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LSW1130 (War On Land Clauses) |
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RISKS COVERED |
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1. -
Risks Clause |
1
This insurance covers,
except as provided in Clauses 3 and 4 below, loss of or damage to the
subject-matter insured caused by
1.1
war civil war revolution
insurrection, or civil strife arising therefrom, or any hostile act by or
against a belligerent power
1.2
capture seizure arrest
restraint or detainment, arising from risks covered under 1.1 above, and the
consequences thereof or any attempt thereat
1.3
derelict mines torpedoes
bombs or other derelict weapons of war.
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EXCLUSIONS |
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2. - General Exclusions Clause |
2 In no case shall this insurance cover
2.1 loss damage or expense attributable to willful
misconduct of the Assured
2.2
loss damage or expense arising
from strikes, riots, civil commotions terrorists, saboteurs, vandals or other
persons acting maliciously by way of protest unless such loss or damage is
directly arising from any insured peril recoverable under clause 1 above
2.3
ordinary leakage,
ordinary loss in weight or volume, or ordinary wear and tear of the
subject-matter insured hereunder.
2.4
loss damage or expense caused by
insufficiency or unsuitability of packing or preparation of the subject-matter
insured (for the purpose of this Clause 2.4 "packing" 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).
2.5
loss damage or expense caused by
inherent vice or nature of the subject-matter insured
2.6
loss damage or expense
proximately caused by delay, even though the delay be caused by a risk insured
against.
2.7
loss damage or expense arising
from insolvency or financial default of the owners managers or operators of the
land and/or river and/or lake conveyance.
2.8
any claim based upon loss of or
frustration of the voyage or adventure.
2.9
loss damage or expense resulting
directly or indirectly, caused by, or arising from the radioactive toxic
exposure or other hazardous properties of any nuclear assembly or nuclear
component thereof.
2.10
loss damage or expense arising
from the outbreak of war (whether there be a declaration of war or not) between
any of the following countries: United Kingdom, United States of America,
France, the Russian Federation, the People’s Republic of China
2.11
any claim for any sum
recoverable under any other insurance on the subject-matter insured or which
would be recoverable under such insurance but for the existence of this
insurance.
2.12
loss or damage occurring in the
Assured’s Country or principal place of business as defined herein.
2.13
any claim arising from
requisition of the subject-matter insured.
2.14
loss damage or expense occurring
while the subject-matter insured is on board the aircraft and/or the overseas
vessel, or in transit during lighterage operations.
2.15
loss damage or expense arising
from any hostile use of a weapon of war employing atomic or nuclear fission
and/or fusion or other like reaction or radioactive force or matter.
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3. - Unseaworthiness and Unfitness Exclusion Clause |
3 -
In no case shall this
insurance cover loss damage or expense arising from:
3.1
unfitness of the land and/or
river and/or lake conveyance for the safe carriage of the subject-matter insured
where the Assured or their servants are privy to such unfitness, at the time the
subject-matter insured is loaded therein.
3.2
loss damage or expense
indirectly arising from or in consequence of the discharge of pollutants or
contaminants, which pollutants or contaminants shall include but not be limited
to any solid, liquid, gaseous or thermal irritant contaminant or toxic or
hazardous substance the presence, existence or release of which endangers or
threatens to endanger the health safety or welfare of persons or the
environment.
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DURATION |
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4. - Transit Clause |
4.1
This insurance attaches from the
time the goods are either:
4.1.1
unloaded from the ocean going
vessel and/or aircraft prior to onward land transit, (not exceeding 14 days from
arrival at the port or airport)
-- or --
4.1.2
leave the warehouse or place of
storage or the place named herein for commencement of the transit,
... and continues during the ordinary course of transit (subject
to Clause 2.14 herein) and terminates either:
4.1.3
on commencement of loading
operations onto ocean going vessel and/or aircraft.
-- or --
4.1.4
on delivery to the Consignees’
or other final warehouse or place of storage at the destination named herein
-- or --
4.1.5
on delivery to any other
warehouse or place or storage, whether prior to or at the destination named
herein, which the Assured elect to use either:
4.1.5.1
for storage other than in the
ordinary course of transit or
4.1.5.2
for allocation or distribution.
-- or --
4.1.6
on the expiry of 14 days after
completion of unloading of the goods hereby insured from the carrying
conveyance, whichever shall first occur.
4.2
If, after completion of
unloading at the final place of discharge, but prior to termination of this
insurance, the goods are forwarded to a destination other than that to which
they are insured hereunder, this insurance, whilst remaining in force, subject
to termination as provided for above, shall not extend beyond the commencement
of transit to such other destination.
4.3
This insurance shall remain in
force (subject to termination as provided for above and to the provisions of
Clause 5 and 16 below) during delay beyond the control of the Assured, any
deviation, reshipment forced discharge, resending or reloading or transfer and
during any variation of the adventure arising from the exercise of a liberty
granted to carriers or transporters under the contract of carriage.
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5. - Termination of
Contract of Carriage Clause |
5 -
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 4 above, then this insurance shall also terminate unless
prompt notice is given to the Underwriters and their agreement
obtained to continue cover, (subject to an additional premium, if
required by the Underwriters,) either
5.1
until the goods are sold and delivered at such port or
place, or, unless otherwise specially agreed, until the expiry of 14
days after arrival of the goods hereby insured at such port or place,
whichever shall first occur,
-- or --
5 2 if the
goods are forwarded within the said period of 14 days (or any agreed
extension thereof) to the destination named herein or to any other
destination, until terminated in accordance with the provision of
Clause 4 above. |
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6. -
Change of Transit |
6
Held covered, subject
to prompt notice and at a premium and on conditions to be arranged in
the event of the scheduled land conveyance proceeding outside the
limits of the area specified in this Insurance. |
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7. - Average Clause |
7 -
This Insurance is subject to the condition of average,
that is to say, if the subject-matter insured shall at the time of any
loss be of greater value than the sum insured hereunder, the Assured
shall only be entitled to recover hereunder such proportion of the
said loss as the sum insured by this Insurance bears to the total
value of the said subject-matter insured. |
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8. - Onus of Proof Clause |
8 -
In any claim, and/or any action, suit or proceeding to
enforce a claim for loss hereunder, the burden of proving that the
loss is recoverable under this Insurance, that no condition or
warranty has been breached and that no exclusion applies shall fall
upon the Assured. |
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9. - Proof of Loss Clause |
9 -
The Assured shall submit a sworn proof of loss to
Underwriters. If such proof has not been received by them within two
years of the expiry date of this Insurance, Underwriters shall be
discharged from all liability hereunder, |
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CLAIMS |
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10. - Insurable Interest Clause |
10.1
In order to recover under this insurance the Assured must have an
insurable interest in the
subject-matter insured at the time of the loss.
10.2
Subject to 10.1 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. |
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11. - Increased Value Clause |
11.1
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.
11.2
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 event of claim the Assured shall provide the Underwriters
with evidence of the amounts insured under all other insurances. |
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BENEFIT OF INSURANCE |
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12. - Not to Inure Clause |
10 This insurance shall not inure to the benefit of
the carrier or other bailee. |
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MINIMISING LOSSES |
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13. - Duty of Assured Clause |
13 It is the duty of the Assured and their servants
and agents in respect of loss recoverable hereunder
13.1 to take such measures as may be reasonable for
the purpose of averting or minimising such loss, and
13.2 to ensure that all rights against carriers, bailees 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.
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14. - Waiver Clause |
14 - Measures taken by the
Assured or the Underwriters with the object of saving, protecting or recovering
the subject-matter insured shall not be considered as a waiver or acceptance of
abandonment or otherwise prejudice the rights of either party. |
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AVOIDANCE OF DELAY |
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15. - Reasonable Despatch Clause |
13 It is a condition of this insurance that the
Assured shall act with reasonable despatch in all circumstances within their
control. |
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NOTICE OF CANCELLATION AND AUTOMATIC TERMINATION OF COVER |
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16. - Notice of Cancellation and Automatic
Termination Clause |
16.1 This
insurance may be cancelled by either the Underwriters of the Assured
giving 48 hours
notice (such cancellation becoming effective on the expiry of 48 hours
from midnight of the day on which notice of cancellation is issued by
or to the Underwriters). The Underwriters agree however to reinstate
this insurance subject to agreement between the Underwriters and the
Assured prior to the expiry of such notice of cancellation as to new
rate of premium and/or conditions and/or warranties
16.2
Whether or not
such notice of cancellation have been given this insurance shall
TERMINATE AUTOMATICALLY:
16.2 1
upon the
occurrence of any hostile detonation of any weapon of war employing
atomic or nuclear fission and/or fusion or other like reaction or
radioactive force or matter, wheresoever or whensoever such detonation
may occur and whether or not the subject-matter insured may be
involved
16.2.2
upon the
outbreak of war (whether there be a declaration of war not) between
any of the following countries: United Kingdom, United States of
America, France, the Russian Federation, the People’s Republic of
China;
16.2.3
in the event of
the subject-matter insured or the land conveyance or storage area
being requisitioned either for title or use.
16.3
In the event
either of cancellation by notice or of automatic termination of this
insurance by reason of the operation of the above provisions of this
Clause 16 pro rata net return of premium shall be payable to the
Assured. |
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LAW AND PRACTICE |
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17. - English Law and Practice Clause |
14 This insurance is subject to English law and
practice. |
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NOTE:-
It is necessary for the Assured when they become aware of an event
which is "held covered" under this insurance to give prompt notice to
the Underwriters and the right to such cover is dependent upon compliance with
this obligation. |
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03/00
LSW1130 |
