i-law

Document

INDEX

Index

[References are to paragraph number]

Abandonment
- effect,
- generally,
- notice, –

Actual total loss
- generally, –

Affirmation
- avoidance of contracts, and, –

Aggregation of risk
- war risks, and, –
- Air, carriage by –

All risks cover

Apportionment of liability
- contribution between insurers, and, –

Page 600

Arbitration
- jurisdiction clauses, and,

“Arising from”
- causation, and, –

Arrest
- war risks, and,

Assignment
- certificates of insurance, and
  - generally, –
  - practice,
- subrogation, and, –

Assured
- Institute Cargo Clauses, under
- open covers, under, –

Attachment of risk

“Attributable to”
- causation, and, –

Average
- measure of indemnity, and,

Avoidance of contracts
- affirmation, –

Avoidance of Delay Clause

Bailees
- insurable interest, and, –
- sue and labour, and,

Biological weapons
- generally,

Bombs
- war risks, and,

Both to Blame Collision Clause
- generally, –

Breakage
- all risks cover, and,

Broker Issued Document
- generally,

Brokers’ facilities

Burden of proof
- all risks cover, and, –
- claims, and,

Capsize
- named perils, and,

Capture
- war risks, and, –

Cargo delivered damaged at destination
- measure of indemnity, and, –

Cargo facilities
- definition,
- following underwriters, –
- General Underwriters’ Agreement
  - generally, –
- insurance contracts, as,
- leading underwriters, –

Cargo Piracy Notice of Cancellation JC2008/024
- generally,

Carriage by air –
- generally,

Carriage by road and rail
- generally,

Causation
- concurrent causes, –
- delay, –
- exclusions, and, ,
- fire, and,
- general principles, –
- inherent vice, –
- introduction, –
- perils of the seas, and,
- proximate cause rule
- role in insurance law, –
- triggers under Institute Cargo Clauses
- wilful misconduct, –

Page 601

“Caused by”
- causation, and, –

Certificates of insurance
- assignment
- generally,
- legal status, –
- tender, –
- valued policies, and,

Change of Voyage Clause
- destination, –
- extension, –
- held covered provisions, –
- origins,
- overview,
- voluntary change, –
- war risks, and,

Chemical, Biological, Bio-Chemical, and Electromagnetic Weapons Clause (CL370)
- exclusions, and,
- generally,

Chemical weapons
- generally,

Choice of jurisdiction –
- arbitration
- common law position
- court first seised ,
- formalities ,
- goods in transit ,
- Judgments Regulations ,
- large risks
- Lugano Convention
- standard London market jurisdiction clauses

Choice of law
- absence of
- English law clauses and foreign courts –
- Institute Cargo Clauses, under, –
- large risk
- Market Reform Contract, under,
- Rome I –

Civil commotions
- conventional policies, and, –
- generally,
- historical background,
- Institute Strikes Clauses (Cargo)
  - generally,
- limitations,
- origins,

“Civil strife arising therefrom”
- war risks, and,

Civil war
- war risks, and,

CL370
- exclusions, and,
- generally,

Claims
- burden of proof,
- costs, –
- fraud, and, –
- interest, –
- limitation periods,
- notification, –
- standard of proof,
- time limits,

Classification requirement
- age limitation,
- generally, –
- held covered type provision, –
- introduction,

Co-assureds
- subrogation, and, –

Collateral purpose test
- Transit Clause, and, –

Collision
- named perils, and, –

Collision liabilities
- Both to Blame Collision Clause, –
- named perils, and, –

Commencement of risk
- duration provisions, and, –

Commodity Trades Clause
- generally,
- insolvency, and, –

Computer systems
- generally,

Concurrent causes
- causation, and, –

Condensation damage
- all risks cover, and, –

Conditions –
- Duty of Assured Clause
- meaning

Conditions precedent –

Constructive total loss
- abandonment
  - effect, ,
  - notice, –
- carriage of cargo by air,
- definition,
- deprivation of possession, –
- effect, ,
- Frustration Clause,
- insurable interest,
- loss of cargo,
- loss of the adventure,
- repair costs, –
- risks analogous to marine adventure, –

Containerisation
- inherent vice, and, –

Page 602

Contracts of insurance
- brokers’ facilities, and,
- evidence, as, –
- MAR 91,
- Market Reform Contract, –
- requirements
- SG Policy Form,
- types, –

Contracts (Rights of Third Parties) Act 1999 exclusion clause

text App 35

Contractual salvage
- generally,
- insurance for salvage charges, –
- nature of salvage charges, –
- values for insurance purposes,

Contribution
- general average,

Contribution between insurers
- apportionment of liability, –
- generally, –
- nature of right, –
- origin of right, –
- statutory provision,
- triggering events, –

Control of proceedings
- subrogation, and, –

Conversion
- losses, and,

Costs
- claims, and, –
- subrogation, and, –

Craft extension
- war risks, and,

Cyber Attack Exclusion Clause
- generally,

Damage

Deck cargo
- description of goods, and, –

Delay

Deliberate damage
- named perils, and, –

Deliberate destruction
- named perils, and, –

Deprivation of possession
- constructive total loss, and, –

Derailment of land conveyance
- named perils, and,

Derelict weapons of war
- war risks, and,

Destruction

Detainment
- war risks, and,

Deviation of the adventure

“Directly or indirectly caused by”
- causation, and, –

“Dirty bombs”
- generally,

Discharge of cargo at port of distress
- named perils, and,

Disclosure and fair presentation –

Double insurance

Due diligence
- wilful misconduct, and, –

Duration provisions
- change of voyage clause
- commencement of risk, –
- generally,
- held covered, and
- Institute Cargo Clauses
  - introduction, –
  - Transit Clause: Clause 8
- open covers, –
- special voyage classes –
- stock throughput cover –
- termination of carriage clause
  - held covered provisions, –
  - overview,
- Transit Clause, and
  - attachment of risk, –
  - delay, –
  - deviation,
  - forced discharge, reshipment or transhipment,
  - forwarding to another destination,
  - introduction, –
  - liberties in bill of lading –
  - termination of risk, –
  - variations of the adventure,
- war risks, and, –

Duty of Assured Clause
- carriage of cargo by air, and,

Earthquake
- named perils, and, –

Economic interests
- insurable interest, and,

Entry of water
- named perils, and, –

Erroneous documents
- losses, and, –

Escape of radiation
- generally,

Exclusions

Explosion
- named perils, and, –

Express warranties see Warranties

Extended Radioactive Contamination Exclusion Clause (RACE)

Page 604

Facilities
- definition,
- following underwriters, –
- General Underwriters’ Agreement
  - generally, –
- insurance contracts, as,
- leading underwriters, –

Facultative/obligatory covers
- open covers, and, –

Fair presentation see also Disclosure and fair presentation

misrepresentation, and see Misrepresentation and fair presentation

FC&S Clause
- war risks, and,

Final warehouse or place of storage
- forwarding to further destination, –
- transit sheds, –

Financial default
- all risks cover, and, –

Fire
- causation, and,
- named perils, and, –

Floating policies
- open covers, and,

Following underwriters
- brokers’ facilities, and, –

Forced discharge, reshipment or transhipment
- Transit Clause, and,

Forwarding Charges Clause

Forwarding to another destination
- Transit Clause, and,

Forwarding to further destination
- Transit Clause, and, –

Fraud
- claims, and, –
- losses, and,

Fraudulent documents
- losses, and, –

Free of Particular Average (FPA) Clauses

Frozen foods –

Frustration Clause
- terrorism, and,
- war risks, and,

Frustration of voyage

General average

General average sacrifice

General Underwriters’ Agreement
- generally, –

Good faith see also Disclosure and fair presentation

principle –

rationale –

role –

Grounding
- named perils, and, –

Held covered

High-value branded goods
- disclosure by assured, and,

Hijacking
- terrorism, and,

Historical background

Hostile act by or against a belligerent power
- war risks, and,

Implied warranties see Warranties

IMTA Frozen Meat Extension Clauses

Increased value insurance
- insurable interest, and, –
- subrogation, and, –

Inducements
- disclosure by assured, and, –

Inevitability of loss
- all risks cover, and,

“Influencing by force or violence”
- terrorism, and,

Inherent vice
- causation, and, –
- containerisation, –
- definition, –
- insufficiency of packing, and, –

Innominate terms –

Insolvency
- background to exclusion, –
- forwarding charges,
- Page 605
  
  generally, ,
- ICTC exclusion
  - generally, –
- loss of the adventure, and, –

Institute Bulk Oil Clauses –
- text App 21

Institute Cargo Clauses
- assured, and
- causation triggers
- choice of law, and, –
- coverage, –
- definition of “marine insurance”, and, –
- development, –
- double insurance, and,
- duration provisions, and
  - introduction,
- historical background, –
- insufficiency of packing, and, –
- insurable interest, and,
- interpretation, –
- structure,
- subject-matter insured, and,
- terrorism, and,

Institute Cargo Clauses (Air)

text, App 17

Institute Cargo Clauses (All Risks)
- generally,
- introduction,
- subject-matter insured, and,
- war risks, and,

Institute Cargo Clauses (A)
- generally,

Institute Cargo Clauses (B)
- exclusions, –
- named perils, –
- structure, –

Institute Cargo Clauses (C)
- exclusions, –
- named perils, –
- structure, –
- use, ,

Institute Classification Clause
- age limitation,
- generally, –
- held covered type provision, –
- introduction,

Institute Coal Clauses –
- text App 22

Institute Commodity Trades Clause (A)
- generally,
- insolvency, and
  - generally, –

Institute Cyber Attack Exclusion Clause
- generally,

Institute FOSFA Trade Clauses

Institute Frozen Food Clauses (A) –

Institute Frozen Food Extension Clauses

Institute Frozen Meat Clauses –

Institute Jute Clauses
- text, App 24

Institute Malicious Damage Clause

text, App 26

Institute Natural Rubber Clauses
- text, App 25

Institute Radioactive Contamination, Chemical, Biological, Bio-Chemical and Electromagnetic Weapons, Extension Clause

text, App 31

Institute Radioactive Contamination Exclusion Clause (RACE)
- chemical and biological weapons,
- exclusions, and,
- generally, –

Institute Replacement Clause

text, App 28

Institute Strikes Clauses (Air Cargo)

text, App 19

Institute Strikes Clauses (Cargo)
- generally,

Institute Strikes Clauses for specific commodities

Institute Theft, Pilferage and Non-Delivery Clause

text, App 27

Institute Timber Trade Federation Clauses ,

Page 606

Institute War Clauses (Air Cargo)
- text, App 18
Institute War Clauses (Cargo)
- And see War risks
- generally,

Institute War Clauses (sendings by post)

text, App 20

Insufficiency of packing
- generally, –
- Institute Cargo Clauses, under, –
- meaning, –

Insurable interest
- bailees’ position, –
- courts’ approach,
- economic interests, and,
- extent, –
- general requirement
  - generally, –
  - timing, –
- increased value, –
- Institute Cargo Clauses, and,
- loss of profits, –
- loss of the adventure, –
- “lost or not lost” clauses, –
- retrospective declarations, –
- risk, and,
- sellers’ interest clauses,
- timing of general requirement, –

Insurance
- contractual salvage, –
- general average, –

Insured value
- measure of indemnity, and,
- sue and labour, and,

Insurer Issued Document
- generally,

Insurrection
- war risks, and, –

Interest
- claims, and, –
- subrogation, and,

Jettison
- named perils, and, –

Jurisdiction clauses see Choice of jurisdiction

Knowledge of assured
- disclosure by assured, and, –
- Institute Cargo Clauses, under, –

Knowledge of insurer
- disclosure by assured, and, ,

“Known certainty of loss”
- all risks cover, and,

Land risks
- definition of marine insurance, and, –

Large risks
- EC Judgments Regulation, and,
- storage, and,

Leading underwriters
- brokers’ facilities, and, –

Leakage
- all risks cover, and, –

Legality
- implied warranty –
- ransom payments

Lien
- losses, and,

Lightning
- named perils, and, –

Limitation periods
- claims, and,

Lineslips
- open covers, and, –

Lloyd’s Marine Policy Form (MAR 91)
- description of goods,
- development,
- generally,
- insurable interest,
- introduction,
- structure of clauses,
- valued policy,

Lloyd’s of London
- generally, –

Lloyd’s Open Form
- contractual salvage, and,

Lloyd’s Standard Subrogation Form
- generally, –

London Rejection Risks Clauses 1975
- generally, –

Loss in weight
- all risks cover, and, –

Loss of goods
- measure of indemnity, and

Loss of profits
- insurable interest, and, –

Loss of the adventure
- delay, and, –
- forwarding charges, and, –
- frustration of voyage, –
- general principle,
- insolvency, and, –
- insurable interest, and, –
- risk covered by insurance,
- sue and labour clause,
- termination of insured transit,
- terrorism, and,
- total loss,
- war risks, and,

Page 607

Losses
- abandonment, by
  - effect,
  - generally,
  - notice, –
- actual total loss, –
- adventure, of
  - delay, and, –
  - forwarding charges, and, –
  - frustration of voyage, –
  - general principle,
  - insolvency, and, –
  - risk covered by insurance,
  - sue and labour clause,
  - termination of insured transit,
  - total loss,
- categorisation, –
- constructive total loss
  - abandonment, , –
  - definition,
  - deprivation of possession, –
  - effect,
  - repair costs, –
- conversion, by,
- damage or destruction, by
  - actual total loss, –
  - introduction,
  - partial losses, –
- deprivation of possession, –
- erroneous documents, –
- Forwarding Charges Clause, –
- fraud, by,
- fraudulent documents, –
- frustration of the voyage, –
- goods by theft involving force, of,
- insolvency, and,
- lien,
- measure of indemnity
  - loss of goods, –
  - under-insurance, –
  - valued policies, –
- misappropriation,
- physical loss or damage, –
- possession, of
  - abandonment, by,
  - conversion, by,
  - fraud, by,
  - goods by theft involving force, of,
  - insolvency, and,
  - theft, by, –
  - threat, by,
  - timing of theft, –
  - transfer of title, –
  - unlawful acts of third party, by,
- recoverable sum
  - loss of goods, –
  - under-insurance, –
  - valued policies, –
- theft, by
  - goods involving force, of,
  - timing, –
- threat of misappropriation, lien and sale,
- transfer of title, –
- unlawful acts of third party, by,

“Lost or not lost” clauses
- insurable interest, and, –

Lugano Convention
- jurisdiction, and,

Malicious Damage Clause
- generally, –

MAR 91 Policy Form

Marine cargo insurance

Marine Insurance Act 1906

text, App 1

Market Reform Contract

Materiality
- disclosure by assured, and, –

Measure of indemnity

Mines
- war risks, and,

Misappropriation
- losses, and,

Misrepresentation and fair presentation –

Misrepresentation by assured see Disclosure and fair presentation

Mitigation
- sue and labour, and,

Moisture damage
- all risks cover, and, –

Moral hazard
- disclosure by assured, and, –

Named perils

Non-delivery
- named perils, and,

Non-disclosure see Disclosure and fair presentation

Nuclear fuel
- generally, –

Nuclear weapons and devices accidents
- all risks cover, and, –

Open covers
- assignee, and, –
- assured, and, –
- background,
- binding authorities,
- brokers’ facilities
  - definition,
  - following underwriters, –
  - General Underwriters’ Agreement, –
  - Page 609
    
    insurance contracts, as,
  - leading underwriters, –
- coverholders,
- duration provisions, and, –
- facultative/obligatory covers, –
- introduction,
- lineslips
- origins,
- overview,
- standard covers, –
- structure,
- types, –
- under-insurance, and, –

“Ordinary breakage”
- all risks cover, and,

Ordinary course of transit

“Ordinary leakage”
- all risks cover, and, –

“Ordinary loss in weight”
- all risks cover, and, –

“Ordinary wear and tear”
- all risks cover, and, –

Overturning
- named perils, and,

Over-valuation
- disclosure by assured, and, –

Ownership or other interest
- disclosure by assured, and,

Packages lost overboard
- named perils, and,

Packing and preparation
- disclosure by assured, and, ,

“Paper losses”
- all risks cover, and, –

Partial losses
- damage or destruction, and, –
- subrogation, and, –

Perils of the seas
- causation, and,

“Persons interested”
- storage policies on goods, and,

Physical loss or damage
- losses, and, –

Pilferage
- named perils, and,

Piracy
- generally,
- named perils, and,

Policies of insurance

“Political, ideological or religious motives”
- terrorism, and, –

Postal shipments

Premiums
- double insurance, and,
- generally, –

Previous refusals
- disclosure by assured, and, –

Proximate cause rule

Public Order Act 1986

text, App 2

Radioactive Contamination Exclusion Clause (RACE)

Ransom payments
- legality, and

Rats and vermin
- all risks cover, and, –

Reasonableness
- sue and labour, and, –

“Reasonably attributable to”
- causation, and, –

Rebellion
- war risks, and,

Recoverable expenses

Reinsurance (Acts of Terrorism) Act 1992

text, App 3

Rejection risks cover

Repair costs
- constructive total loss, and, –

Representations see Disclosure and fair presentation

Restraint
- war risks, and,

“Resulting from”
- causation, and, –

Retrospective declarations
- insurable interest, and, –

Return of premium
- double insurance, and,

Revolution
- war risks, and,

Riots

Risk
- insurable interest, and,

Road and rail

Sacrifice
- general average,

Salvage
- contractual salvage (LOF)
- exercise of right,
- general average
- introduction,
- measure of indemnity, and, –
- named perils, and,
- nature of right,
- origins of right,

Salvage charges
- carriage of cargo by air, and,
- generally,
- insurance, –
- losses, and,
- nature, –
- recoverable expenses and liabilities, and, –
- sue and labour, and,

Sea water entry
- named perils, and, –

Seaworthiness
- background to exclusion, –
- revised clause, –

Second-hand goods
- disclosure by assured, and,

Seizure
- war risks, and, –

Sellers’ interest clauses
- insurable interest, and,

SG Policy Form
- abolition,
- all risks cover,
- assured,
- description of goods,
- duration provisions, and,
- generally,
- insolvency,
- insurable interest
  - generally,
  - timing,
- introduction, –
- marine insurance, and
- piracy,
- rejection risks,
- riots,
- salvage charges,
- sue and labour, and,
- valued policies,
- Page 611
  
  war risks
  - generally, –
  - seizure,

Sinking
- named perils, and,

“Sling losses”
- named perils, and,

Special voyage clauses –

Specific trades, commodities and transits –

SR&CC Clause
- war risks, and,

Standard of proof
- claims, and,

Stock throughput cover –

Storage
- containers, in, –
- generally,
- “persons interested”, and,
- vehicles, on, –
- warehouses, in, –

Stranding
- named perils, and, –

Strikes
- conventional policies, and, –
- generally, –
- historical background,
- Institute Strikes Clauses (Cargo)
  - generally,
- limitations,
- origins,

Subject-matter insured
- generally, –

Subrogation
- assignment of right of action, and, –
- co-assureds, and, –
- control of recovery proceedings, –
- disclosure by assured, and, –
- exercise
  - control of proceedings, –
  - Standard Subrogation Form, –
- increased value insurance, –
- Lloyd’s Standard Subrogation Form
  - generally, –
- measure of indemnity, and
- nature of right, –
- origins of right, –
- partial losses, –
- “recoveries”,
- salvage, and
- sue and labour, and,
- total losses,
- waiver, –

Sue and labour
- addition to insured value, as,
- breach of duty, –
- Forwarding Charges Clause,
- introduction, –
- loss of the adventure, and,
- loss recoverable under the policy, –
- mitigation, and, –
- named perils, and,
- origins of cover, –
- reasonableness requirement, –
- structure of cover, –
- total loss, and,
- triggers for recovery, –
- Waiver Clause, –

Sum insured
- measure of indemnity, and,

Termination of Contract of Carriage Clause

Termination of insured transit
- loss of the adventure, and,

Termination of Transit Clause (Terrorism)
- generally,

Terrorism

Page 612

Theft
- loss of the adventure, and
  - goods involving force, of,
  - timing, –
- named perils, and,

Theft, Pilferage and Non-Delivery Clause
- generally,

Third Parties (Rights against Insurers) Act 2010

text, App 4

Threat of misappropriation, lien and sale
- losses, and,

Torpedoes
- war risks, and,

Total losses
- abandonment, and,
- actual total loss, –
- breach of warranty, and
  - generally,
  - waiver,
- Forward Charges Clause, and, –
- loss of cargo,
- loss of the adventure, and,
- measure of indemnity, and, –
- subrogation, and,
- sue and labour, and,

Transfer of title
- losses, and, –

Transit Clause –

Transit sheds
- Transit Clause, and, –

Under-insurance

Unfitness

Unlawful acts of third party
- losses, and,

“Unless the policy otherwise provides”
- all risks cover, and, –

Unloading
- Transit Clause, and, –

Unseaworthiness

Unvalued policies
- measure of indemnity, and,
- subrogation, and, –

Used goods
- disclosure by assured, and,

Valued policies
- generally, –
- meaning, –

Variation of the adventure
- Transit Clause, and,
- war risks, and,

Vermin
- all risks cover, and, –

Volcanic eruption
- named perils, and, –

Waiver
- breach of warranty –
- Page 613
  
  subrogation, and, –

Waiver Clause
- sue and labour, and, –

War risks

Warranties
- definition,
- effect of breach –
- exact compliance ,
- express –
- implied –
  - legality –
- nature, –
- types,
- waiver –

Washing overboard
- named perils, and,

Water entry
- named perils, and, –

Weapons of mass destruction

Wear and tear
- all risks cover, and, –

Wilful misconduct

With Average (WA) Clauses

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.