INSURANCE
PROCEDURE TO FOLLOW IN CASE OF LOSS OR DAMAGE
1 . All necessary protective and/or salvage measures must be taken and/or required, according to preserve the insured goods or minimise the extension of loss and/or damage.
2 . Application for survey must be made to the Average Agent within 3 days from the end of the insured risks.
3 . All rights and recourse against carriers and/or any other parties responsible must be preserved to enable these rights to be subrogated to the insurers.
4 . Claim must be filed through the insurers with the shortest delay.
It is recalled that any action is time-bared after two years. (Article 32 of the Policy Form, dated June 30, 1983).
PRESERVATION OF RIGHTS OF RECOVERIS
Laws, local regulations and usages may vary but must be complied with and, in any case, the following points must always be taken in consideration.
1. APPARENT DAMAGE :
a). When taking delivery of goods precise details must be noted on the delivery order including marks, numbers, quantities and weights of damaged packages.
b). Not later than 24 hours after delivery these details must be confirmed by a registered letter.
2 . DAMAGE DISCOVERED AFTER DELIVERY :
a). To cease unpacking immediately and to apply to the Average Agent for Survey.
b). To send without delay a registered letter to the carrier and/or other parties responsible advising them of the damages and reserving all rights against them.
3 . IN ALL CASES : carriers and/or any other liable parties should be invited, by registered letter if necessary, to attend survey and should they refuse to be present or to send representatives, a survey could be, if the damage is extensive, appointed by the Court.
GENERAL AVERAGE
On any Average Bond the following endorsment should appear before signature : «subject to the right to contest, if need be, the admissibility of General Average and the amounts».
DOCUMENTS TO BE SUPPLIED IN SUPPORT OF CLAIMS FILED THROUGH THE INSURERS
FOR ALL CLAIMS:
. Original Certificate of Insurance.
. Copy of invoices of merchandises and various expenses incurred
. Original Bill of Lading (or similar document for the other means of transport).
OTHER NECESSARY DOCUMENTS :
1 . PARTICULAR AVERAGE:
- Survey Report.
- Eventually : Certified report of the Carrier, Weight Notes, etc.
- Correspondence relating to reserves made against other responsible parties.
2 . FOR NON DELIVERIES
- Also include the confirmation of non-delivery given by the party presumed to be responsible.
3 . FOR GENERAL AVERAGE
a). Deposit :
- Deposit Receipt correctly endorsed in blank by the person who has paid the Deposit.
b). Contribution :
- Extract from the General Average adjustments signed by the Average Adjuster.
- Receipt of Contribution.
4 . TOTAL LOSS OF CARGO CONSEQUENCE OF LOSS OF VESSEL:
- Letter from the shipowners advising the Consignee of the loss of the vessel.
- Extract from manifest establishing that merchandise was duly shipped or, if not available, statement from carrier.