to –

1 :

Fire

2 :

Lightning

Inland Transit Clause(B) or ITC(B)

covers the additional risk in addition to what is covered under ITC – C

3 :

Overturning or derailment of land conveyance

4 :

Breakage of Bridge

5 :

Collision with or by the vehicle.

6 :

Overturning of the carrying vehicle.

7 :

Derailments or accidents of like to the carrying railway wagon/vehicle.

Inland Transit Clause(A) or ITC(A)

covers the additional risk in addition to what is covered under ITC – B.

8 :

Non delivery of the entire consignment

9 :

Theft & Pilferage

10 :

Fresh &/or rain water damage

11 :

Damage by Hooks, Nails, Oil, Chemicals, Acids & other extraneous substances

12 :

Any other Risk Insurer accepts to include.

Claims – Steps :

1 :

Examine all packages for external damage. Note signs of damage and shortage on the bill of lading and/or delivery receipt before you accept delivery

2 :

Count the number of packages. Note shortages on the bill of lading and/or the delivery receipt

3 :

If the shipment contains fragile items, open the packages to check for breakage – even if there is no external damage. If there is “concealed damage”, contact the carrier immediately.

If there is damage or loss

1 :

Take photographs – if possible – of damaged packages and goods.

2 :

Do not discard damaged packing materials or contents.

3 :

Make every effort to minimize the loss, or prevent further loss, as stipulated under the insurance contract. Reasonable expenses incurred in minimizing loss are reimbursable

4 :

Immediately put all carriers on notice in writing, holding them responsible for the loss or damage. Include the bill of lading and/or waybill and/or delivery note number, as well as the name of the transporting vessel or other mode of transport. A description of the loss should also be included, and the carrier(s) should be informed that a final claim will be filed when the full extent of damage has been confirmed.

5 :

When delivery is made by container, if the container is delivered damaged or with seal broken or missing, or seal number other than that stated in the shipping documents, retain all defective or irregular seals for subsequent identification. Make sure that the tallyman who goes along with the container note, the damage or discrepancy on his tally sheet and get a copy of damage/exception sheet from the tally company.

6 :

Obtain damaged cargo certificate or short landed memo or exception list issued by the carriers / forwarders, or make notations of the damage/loss on the bill of lading or carriers delivery receipt.

7 :

DO NOT give a clean receipt to the delivering carrier/forwarder unless you can immediately inspect the cargo and you have found it undamaged. When there is any doubt, you should mark any documentation with “Received in Apparent Good Order and Condition”.

8 :

As soon as you are aware of a potential loss/claim, immediately notify the carrier/forwarder and/or the responsible parties involved in writing of the damaged or missing cargo and of your intent to hold them responsible within the time limit set out in your contract of carriage.

9 :

In case of theft, pilferage, robbery, malicious damage or traffic accident, please refer to the local authority and obtain the relevant Police or Traffic Accident Report. Also weighment slip at the point of loading and weighment slip at the point of unloading should be produced.

10 :

Take such reasonable action to prevent further loss.

11 :

Notice of Claim for Transportation by Inland vessels or Road Carriers(booking and destination offices) within 6 months from the date of booking in terms of Sec10 of the Carriers Act 1865.

12 :

Notice of Claim for Transportation by Air, the concerned Air carriers within 7 days from the date of delivery of goods at the destination or in non-delivery within 14 days from the date of booking in terms of Rule26(2) Chapter III of the Indian Carriage of Air Act.

Documents Required :

Claims under marine policies have to be supported by certain documents which vary according to the type of loss as also the circumstances of the claim and the mode of carriage.

1 : Claim Intimation
2 : Fire/explosion

Report from the fire brigade at the spot of occurrence and FIR from local police personnel.

3 : Overturning/derailment/breakage of bridges

FIR from local police station, FIR from Railway policy if by Rail.

4 : Collision/Contact with external Objects

FIR from local police station

5 : Earthquake/Volcanic eruption/Lightning:

Meteorological report.

6 : Breakage/Scratching/Theft Etc

he claim has to be lodged by the proposer and has to prove the loss physically in the presence of the surveyor appointed by the Insurance company.

7 : Riot/Strike Etc.

FIR from local police station.

In all the above cases Invoice copy, Lorry receipt, Railway receipt, Stock statement at the warehouse of the proposer should be duly produced. Any other documents required by the Insurance company. Also a copy of the claim made on the carrier along with the acknowledgement copy of the registered letter sent. Letter of subrogation

8 : The original policy or certificate of insurance
9 : Bill of Lading

Bill of Lading is a document which serves as evidence that the goods were actually shipped. It also gives the particulars of cargo.

10 : Invoice

An invoice evidences the terms of sale. It also contains complete description of the goods, prices, etc. The invoice enables the insurers to see that the insured value of the cargo is not unreasonably in excess of its cost, and that there is no gross overvaluation. The original invoice (or a copy thereof) is required in support of claim.

11 : Packing List

which shows the list of Items and condition of packing.

12 : Survey Report

Survey report shows the cause and extent of loss, and is absolutely necessary for the settlement of claim. The findings of the surveyors relate to the nature and extent of loss or damage, particulars of the sound values and damaged values, etc. It is normally issued with the remarks “without prejudice” i.e. without prejudice to the question of liability under the policy.

13 : Copy of Protest

If the loss or damage to cargo has been issued by insurers which transfers the rights of the claimant against a third party to the insurers. On payment of claim, the insurers may wish to pursue recovery from a carrier or other third party who, in their opinion, is responsible for the loss. The authority to do so is derived from this document. It is required to be duly stamped. Some of the other documents required in support of particular average claims are Ship survey report lost overboard certificate if cargo is lost during loading and unloading operation, short landing certificate etc.

14 : Bill of entry

The other important document is bill of entry issued by the customs authorities showing therein the amount of duty paid, the date of arrival of the steamer, etc., account sales showing the proceeds of the sale of the goods if they have been disposed of; repairs or replacements bills in case of damages or breakage; and copies of correspondence exchanged between the carriers and the claimants for compensation in case of liability resting on the carriers.

15 : Claim Bills

showing the amount claimed by him in respect of the loss or damage.

16 : Dock Receipt

To Show the condition of the Cargo whilst Loading and Unloading.

General intimation form

At the time of an unforeseen event when you need immediate assistance and support you can contact your insurer through below mentioned modes.

Call Center

Claims Service Representative of Insurer (CSR) shall help you to intimate claim fast and smooth for you. Please feel free to call them on stated phone number mentioned Here round the 365 days.

Walk In

If you wish to intimate your claim in person, Please feel free to visit your policy issuing Insurer Branch Mon- Fri 10:00 AM to 05:00 PM (Except for National Holidays). Please refer Here for more information.

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