Clouse B

Clouse B

Clouse B ( Air insurance ) | 09105901327

Welcome to the Airman Company’s Air Cargo Insurance Page. As an international air transportation company, we highly value the safety and well-being of your cargo. At Airman, collaborating with trusted insurance partners enables us to provide coverage for your shipments in case of unfortunate events, including damages, impacts, and thefts.

  1. Comprehensive Insurance Coverage: We offer comprehensive insurance that covers your cargo at all stages of transportation, including loading, unloading, and air transportation. This includes coverage for damages, theft, damages resulting from impacts, and risks associated with air transportation.
  2. Cargo Security Commitment: Through collaboration with reputable insurance partners, we assure you that your packages are under strict control and surveillance throughout the transportation process. This involves using advanced security equipment, cargo tracking, and professional experts for monitoring transportation.
  3. Insurance Consultation: Our team consists of experienced insurance consultants who provide guidance on air cargo insurance. With their expertise, they will suggest the best options for your insurance policies and assist you in determining suitable coverage and insurance arrangements.
  4. Customized Solutions: At Airman, we understand that each cargo and transportation has its unique needs and challenges. Therefore, we offer customized insurance solutions that assure your packages are protected in case of any incidents, taking into account the cargo type, destination, and relevant constraints.
  5. After-Sales Services: We provide professional after-sales services to help you manage and address insurance matters in case of damage or theft. Our team is available to assist you in emergencies and urgent requests.

Difference Between Cargo Insurance Clauses

In cargo insurance, to assess the extent of risks that may threaten insured shipments and to determine the precise commitments of insurance companies to policyholders, insurance clauses have been designed and introduced, which are employed in insurance markets worldwide. These clauses include Clause A, Clause B, and Clause C. Each of these cargo insurance clauses covers a certain range of risks, with Clause A covering the most risks and Clause C covering the least. As a result, Clause A is more expensive than the other clauses, and individuals can choose to purchase any of these cargo insurance clauses based on the type of cargo and potential risks that may threaten their cargo.

Risks Covered under Clause C: • Fire • Explosion • Stranding • Grounding • Sinking • Capsizing of the vessel • Overturning or derailment of land conveyance • Collision or contact of vessel, craft, or conveyance with any external object other than water • Discharge of cargo at a port of distress • General Average sacrifice • Jettison • General Average charges • Salvage charges • Both-to-blame collision • Forwarding charge • Minimizing Losses

Risks Covered under Clause B: In addition to the risks covered under Clause C, the following risks are also covered under this clause: • Earthquake, Volcanic Eruption, or Lightning • Washings overboard • Entry of sea, lake, or river water into vessel, conveyance, or place of storage • Total loss of any package lost overboard or dropped during loading or unloading to/from vessel or craft

In addition to the standard risks covered under Clauses B and C, which are part of global insurance standards, in Iran, based on Regulation No. 8 of the Supreme Insurance Council, it is possible to add other risks to the standard Clause B coverage with the payment of additional insurance premiums. These additional risks may include: • Theft • Non-delivery • Hook damage • Sight draft • Oil damage • Breakage • Leakage • Damages caused by other goods

Risks Covered under Clause A: In Clause A, all risks that may threaten the cargo are covered. In fact, this clause provides comprehensive coverage for all possible damages, except for specific exceptions mentioned in the insurance policy. In addition to the risks covered under Clauses C and B, the following risks are covered under Clause A.

• Heavy weather • Piracy • Willful or malicious damage to the insured cargo or any part thereof by any wrongdoer • Damage from rain and sunlight • Ships sweat • Damage resulting from the actions of ship’s personnel (stevedores) • Theft • Non-delivery • Tear & Rust • Leakage • Chafing, fanning, scuffing, and impact, lickage • Breakage • Damage caused by hooks • Oil damage, contamination, discoloration, and acid contamination • Damage resulting from neighboring cargo (tainting, collision, pollution) • Worm infestation, rodent damage, insect infestation • Pilferage • Leakage • Shortage

One of the most significant differences between Clause A and Clauses B and C is that under Clause A, the insurance company must compensate for any type of damage unless it can prove that the damage was caused by a risk not covered by the insurance policy and falls under the policy’s exceptions. In Clauses B and C, it is the insurance buyer or policyholder who must prove that the damage incurred is due to the covered risks mentioned in the insurance policy.

Special or Custom Clauses: Depending on the type of cargo, insurers can customize and create additional clauses within the framework of the standard clauses to cater to specific goods. Some of these special clauses have been formulated by the Institute of London Underwriters, and they include:

  • Institute Oils, Seeds, and Fats Clauses
  • Institute Commodity Trades Clauses
  • Institute Natural Rubber Clauses
  • Institute Frozen Food Clauses
  • Institute Frozen Meat Clauses
  • Institute Bulk Oil Clauses
  • Institute Timber Clauses
  • Institute Coal Clauses
  • Institute Jute Clauses

Insurance Duration for Conditions C, B, A: Insurance coverage begins from the moment the cargo is loaded at the origin specified in the insurance policy and ends upon the delivery of the cargo to the final warehouse or, in the case of sea transport, 60 days after the cargo is discharged from the ship. For land transportation, it ends 60 days after the cargo enters the customs of the destination country. For air transportation, it ends 30 days after the aircraft lands at the destination airport, whichever occurs earlier.

In the case of domestic transportation, it ends 8 days after the cargo reaches the transportation institute at the destination or upon reaching the insured’s warehouse, whichever occurs earlier.

Insurance Policy Exclusions for Conditions C, B: Exclusions for Conditions C and B include intentional acts by the insured, depreciation, normal wear and tear of cargo, damage due to inadequate packaging, improper stowage, inherent defects, damage caused by delay, even if the delay is due to a covered peril, insolvency of owners, managers, or charterers of the vessel, intentional acts of individuals, damage caused by nuclear weapons, radioactive contamination, transportation of explosive materials, transportation of metals and precious stones, money and securities, works of art.

Insurance Policy Exclusions for Condition A: Exclusions for Condition A are similar to those for Conditions C and B, with the difference that “intentional acts of individuals” are not part of the exclusions under Condition A.

Required Documents for Claim Submission: The policyholder or their representatives must submit all relevant documents and records related to the claim to the insurer as soon as possible. These documents may include:

  • Original insurance policy or certificate.
  • Original cargo invoice with complete specifications and packing.
  • All original bills of lading or other transport documents.
  • Packing list.
  • Certificate of origin.
  • Certificate of cargo inspection at the origin.
  • Cargo condition report at the time of receipt and cargo weight statement at the final destination specified in the insurance policy.

• Customs green card and minutes of the dispute resolution session issued. • Certificate of origin. • Certificate of discharge shortage or non-delivery (in case of cargo shortage). • Damage inspection report, which must be prepared by the insurer or authorized institutions designated by the Central Insurance of Iran. (Lloyd’s representative’s inspection report in case the damage occurs outside the country).

If the insurer requires additional documents besides the mentioned ones, they must immediately request them from the policyholder, and the policyholder is obligated to provide the required documents.

Cargo Insurance Exclusions:

  1. Willful Damage by the Insured: Loss, damage, or expenses attributable to willful or deliberate actions by the policyholder are not payable. According to Clause 4/1 of the cargo insurance exceptions, if the damage results from the insured’s intent, it is not payable. This exception is similar to Article 14 of the Insurance Law of Iran, which states that the insurer will not be responsible for damage caused by the fault of the policyholder or their representatives. In general, all insurance contracts are based on the principle of good faith. Therefore, any time the policyholder causes damage intentionally, due to the violation of this principle, the insurance will not be payable.
  2. Damage from Leakage, Normal Weight or Volume Reduction, and Normal Decay: Damage resulting from leakage, normal weight or volume reduction, or normal decay of the insured cargo is not payable under cargo insurance. These types of damages are typically minor or deficiencies that occur without a specific incident affecting the cargo. According to Clause 4/2 of the cargo insurance exceptions, such damages are not payable. These types of damages often relate to evaporation, which is a normal cause of loss in certain cargoes. For example, the reduction in the quantity of oil or the evaporation of moisture from grains and the normal loss that occurs due to minor leakage during transportation are examples of such damages.
  3. Damage Due to Inadequate or Insufficient Packaging of Cargo: According to Clause 4/3 of the cargo insurance exceptions, loss, damage, or expenses due to inadequate or insufficient packaging or preparation of the insured cargo are not covered by cargo insurance, provided that the packaging or preparation was done before the commencement of the insurance or by the policyholder or their employees and did not withstand the ordinary incidents of the insured voyage. This clause is commonly associated with poor packaging in the insurance industry. It should be noted that loading cargo inside containers is also considered part of the packaging process and is subject to this provision. This exception can also be extended to Article 15 of the Insurance Law, which states that “the policyholder must take care of the subject of the insurance to prevent losses that everyone would usually take care of regarding their property.”

For example, if fragile cargo is not properly packaged or stowed for the intended journey, the insurer, even under Clause A, will not pay for damage caused by breakage and chafing, provided that the packaging was done before the insurance started and by the policyholder. However, no damage for breakage during the transportation will be paid.

Cargo Insurance Exclusions (continued):

  1. Damage Due to Inherent Vice of the Cargo: Losses stemming from the inherent defect or nature of the insured cargo are not covered by cargo insurance because damage due to inherent vice is unrelated to the act of transportation and is not caused by an external event. Some goods are naturally prone to spoilage, such as fruits, grains, and legumes, which can deteriorate and rot over time. Likewise, silk fabrics are naturally susceptible to theft. Since these types of damages do not result from an external event but are inherent to the nature of the cargo, they are excluded from cargo insurance coverage under Clause 4/4 of the cargo insurance exceptions.
  2. Damage Due to Delay: Loss, damage, or expenses resulting from delay, even if caused by insured perils (except for expenses covered under Clause 2 for insured perils, including general average and salvage costs), are excluded from cargo insurance coverage. This exclusion emphasizes that costs resulting from delays are not payable, explicitly stated in Clause 4/5 of the cargo insurance exceptions. Any delay caused by an insured peril is also not acceptable. Therefore, if a vessel carrying cargo experiences delays due to a collision and this delay leads to damage or loss of cargo, no compensation for delay-related losses will be paid.
  3. Damage Due to Insolvency or Bankruptcy of Shipowners: Loss, damage, or expenses resulting from insolvency, bankruptcy, mismanagement, or failure to meet financial obligations by shipowners, managers, charterers, or operators of the vessel are excluded from cargo insurance coverage under Clause 4/6 of the cargo insurance exceptions. This exclusion is subject to the condition that the policyholder was aware of this insolvency or financial incapacity during the loading of the insured cargo, or it was naturally known as part of their ordinary trade. This clause is included in cargo insurance to encourage policyholders to avoid shipping their goods on vessels with financially troubled owners or operators. If a carrier is unable to complete a voyage, and the cargo is discharged at a port en route, the insurer will not be responsible for any damages arising from this discharge and reloading onto another vessel. It should be noted that if the insurance contract is transferred to another party (the claimant) who acquires the subject matter of insurance with good faith and under a binding contract or agreement, this exception does not apply.
  4. Willful Damage by Any Wrongdoer: Willful injury, destruction, or deliberate damage to the insured cargo or any part of it with malicious intent by any wrongdoer is not covered under cargo insurance, except for Clause A cargo insurance policies. This exclusion is applied in Clauses B and C. Clause A policies provide coverage for such losses.

Definition of Barratry: Barratry is a term borrowed from the Italian word “barratro,” which means fraud. It refers to any kind of wrongful act or misconduct, whether intentional or fraudulent, committed by the master of the ship or the crew.

  1. Damage Due to Nuclear Weapons: Loss, damage, or expenses directly or indirectly caused by the use of any nuclear weapon or device or the explosion of any nuclear assembly or nuclear component or radioactive force or material are excluded from cargo insurance coverage. Additionally, damage caused by ionizing radiation and contamination by radioactive material from any nuclear fuel or waste outside the insurance coverage falls under this exclusion. In practice, damages resulting from the use of nuclear weapons or similar devices are excluded from all insurance policies, including the Institute Cargo Clauses.
  2. Unseaworthiness of the Vessel: Losses arising from the unseaworthiness of the vessel or inadequacy of the vessel for the safe carriage of the insured cargo are excluded from cargo insurance coverage. This exclusion is conditional upon the policyholder being aware of the lack of seaworthiness or inadequacy of the vessel at the time of loading the insured cargo. It must be known to them or naturally known as part of their ordinary trade. If the insurance contract is transferred to another party who acquires the subject matter of insurance with good faith and under a binding contract or agreement, this exception does not apply.
  3. Inadequate Container or Conveyance: Losses resulting from the inadequacy of a container or conveyance for the safe carriage of the insured cargo are excluded from cargo insurance coverage. This exclusion is also conditional upon the loading of the cargo inside or outside the container or conveyance being done before the commencement of the insurance or by the policyholder or their employees, and they were aware of the inadequacy of the said means of conveyance during the loading of the insured cargo.
  4. War, Capture, Seizure, Mines, Maritime Perils: Losses resulting from war, civil war, revolution, rebellion, insurrection, or any hostile act by or against a belligerent power are excluded from cargo insurance coverage. This also includes any acts of hostility committed by or against one of the two conflicting powers. Additionally, losses arising from mines, torpedoes, bombs, or other warlike arms and radioactive materials resulting from any nuclear fuel or waste outside the insurance coverage fall under this exclusion, except for piracy. It is important to note that piracy is excluded in Clauses B and C but is covered under Clause A cargo insurance policies.

Please note that these exclusions can vary depending on the specific terms and conditions of the cargo insurance policy, and it’s essential to review your policy documents for the exact coverage and exclusions that apply to your situation.

  1. Shortage from Origin: According to Clause 3 of Article 18 of the General Conditions of Cargo Transportation Insurance (Regulation No. 79), if it is determined after the cargo has reached its specified destination that a portion of the insured cargo is missing due to non-dispatch from the origin, this shortage is excluded from cargo insurance coverage.
  2. Rejection by the Assured or Prevention by Importing Country Authorities for Cargo Entry: Under Clause 2 of Article 18 of the General Conditions of Cargo Transportation Insurance (Regulation No. 79), losses resulting from the rejection by the assured (the policyholder) or prevention by the authorities of the importing country from allowing the entry of the cargo into the country are excluded from cargo insurance coverage.

It’s important to note that these exclusions are standard provisions in cargo insurance policies, but the specific terms and conditions can vary between insurance providers and policies. It’s crucial for policyholders to carefully review their insurance contracts to understand the extent of coverage and any exclusions that may apply.

In your final paragraph, you mention your commitment to providing secure and reliable cargo transportation services, including airfreight, with a focus on safety and security. You also provide contact information for inquiries. If you have any specific questions or need further information related to cargo insurance or any other topic, please feel free to ask. 09105901327