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CARGO INSURANCE - INSURANCE OF CONSIGNMENTS (GOODS) IN TRANSPORT



Cargo insurance includes insurance of goods transported from one place to another by any kind of transportation or in any other way.
Insurance in international transport include:

  1. Insurance of imported goods
  2. Insurance of exported goods
  3. Insurance of re-export goods

Insurance in international transport can be arranged by signing an individual contract / insurance cargo policy  or the general contract. Conditions of insurance and premium rates depend on type of goods, means of transport, routes, packaging and other circumstances that affect the size and risk assessment.
Consignments in transport are insured according to:
General terms and conditions for insurance of goods in land transport

  1. Cover under the “Standard risks” clause
  2. Cover under the “All transport risks” clause

In marine and combined marine-land transport , based on the Set of Terms and Conditions called the INSTITUTE CARGO CLAUSES A, B, C issued by the Institute of London Underwriters

  1. Institute Cargo Clauses “A” Cl 382,1/1/2009,
  2. Institute Cargo Clauses “B” Cl 383,1/1/2009,
  3. Institute Cargo Clauses “C” Cl 384,1/1/2009.

Additional conditions for insurance of goods from special risks

Insurance of goods – cargo insurance is the only way to ensure/protection of importers/exporters, as the owner of the goods. The basis for cargo insurance in overland and air transport shall be determined by Incoterms, based on the agreed sales parity.Cargo insurance directly related to the goods and protects the owner of the goods.
For the carrier’s liability insurance, in case of damage or loss on the shipment in road transport the burden of proof of potential liability of the carrier shall be on the owner of goods, which by rule results in a long-term and completely uncertain process.

Insurance companies restrictively refuse claims or enter into disputes aware that the owner of the goods will not be able to prove the liability of the carrier and to compensate their loss. The carrier’s liability insurance covers exclusively claims for proven subjective liability of the carrier according to the international CMR convention.
As a result we repeat that depending on the agreed parity according to INCOTERMS the insurance of goods through cargo policy shall be the only possible protection of interests of the owner of goods.

According to the marine law and practice which is in the form of General Average Rules IVR applies to marine and river transport each individual shipping shall be considered to be a joint shipping undertaking of the ship owner and all other owners of goods. Despite the fact that in most cases there is no danger of the ship to sink or lose the cargo, the ship owner shall use its right to oblige the owners of goods to participate in the costs of average, i.e. contribution in the repair of the ship.

General average adjusters (neutral licensed company declared by an authorized international institution) shall reload, impose a ban of further transport of all containers in the port until:

1) for shipments whose owners insured the cargo their insurers sign the average guarantee/bond (guarantee that the insurance company shall contribute the costs of average on the basis of the insurance policy) whereby the containers shall be released to continue the foreseen transport relation or
2) for cargo shipments that are not insured their owners deposit bail money or bank guarantees

The general average settlement process lasts on average at least a year, or two or more and the deposit amount or the amount of the bank guarantee shall range from 10% of the value of goods and more.

 
 
 
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