At the time of delivery

On their arrival at your premises the goods should be externally examined for any signs of damage or shortage.


If damage or shortage is noted or even if it is only suspected, a clean receipt should not be given. If you are not satisfied that the condition of the consignment is sound you have no obligation to provide the haulier with a clean receipt. Instead, clause the delivery receipt with a comment that the goods were received damaged or short.


Establishing the Extent of Loss

Next, examine the goods more thoroughly to determine more accurately the extent of any damage or shortage. Damaged goods should be put to one side pending the Insurers decision on whether a survey will be required.


Notifying WK Webster

At this stage you should notify WK Webster of your claim using the Report New Claim Form.


On receipt of your notification we will contact you and advise whether a survey will be necessary together with what further information and documentation is required to process your claim. If a survey is necessary we will make arrangements for the same through our local agent/surveyor.


Holding Carriers Responsible

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:


Shipping Line  - Within 3 days from the time of delivery.
Airline - Within 14 days from the time of delivery.
Road - Within 7 days from the time of delivery.

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 affect the full payment of your claim.



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.
Bill of Lading 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.

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

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


You will be guided by us as to what additional documents may be required once the claim has been reported to us.

CONTACT US

NEW YORK

 
Telephone Number +1 212 269 8220

www.wkwebster.com