War Risks Cover
Institute War Clauses (Cargo)
Risks Covered
- 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 rebellion insurrection, or civil strife arising there from, 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.
- This insurance covers general average and salvage charges, adjusted or determined according to the contract of affreightment and/or the governing law and practice, incurred to avoid or in connection with the avoidance of less from a risk covered under these clauses.
Notes
Clause 1 - Cover is limited to actual loss of or damage to the subject matter insured and there is no cover for expense or financial loss suffered by the insured as a result of war risks.
Clause 1.1.2 - Refers to political or executive acts arising from the operation of the risks expressed in clause 1.1.1 and does not include losses caused by riot or ordinary judicial process e.g. confiscation by customs authorities Restraints and detainments refer to temporary restrictions to the ordinary course of transit, see exclusion 'frustration clause' (clause 3.7).
Clause 1.1.3 - Provides for losses caused by derelict weapons of war even when such loss occurs after hostilities have ceased.
Clause 2 - Although worded differently from clause 2 in the Institute Cargo Clauses (A) is effectively the same.
Risks Excluded
The exclusions in the war clauses are the same as those in the Institute Cargo Clauses (A) with the additional exclusion of Clause 3.7 "any claim based upon the frustration of the voyage or adventure"
Exclusions
- Misconduct of assured
- Ordinary leakage etc.
- Insufficiency of packing etc.
- Inherent vice
- Delay
- Insolvency etc of shipowner etc.
- Frustration of the voyage
- Nuclear weapons etc.
- Unseaworthiness/unfitness of ship etc.
- Breach of warranty exception