Thursday, 28 November 2019

Marine Insurance claims/Risks consultancy

Cargo Insurance policies differ based on the risks to be covered and the nature of cargo.Insurers compete and amend the scope of cover . Recently we were approached by a shipper from India to seek our advice to proceed legally against an Insurance company in the case of a cargo damage claim which was rejected by the insurer.
The shipper had shipped a cargo of Green Chilies to a consignee in Dubai. The cargo was shipped in a refrigerated container .Upon arrival of the cargo in the container at the consignee's cold store in Dubai the same was opened and the cargo noted to be decayed .A survey was arranged by the shipper's Insurance Company in order to ascertain the nature, cause and extent of damage suffered by the cargo.The cause of damage was noted to be due to failure on the part of the carriers to maintain the shipper recommended   temperature in the container . Survey report was submitted to the shipper's Insurance company and claim was lodged for the loss suffered by the shipper .The Insurance Company rejected the claim stating that the claim was falling under exclusion clause of the insurance policy.
We were made available the original Insurance policy for review. We closely examined the policy terms ,conditions and item of interest insured and noted that the insured item mentioned in the policy was " General Cargo" where it should have been mentioned "Perishable cargo in refrigerated container with reefer container clause incorporated. As per the policy terms the General Cargo damage due to temperature problem was mentioned under exclusion clause of the policy.
This was due to failure on the part of Shipper to examine the policy to ascertain whether the intended risk and item of interest mentioned in the insurance cover   was as per his requirement.

                                                            Chrtd. Engineer Shenoy,
                                                             Insurance Claim Consultant
                                                             Constellation Marine Services, Dubai,
                                                             Phone +971501390779

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