GUIDANCE FOR CLAIMANTS

Claim Documents

To claim under a Marine Cargo Insurance Policy, the following are the basic documents required :

Insurance Policy / Certificate

The document issued by the Insurance Company to evidence that the cargo has been insured. It provides details of the policy number, voyage, cargo details and insurance conditions.

As this document conveys rights to make a claim, we will require the original.

Commercial Invoice

The invoice accompanying the consignment, issued by the seller of the goods. This will be used to establish purchase price of goods and to confirm the terms of sale to ensure that an insurable interest does apply.

Packing List

Provides a breakdown of the consignment showing the number of units shipped in each package along with their weights.

Document of title issued by the shipping line to evidence shipment of the consignment. Also provides evidence of the contract of carriage and if possible the original should be provided with the conditions printed on the reverse side. If the entire shipment is lost all original Bills of Lading must be presented.

Air Waybill

Same role as the Bill of Lading but issued by the airline.

Consignment Note

Issued if the goods are carried by road. The consignment note can be signed on delivery and claused to show any damage or shortage in the same way as a road haulier's Delivery Receipt.

Delivery Receipts

The document signed by the receiver on delivery by the road haulier. As previously mentioned this should be claused to provide evidence of shortage or damage to goods.

Additional Documents

Depending on the circumstances of the claim we may request other documentation such as;

• Vessel's Outurn Report
• Container Damage Report
• Tally Sheets
• Written confirmation of Non Delivery from carrier
• Police Statement (in the event of a theft) etc.

Notification to Carriers

One of the benefits of cargo insurance is to relieve the claimant of the necessity to try and finalise claims from the third party responsible for the loss or damage. Following payment of a claim, underwriters attain the rights, under subrogation, to pursue the claim themselves against the third party. To ensure they are able to do so, the policy stipulates that the Assured should take all steps to ensure that the rights of recovery against third parties are fully exercised and protected.

In terms of cargo insurance, the third party will normally be the carrier of the goods, e.g. the shipping line or freight forwarder, if the cargo is transported by sea. It may be necessary to make a claim on all carriers in the transit chain.

For underwriters to be able to recover from the carrier after payment of the claim, the carrier must be held responsible, in writing, by the claimant, for the loss. This has to be done within a specific time frame. As a general guideline this is as follows:

However, our recommendation is that, irrespective of the above time limits, immediate contact is always made with the carrier holding them responsible for any loss. Failure to do this means that Insurers will not be able to recover from the carrier at a later date and may effect the full payment of your claim.