It is important that exceptions be taken in writing
on all receipts. This will not only facilitate the processing
of the claim with insurers but is also extremely important for
subrogation purposes.
If loss/damage is suspected, immediate written claim
should be issued to all carriers involved (steamship
line, airline, trucker, barge line etc.).
For all claims (i.e. imports, exports, inland transit
etc.) covered under the cargo policy, prompt reporting of
loss or damage is necessary in order to permit the assignment
of a surveyor or to take any other action deemed necessary to
minimize the loss and handle the claim to conclusion.
Complete documentation must be forwarded to Marsh,
Inc. and/or surveyor when one is required.
Documentation will include:
Bills of Lading(all)
Packing List
Commercial Invoice
Original insurance certificate (if applicable)
Written claim against the carrier
Confirmation of non-delivery or carrier reply if received
Itemized claim statement
Delivery receipt
Repair / Expense Bills (if applicable)
Duty Consumption Entry Form (if applicable)
Any other documentation particular to loss which may be necessary
Upon receipt of all necessary information, claim
will be reviewed and adjusted by Marsh, Inc. and
forwarded to the Insurance Company for final
settlement.
As there is the potential for prejudicing
recovery/subrogation rights under the policy, no
settlement should be accepted from a carrier
responsible for loss or damage without first obtaining
approval form Marsh or the Insurance Company.
Subrogation efforts against responsible third parties
will be pursued by the insurers and your assistance may be
required.
VIA
STEAMSHIP (SHIPMENTS TO AND / OR FROM THE U.S.)
Loss,
Damage or Delay
Concealed
Damage
Non-Delivery
Suits
for Loss,
Damage or Delay
1
year from delivery or scheduled delivery.
Report
in writing within 3 days of delivery.
1
year from scheduled delivery.
1
year from delivery unless extended in writing.
VIA
RAIL AND / OR TRUCK
These
vary in each country and you should determine the limits for filing written notice
in accordance with the laws of the appropriate country. With the United States, domestic
carriers typically must receive a formal claim with a specific amount within 9 months
of the delivery date.
Definition: A contribution by all parties in a
sea voyage to make good a loss sustained by one of
their number on account of sacrifices voluntarily
made of part of the ship and/or cargo to save the
venture from an impending peril, or for extraordinary
expenses necessarily incurred by one or more of the
interests embarked in the enterprise. Some degree of
success must occur, otherwise, if nothing were saved,
there is nothing to contribute to General Average.
A General Average is borne jointly by the cargo
and vessel owners in proportion to the value to
which their goods bear to the total value of the
interest involved.
A Maritime Lien is placed by the Shipowners on the cargo
for its pro-rata share of the total amount to be made good
in General Average.
Before any cargo is released by the carrier, each
cargo owner is required to sign a General Average Bond
plus a cash deposit usually based on a percentage of the
invoice value estimated to cover future General Average
expenditures. Customarily the Shipowners will accept a
General Average Guarantee signed by a reputable Insurance
Company of the cargo interest in lieu of a cash deposit.
In order to obtain prompt release of the cargo and to assist
insurers in posting their Guarantee in lieu of a cash deposit
from cargo interests, you should contact Marsh as soon as possible
after learning of the General Average and provide the following
documents:
Copy of the completed General Average Bond and any correspondence
received from the Shipowners or their General Average Adjusters
Copy of the Commercial Invoice
Copy of the Ocean Bill of Lading
Copy of the Insurance Certificate, or
Declaration, if no Certificate was issued.
It is imperative that these documents be submitted as quickly as possible
in order to avoid delays in receiving the cargo. General Average Guarantees
will not be issued by insurers without verification of values and terms of
sale.
