LIBERTY MUTUAL INSURANCE COMPANY
(A Massachusetts Stock Insurance Company, hereinafter called the “Company”)THIS POLICY SHALL BE VOID IF THE INSURED HAS CONCEALED OR
INDEX OF CLAUSES 16 ASSIGNMENT
3 ATTACHMENT AND CANCELLATION 30 BROKERS
31 CAPTIONS 34 CHOICE OF LAW
7 CONSTRUCTIVE TOTAL LOSS CLAUSE 8 CONTAINER ACTIVITY CLAUSE 9 COVERAGE PERIOD
22 DEDUCTIBLE 25 DEFINITIONS
11 DUTIES FOR INSURED CLAUSE 6 EXCLUSIONS
28 EXPORT CONTROL-US ECONOMIC AND TRADE SANCTION CLAUSE 29 INSPECTION OF RECORDS
10 INSURABLE INTEREST CLAUSE 1 INSURED
13 LAW AND PRACTICE CLAUSE 4 LIMITS OF LIABILITY
19 LOSS OF RIGHT TO COMPENSATION 2 LOSS PAYABLE
15 MISINTERPRETATION AND FRAUD 14 NOTICE OF LOSS
24 NOTIFICATION
27 PARAMOUNT WARRANTIES 21 PAYMENT OF LOSS
17 PREMIUM
12 REASONABLE DILIGENCE CLAUSE 5 RISK CLAUSE FOR CONTAINER 32 SEVERABILITY
23 SUBROGATION
26 SUIT AGAINST THE COMPANY 18 VALUATION OF LOSS
1. INSURED
Corporations, Partnerships and Individuals, as registered to and maintained under the Container Cover program on the Container Cover website at www.LIUcontainercover.com, but only with respect to containers which have been declared through Container Cover and where an electronic Certificate of Insurance has been successfully issued and confirmed by the Container Cover program.
And/or for whom they have instructions to insure.
2. LOSS PAYABLE
Loss, if any, payable to Insured or order.
3. ATTACHMENT AND CANCELLATION
This policy is to attach only on containers confirmed through the LIUcontainercover.com as booked by the insured or their agents on or after_____. This policy may be cancelled by either party, given thirty (30) day written notice.
This policy may also be cancelled by The Company provided ten (10) day written notice being provided for non-payment of premium. Such cancellation, shall not affect any risk on which this insurance has attached prior to the effective date of such notice of cancellation.
Cancellation of War, Strikes, Riots and Civil Commotions and Malicious Damage Risks provided, shall be seven (7) days’ notice at any time but in respect of sendings to or from the United States of America, Strikes, Riots and Civil Commotions and Malicious Damage Risks shall be subject to forty-eight (48) hours’ notice
4. LIMITS OF LIABILITY
These Insurers are not to be liable for more than: US $50,000.00 any one container
US $1,000,000.00 any one event per insured
5. RISK CLAUSE FOR CONTAINER This insurance covers:
5.1 All Risk of Physical damage from any external cause including total or partial loss 5.2 The damage caused to the machinery of the container (isothermal, heating, isotanks, and
controlled atmosphere or similar) if damage to the container is covered in 5.1 above.
6. EXCLUSIONS
This policy does not cover:
6.2 Any ordinary container cleanup. 6.3 Any delays in the return of the container
6.4 Normal container wear and tear including gradual deterioration, corrosion and oxidation (inherent vices).
6.5 The damage caused by lack of maintenance to the container and its machinery including mechanical breakdown of reefer machinery without external cause/damage.
6.6 If loss or damage has been caused intentionally by the insured or the policyholder.
6.7 All those repairs that are carried out under the regular service maintenance of the container. 6.8 The unexplained disappearance of the container at the time of inventory by agent, shipping line or
depository of containers.
6.9 The loss of profits of any of the parties related to the contract of carriage, in the processes of; export, import, national and urban distribution.
6.10 Losses or damages that are a consequence of insolvency or financial default of the insured. 6.11 Losses or damages that are based on the loss or frustration of the trip that would move the
container.
6.12 In no event will this insurance cover loss or damage, unintentional delay and extraordinary cleaning of the container caused by acts of authority, such as: capture, abduction, restriction or detention, as well as its consequences.
6.13 In no event will this insurance cover loss or damage to the container caused by container being stuffed in excess of it rated capacity.
6.14 In no event will this insurance cover loss or damage arising out of any liability of the Insured.
7. CONSTRUCTIVE TOTAL LOSS CLAUSE
It is understood and agreed that covered damage under this policy equal or exceeding three fourths- (3/4) of the commercial value of the container at the date of the accident, according to the inspector’s report is a constructive total loss.
8. CONTAINER ACTIVITY CLAUSE
The activity or use of the container insured will be for the transport of legal goods.
9. COVERAGE PERIOD
Coverage period will be:
9.2 Export - from the time of receiving physical, signed release by the person responsible for the transport of the container, for the mobilization of container to the place of loading and receipt of the goods for export, and ends in the moment of physical, signed and documented in customs or specified places in the container interchange release agreement.
9.3 This insurance will not benefit the domestic carrier, transporter or bailee. This includes all modes of domestic transit (i.e. Truck, rail, barges, etc.).
10. INSURABLE INTEREST CLAUSE
Subject to all terms and conditions all containers leased by or consigned to the Insured for their own account as principals or agents for others or in which they have an insurable interest.
11. DUTIES FOR INSURED CLAUSE
It is duty of the insured, their dependents, and their agents:
11.1 To take all measures that are reasonable to prevent or mitigate loss or damage.
11.2 Exercise and protect all rights against carriers or transporters, container facilities, temporal or overnight storage facilities and other third parties.
12. REASONABLE DILIGENCE CLAUSE
Insured is to act with reasonable diligence in all the circumstances under their control.
13. LAW AND PRACTICE CLAUSE
The insurance is subject to the law and customs of the United States.
14. NOTICE OF LOSS
Upon being known by the Insured, notice of the occurrence of any and all losses which are apt to be a claim under this policy shall be given to The Company or its agents by the Insured immediately.
15. MISREPRESENTATION AND FRAUD
This policy shall be void if The Insured has concealed or misrepresented any material fact or circumstance concerning this insurance or the subject thereof or in case of any fraud, attempted fraud or false swearing by The Insured touching any matter relating to this insurance or the subject thereof, whether before or after a loss.
16. ASSIGNMENT
This policy shall be null and void if assigned or transferred without the written consent of The Company.
17. PREMIUM
The insurance Premium is what appears in the policy or on the individual certificate of insurance, calculated according to the rate applicable to the risk.
18. VALUATION OF LOSS
The Insurers are not liable for more than the real market value of the interest insured at the time of the accident. The value will be determined under the following parameters: certificate of cost or historical value of the container based on the years of use.
The depreciation applies exclusively to the used container and shall be determined based on the following table:
Less than 06 months of use – New Value
12 months of use – Less 15% of new replacement value 24 months of use – Less 25% of new replacement value 36 months of use – Less 35% of new replacement value 48 months of use – Less 45% of new replacement value 60 months of use – Less 55% of new replacement value 72 months of use – Less 65% of new replacement value 84 months of use – Less 75% of new replacement value More than 84 months – 20% of new replacement value
In the event of a claim for a Partial Loss, the valuation of the loss will be based on the pre-agreed rates for damages to the containers based on the international standards for reporting damages unless the Container is a Constructive Total Loss.
19. LOSS OF RIGHT TO COMPENSATION
In the event of a loss or potential claim, the owner/insured shall act as a prudent uninsured averting or minimizing the loss when wherever possible.
The right of the insured to the compensation will be lost in the following cases: a.) When there has been bad faith.
b.) When notified of news of the accident you omit co-existing insurance on the insured object. c.) If the insured or the policyholder waives their rights against the people responsible for the loss
unless the waiver is for the benefit of the Consignee.
20. WARRANTIES
This policy is issued under the warranty that the insured shall comply with the following obligations: a.) The transport company is duly authorized by the supervisory authorities, in accordance with the
rules governing the subject.
b.) The container is inspected upon commencement and termination of risk by an LIU approved container inspection company and/or procedure.
c.) Rights of subrogation must be protected
d.) The Container Interchange Agreement is followed
Breach of any of these warranties could lead to loss of coverage under this policy.
21. PAYMENT OF LOSS
The shipping agent, manager or handler of containers may submit to the company the claim, with a power of attorney granted by the Insured in the contract of loan, lease or leasing. The claim that the insured submits must be in writing, accompanied by the documents listed below and any other legal or contractual requirement, which allows the insured or beneficiary to prove the loss and the amount of damage.
1.) Contract of loan, lease or leasing, indicating the state and condition of the container at receipt, attaching to this copy of the report of receipt and delivery of the container by the terminals (airports, free trade zones, docks, port societies, land-based terminals).
2.) Where the cause of loss or damage is theft, the police report must be presented together with the claim.
3.) Report of the inspector detailing:
Total loss or partial loss to the container in accordance with the criteria agreed with the owner under the IICL standards, CIC, w/w/C, W indicating the value of repair and year of construction of the container.
4.) Previous claim filed with those responsible for the accident, within the terms prescribed in the contract of carriage or in the law.
5.) Photographic record of the container that shows the damage
The company will pay compensation in cash or through the replacement, repair or reconstruction of the goods insured or any part of them at the insured’s choice. This shall be carried out within the maximum limits of compensation, which shall not exceed in any case the actual cash value of the container at the date of the occurrence or the effective amount of repairs.
22. DEDUCTIBLE
The sum of money established in the particular conditions of the policy, payable by the insured or beneficiary in the event of a covered loss.
Partial Losses below US$2,000 – payable without deductible Partial losses over US$ 2,000 – 10% of loss
Total losses or Constructive total losses payable without deductible
23. SUBROGATION
It is agreed that upon payment of any loss, damage or expense; The Company is subrogated to all the rights of The Insured, to the extent of the payment made, against any carrier, bailee or other third party, who may be liable for the loss, damage, or expense.
It is further agreed that where a recovery is obtained, the net recoveries (net recoveries shall mean amount received by The Company after deduction of all costs expended to achieve them) shall be divided prorata, with the Insured to receive an amount equal to that proportion of the net recovery that those portions of its adjusted claim which are unrecoverable as deductible or in excess of limits bear to the insured value of the goods insured.
24. NOTIFICATION
25. DEFINITIONS
Standard containers- (20’/40’) An article of transport equipment that meets ANSI/ISO standards
designed to be transported by various modes of transportation; designed to facilitate and optimize carriage of goods by one or more modes of transportation without intermediate handling of contents and equipped with features permitting its ready handling and transfer from one mode to another. Containers may be fully enclosed with one or more doors, open top, refrigerated, tank, open rack, gondola, flat rack, and other designs.
High-cube containers
- (40’/45’) High cube dry containers ensure that you gain an extra foot in height
compared with dry containers. The high cube dry containers are ideal for light, voluminous or bulky cargo. These extra volume containers are made in 40' and 45' sizes in steel and aluminum.Hard-top containers-
(20’/40’) the walls of hard-top containers are generally made of corrugated steel.
The floor is made of wood. It has two typical distinguishing structural features. On the one hand, it is equipped with a removable steel roof. In some types, this roof has points for accommodating forklift trucks, allowing the roof to be lifted by forklift truck. The roof weighs approx. 450 kg. In addition, the door header may be swiveled out.Open-top containers- (20’/40’) Open top containers have an open top covered by a tarpaulin instead of a
solid roof. This enables oversized cargo such as timber and scrap metal to be loaded from the top. Open top containers normally have end doors to give flexibility to loading and discharging operations.
Flat racks- (20’/40’) Flat rack containers are especially suitable for heavy loads and cargo that needs
loading from the top or sides, such as pipes and machinery. You will find collapsible containers and non-collapsible containers with or without walls. Flat racks used to ship ammunition must have paneled end walls.
Platforms (plats)-(20’/40’) Platform containers are without sides, ends and roof. They are used for
odd-sized cargo which does not fit on or in any other type of container.
Ventilated containers- (20’/40’) Container equipped with a ventilation system to speed up and increase
the natural convention of the atmosphere within the container.
Insulated and refrigerated containers-(20’/40’) Containers provided with a cooling device and a device
producing heat
Bulk containers- (20’)
bulk containers are available in light-duty, medium-duty and heavy-duty designs to
meet a wide range of application requirements. These pallet containers are available in collapsible, straight-wall and nestable styles and offer the strength and rugged durability demanded in today’s material handling and distribution systems.
Tank containers- (20’) tank containers can be loaded and unloaded from the top and the bottom. On a
standard tank container there is a manhole and at least one valve on the top, and there is a valve at the bottom. Loading and unloading is done by connecting hoses of the loading and unloading facility to the valves of the tank. The loading or unloaded is often done using a pump. Depending on the installation and regulation of certain products, it is determined how the tank container should be loaded or unloaded.
26. SUIT AGAINST THE COMPANY
date of the physical loss or damage out of which the said claim arose, provided that where such limitation of time is held unenforceable by the court wherein such action has been commenced, then no such suit or action shall be sustainable unless commenced within the shortest limitation of time enforceable in such court.
27. PARAMOUNT WARRANTIES
The following warranties shall be paramount and shall not be modified or superseded by any other provision included herein or stamped or endorsed hereon unless such other provision refers specifically to the risks excluded by these warranties and expressly assumes the said risks:
(a) F.C. & S. (Free of Capture & Seizure) Warranty
Notwithstanding anything herein contained to the contrary this insurance is warranted free from: i. capture, seizure, arrest, restraint, detainment, confiscation, pre-emption, requisition or
nationalization, and the consequences thereof or any attempt thereat whether in time of peace or war and whether lawful or otherwise;
ii. all loss, damage or expense, whether in time of peace or war, caused by (1) any weapon of war employing atomic or nuclear fission and/or fusion or other reaction or radioactive force or matter or (2) any mine or torpedo;
iii. all consequence of hostilities or warlike operations (whether there be a declaration of war or not, but this warranty shall not exclude collision or contact with aircraft, or with rockets or similar missiles (other than weapons of war) or with any fixed or floating object (other than a mine or torpedo), stranding, heavy weather, fire or explosion unless caused directly (and independently of the nature of the voyage or service which the vessel concerned or, in the case of a collision , any other vessel involved therein, is performing) by a hostile act by or against a belligerent power; and for the purposes of this warranty “power” includes any authority maintaining naval, military or air forces in association with a power;
iv. the consequences of civil war, revolution, rebellion, insurrection, or civil strife arising there from; or from the consequences of the imposition of martial law, military or usurped power; or piracy.
(b) S.R. &C.C. (Strikes, Riots, and Civil Commotions) Warranty
Notwithstanding anything herein contained to the contrary, this insurance is warranted free from loss, damage, or expense caused by or resulting from:
i. strikes, lockouts, labor disturbances, riots, civil commotions, or the acts of any person or persons taking part in any such occurrences or disorders;
ii. vandalism, sabotage or malicious act, which shall be deemed also to encompass the act or acts of one or more persons, whether or not agents of a sovereign power, carried out for political, terroristic or ideological purposes and whether any loss, damage or expense resulting there from is accidental or intentional.
(c) Nuclear Exclusion Clause
caused. However, subject to all provision of this policy, if this policy insures against fire, then direct physical damage to the property insured located in the United States, or any territory of the United States or Puerto Rico by fire directly caused by the above excluded perils, is insured, provided that the nuclear reaction, radiation, or radioactive contamination was not caused, whether directly or indirectly, by any of the perils excluded by the F.C. & S. Warranty of this policy.
Nothing in this clause shall be construed to cover any loss, damage, liability or expense caused by nuclear reaction, radiation, radioactive contamination, arising directly or indirectly from the fire mentioned above.
(d) Extended Radioactive Contamination Exclusion Clause with USA Endorsement (March 1, 2003)
This clause shall be paramount and shall override anything contained in this insurance inconsistent therewith.
1. In no case shall this insurance cover loss, damage, liability or expense directly or indirectly caused by or contributed to by or arising from
1.1 ionizing radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel
1.2 the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly or nuclear component thereof
1.3 any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.
1.4 The radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter. The exclusion is in this sub-clause does not extend to radioactive isotopes, other than nuclear fuel, when such isotopes are being prepared, carried, stored, or used for commercial, agricultural, medical, scientific or other similar peaceful purposes.
Radioactive Contamination Exclusion Clause (U.S.A. Endorsement)
28. EXPORT CONTROL - US ECONOMIC AND TRADE SANCTION CLAUSE
Whenever coverage provided by this policy would be in violation of any U.S. economic or trade sanction such as, but not limited to, those sanctions administered and enforced by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), such coverage shall be null and void.
Similarly, any coverage relating to or referred to in any certificate or other evidence of insurance or any claim that would be in violation of U.S. economic or trade sanctions as described above shall also be null and void.
29. INSPECTION OF RECORDS
The Company or its agent shall have the privilege, at any time during business hours, to inspect the records of the Insured as respects shipments coming within the terms of this policy.
30. BROKERS
It is a condition of this policy, and it is hereby agreed that The Insured’s broker or any substituted brokers, shall be deemed to be exclusively the agents of the Insured and not of The Company in any and all matters relating to, connected with or affecting this insurance. Any notice given or mailed by or on behalf of The Company to the said Insured’s broker in connection with or affecting this insurance, or its cancellation, shall be deemed to have been delivered to The Insured.
31. CAPTIONS
The captions in this policy are for convenience of reference only and shall not limit or otherwise affect the meaning hereof.
32. SEVERABILITY
In the event that any one or more of the provisions contained herein, or the application thereof in any circumstance, is held invalid, illegal or unenforceable, the validity, legality and enforceability of any such provision in every other respect and of the remaining provisions contained herein shall not be affected or impaired thereby.
33. VENUE
It is hereby agreed that any legal suit, action or proceeding arising out of or in connection with this policy shall be instituted in the United States District Court located in the City County and State of New York, or, if that court shall lack subject matter jurisdiction, a Court of the State of New York located in the City County and State of New York. The Insured and The Company irrevocable and unconditionally submit to the exclusive jurisdiction of such court and waive any objection to such venue, and agree not to plead or claim in any suit, action or proceeding so instituted that such court is an inconvenient forum.
34. CHOICE OF LAW
common law of the United States, the law of the state of New York, irrespective of any principles of choice of law.
In witness whereof, The Company has caused this policy to be signed by its President and its Secretary at Boston, Massachusetts and countersigned by a duly authorized representative of The Company
PRESIDENT David H. Long
LIBERTY MUTUAL INSURANCE COMPANY
(A Massachusetts Stock Insurance Company, hereinafter called the “Company”)POLICYHOLDER DISCLOSURE – TERRORISM INSURANCE PREMIUM NOTICE This notice contains important information about the Terrorism Risk Insurance Act and its effect on your policy. Please read it carefully.
THE TERRORISM RISK INSURANCE ACT
The Terrorism Risk Insurance Act, including all amendments (“TRIA” or the “Act”), establishes a program to spread the risk of catastrophic losses from certain acts of terrorism between insurers and the federal government. If an individual insurer’s losses from a “certified act of terrorism” exceed a specified deductible amount, the government will reimburse the insurer for 85% of losses paid in excess of the deductible, but only if aggregate industry losses from such an act exceed $100 million. An insurer that has met its insurer deductible is not liable for any portion of losses in excess of $100 billion per year. Similarly, the federal government is not liable for any losses covered by the Act that exceed this amount. If aggregate insured losses exceed $100 billion, losses up to that amount may be pro-rated, as determined by the Secretary of the Treasury.
MANDATORY OFFER OF COVERAGE FOR “CERTIFIED ACTS OF TERRORISM” AND DISCLOSURE OF PREMIUM
TRIA requires insurers to make coverage available for any loss that occurs within the United States (or outside of the U.S. in the case of U.S. missions and certain air carriers and vessels), results from a “certified act of terrorism” AND that is otherwise covered under your policy.
A “certified act of terrorism” means:
[A]ny act that is certified by the Secretary [of the Treasury], in concurrence with the Secretary of State, and the Attorney General of the United States
(i) to be an act of terrorism;
(ii) to be a violent act or an act that is dangerous to – (I) human life;
(II) property; or (III) infrastructure;
(iii) to have resulted in damage within the United States, or outside of the United States in the case of (I) an air carrier (as defined in section 40102 of title 49, United States Code) or United States
flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States); or (II) the premises of a United States mission; and
MANDATORY PREMIUM DISCLOSURE STATEMENT
Even if you decline coverage for “certified acts of terrorism,” certain states require us to provide you with coverage for fire losses that result from an act of terrorism. This mandatory coverage is provided at not additional charge.
YOU NEED NOT DO ANYTHING FURTHER AT THIS TIME.
The summary of the Act and the coverage under your policy contained in this notice is necessarily general in nature. Your policy contains specific terms, definitions, exclusions and conditions. In case of any conflict, your policy language will control the resolution of all coverage questions. Please read your policy.
LIBERTY MUTUAL INSURANCE COMPANY
(A Massachusetts Stock Insurance Company, hereinafter called the “Company”)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM
This endorsement modifies insurance provided under the above captioned policy.
A. Cap on Certified Terrorism Losses
“Certified act of terrorism” means an act that is certified by the Secretary of the Treasury, in
concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a “certified act of terrorism” include the following:
1. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types
of insur-ance subject to the Terrorism Risk Insurance Act; and
2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is
commit-ted by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion.
If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act ex-ceed $100 billion in a Program Year (January 1 through December 31) and we have met our insurer deducti-ble under the Terrorism Risk Insurance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury.
B. Application of Exclusions
The terms and limitations of any terrorism exclusion, or the inapplicability or omission of terrorism exclusion, do not serve to create coverage for any loss which would otherwise be excluded under this Coverage Part or Policy, such as losses excluded by the Nuclear Hazard Exclusion or the War and Military Action Exclusion.
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED
LIBERTY MUTUAL INSURANCE COMPANY
(A Massachusetts Stock Insurance Company, hereinafter called the “Company”)POLICYHOLDER NOTICE
DISCLOSURE – TERRORISM RISK INSURANCE ACT
THIS ENDORSEMENT IS MADE PART OF YOUR POLICY PURSUANT TO THE TERRORISM RISK INSURANCE ACT.
In accordance with the Terrorism Risk Insurance Act, including all amendments, (“TRIA” or the “Act”), we are required to provide you with a notice of the portion of your premium attributable to coverage for “certified acts of terrorism,” the federal share of payment of losses from such acts, and the limitation or “cap” on our liability under the Act.
Disclosure of Premium
The Company has made available coverage for “certified acts of terrorism” as defined in the Act. If purchased, the portion of your premium attributable to coverage for “certified acts of terrorism” is shown in the Declarations, Declarations Extension Schedule or elsewhere by endorsement in your policy.
Federal Participation in Payment of Terrorism Losses
If an individual insurer’s losses exceed a deductible amount specified in the Act, the federal government will reimburse the insurer for 85% of losses paid in excess of the deductible, provided that aggregate industry losses from a “certified act of terrorism” exceed $100 million.
Cap on Insurer Participation in Payment of Terrorism Losses
