Institute Clauses In Marine Insurance
INSTITUTE TIME CLAUSES
• IN
THE 19TH CENTURY, LLOYD’S AND THE ILU (INSTITUTE OF LONDON UNDERWRITERS) DEVELOPED STANDARDIZED CLAUSES FOR THE USE OF MARINE
INSURANCE.
• THESE
HAVE BEEN MAINTAINED EVER SINCE AND ARE KNOWN AS INSTITUTE CLAUSES.
THE INTERNATIONAL HULL CLAUSES
• THE
INTERNATIONAL HULL CLAUSES (IHC) ARE A SET OF STANDARD TERMS AND CONDITIONS THAT
GOVERN MARINE INSURANCE POLICIES FOR HULL AND MACHINERY.
• THESE
CLAUSES ARE USED BY INSURERS AND REINSURERS WORLDWIDE AS A BASIS FOR THEIR
MARINE INSURANCE CONTRACTS.
• THE
IHC PROVIDE A COMPREHENSIVE FRAMEWORK FOR THE COVERAGE, RIGHTS, AND OBLIGATIONS
OF THE INSURED AND INSURER IN RELATION TO THE HULL AND MACHINERY OF A VESSEL.
• THEY
COVER VARIOUS ASPECTS SUCH AS INSURABLE INTERESTS, PERILS INSURED AGAINST,
EXCLUSIONS, DEDUCTIBLES, VALUATION OF THE INSURED VESSEL, CLAIMS SETTLEMENT,
AND OTHER IMPORTANT PROVISIONS.
• THE
IHC ARE TYPICALLY USED FOR OCEAN-GOING VESSELS OF VARIOUS TYPES, INCLUDING
CARGO SHIPS, TANKERS, PASSENGER VESSELS, AND OFFSHORE INSTALLATIONS.
• THEY
AIM TO PROVIDE A STANDARDIZED APPROACH TO HULL AND MACHINERY INSURANCE,
ENSURING CONSISTENCY AND CLARITY IN THE INSURANCE COVERAGE ACROSS DIFFERENT
POLICIES AND JURISDICTIONS.
• HOWEVER,
IT'S IMPORTANT TO NOTE THAT INDIVIDUAL INSURERS MAY MODIFY OR ADAPT THE IHC TO
SUIT THEIR SPECIFIC NEEDS OR TO COMPLY WITH LOCAL REGULATIONS.
• THEREFORE,
IT IS CRUCIAL TO CAREFULLY REVIEW AND UNDERSTAND THE TERMS AND CONDITIONS OF
THE SPECIFIC MARINE INSURANCE POLICY BEFORE PURCHASING COVERAGE
OR MAKING A CLAIM.
THE INTERNATIONAL HULL CLAUSES ARE DIVIDED
INTO THREE PARTS:
• PART ONE CONTAINS THE PRINCIPAL INSURING CONDITIONS.
• PART TWO PRESENTS A RANGE OF ADDITIONAL CLAUSES THAT WERE
FREQUENTLY REQUIRED BY ASSUREDS AND ADDED TO ITC SEPARATELY.
• PART THREE CONTAINS PROVISIONS FOR CLAIMS HANDLING AND SETS OUT
THE RIGHTS AND RESPONSIBILITIES OF UNDERWRITERS AND ASSUREDS.
THE INSTITUTE
TIME CLAUSES
• THE
INSTITUTE TIME CLAUSES (ITC) ARE A SET OF STANDARD TERMS AND CONDITIONS THAT
GOVERN MARINE INSURANCE POLICIES FOR TIME-BASED RISKS.
• THESE
CLAUSES ARE PRIMARILY USED FOR INSURING VESSELS AND THEIR ASSOCIATED RISKS
DURING A SPECIFIED PERIOD, OFTEN REFERRED TO AS A VOYAGE OR TIME CHARTER.
• THE
ITC PROVIDE A FRAMEWORK FOR COVERAGE, RIGHTS, AND OBLIGATIONS OF THE INSURED
AND INSURER IN RELATION TO THE VESSEL AND THE VOYAGE OR TIME CHARTER PERIOD.
• THEY
COVER ASPECTS SUCH AS INSURABLE INTERESTS, PERILS INSURED AGAINST, EXCLUSIONS,
DEDUCTIBLES, CLAIMS SETTLEMENT, AND OTHER IMPORTANT PROVISIONS.
• THERE
ARE DIFFERENT VERSIONS OF THE ITC THAT PROVIDE TO DIFFERENT TYPES OF RISKS AND
VESSELS. FOR EXAMPLE, THE INSTITUTE TIME CLAUSES (HULLS) COVER THE HULL AND
MACHINERY OF THE VESSEL, WHILE THE INSTITUTE TIME CLAUSES (CARGO) COVER THE
CARGO BEING TRANSPORTED.
• THE
ITC ARE WIDELY USED IN THE MARINE INSURANCE INDUSTRY AS A BASIS FOR TIME-BASED
INSURANCE CONTRACTS.
• HOWEVER,
INSURERS AND REINSURERS MAY MODIFY OR ADAPT THE CLAUSES TO SUIT THEIR SPECIFIC
NEEDS OR TO COMPLY WITH LOCAL REGULATIONS.
• THEREFORE,
IT'S IMPORTANT TO CAREFULLY REVIEW AND UNDERSTAND THE TERMS AND CONDITIONS OF
THE SPECIFIC MARINE INSURANCE POLICY BEFORE PURCHASING COVERAGE
OR MAKING A CLAIM.
THE INSTITUTE
TIME CLAUSES-HULL
• THE
INSTITUTE TIME CLAUSES, WHICH AFFORD COVERAGE FOR A SPECIFIC PERIOD, (USUALLY
12 MONTHS) ARE THE MOST IMPORTANT CLAUSES IN MARINE HULL INSURANCE POLICIES.
• DEPENDING
ON THE NATURE AND DEGREE OF RISKS, THERE ARE THREE CATEGORIES OF ITC:
• (1) INSTITUTE TIME CLAUSES (HULL) THAT
PROVIDES MAXIMUM COVERAGE (I.E. PERILS AND OTHER LOSSES AND EXPENSES COVERED).
• (2) INSTITUTE TIME CLAUSES (FREE PARTIAL
AVERAGE-FPA) THAT PROVIDES SIMILAR COVERAGE TO THAT OF THE HULL’S
CLAUSES, BUT EXCLUDES COVERAGE ON MACHINERY DAMAGES, &
• (3) INSTITUTE TIME CLAUSES (TOTAL LOSS
ONLY) THAT PROVIDES COVERAGE ONLY IN THE EVENT OF A TOTAL
LOSS. THIS IS USUALLY EXTENDED TO OLD VESSELS.
THE INSTITUTE
TIME CLAUSES-CARGO
• THE
INSTITUTE CARGO CLAUSES (ICC) DEFINE THE RISKS COVERED, CIRCUMSTANCES EXCLUDED,
DURATION OR VALIDITY OF COVERAGE AND CONDITIONS OF CLAIMS. COVERAGE IS PROVIDED
ON AN A, B, OR C BASIS, A HAVING THE WIDEST COVERAGE AND C THE MOST RESTRICTED.
THE PURPOSE OF INSTITUTE CARGO CLAUSES
• WITHIN
THE CONTEXT OF MARINE INSURANCE, INSTITUTE CARGO CLAUSES SERVE A SPECIFIC
PURPOSE.
• THIS
IS TO SPECIFY WHAT IS AND IS NOT COVERED WHEN THERE IS DAMAGE OR LOSS TO THE
SHIPMENT.
• COVER
CAN INCLUDE ANYTHING FROM THE CARGO TO THE CONTAINER THAT HOLDS IT AND EVEN THE
TRANSPORTATION USED TO SHIP SAID CARGO.
• THE
DIFFERENCE IN COVERAGE IS DETAILED BY EACH DIFFERENT CATEGORY OF CLAUSE: A, B,
AND C. CLAUSE C IS THE MOST RESTRICTIVE OF THE THREE, WITH A BEING THE
BROADEST.
Institute Cargo Clause ‘A’
• INSTITUTE
CARGO CLAUSE A IS THE WIDEST COVERAGE YOU CAN PURCHASE.
• ALSO
KNOWN AS AN ‘ALL RISKS’ CARGO INSURANCE POLICY.
• FOR
THIS REASON, IT IS THE MOST EXPENSIVE OF THE THREE ( A,B, & C ).
WHAT
EXACTLY DOES IT COVER?
• CLAUSE
A COVERS MAXIMUM RISKS. IT CAN COVER THE CARGO, CONTAINER, AND
TRANSPORTATION, AND ANY EXCLUSIONS CAN BE FOUND IN THE GENERAL EXCLUSION
CLAUSES.
Institute Cargo Clause ‘B’
• THIS
CLAUSE IS A MORE RESTRICTIVE KIND OF COVERAGE.
• FOR
THIS REASON, YOU SHOULD EXPECT TO PAY A MODERATE PREMIUM.
• IN
THE CASE OF THIS CLAUSE, YOU MIGHT ONLY REQUEST FOR THE MORE VALUABLE ITEMS IN
YOUR CARGO TO BE COVERED OR FOR PARTIAL CARGO COVERAGE.
Institute Cargo Clause ‘C’
• THIS
CLAUSE, OF COURSE, IS THE MOST RESTRICTIVE OF THE THREE.
• IT
COVERS ONLY VERY LIMITED RISKS.
• FURTHERMORE,
MOST OF THE SITUATIONS COVERED MUST HAPPEN DURING CARRIAGE.
• THE
MAIN ASPECTS OF COVER INCLUDE:
- GENERAL
AVERAGE
- FIRE
/ EXPLOSION
- VESSEL
GROUNDING / CAPSIZING
- COLLISION
- GENERAL
AVERAGE SACRIFICE The Differences Between Institute Cargo Clauses A, B, and C
• THE
MAIN DIFFERENCES BETWEEN THE THREE LEVELS OF INSTITUTE CARGO CLAUSES ARE WHAT
THEY COVER, AND IN WHAT CIRCUMSTANCES SAID ITEMS ARE COVERED.
• EACH
CLAUSE SETS FORTH DETAILED PARAMETERS FOR WHAT IT DOES AND DOESN’T COVER.
• BECAUSE
OF THE DIFFERENCE IN COVER THE PREMIUM PAYABLE FOR EACH WILL VARY.