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Marine Cargo Insurance

11

DURATION OF THE INSURANCE 1: THE TRANSIT CLAUSE

Structure of the duration provisions

Duration of risk in cargo insurance

11.1 The practice is to insure cargo on a voyage1 basis whilst hull and machinery are generally insured on a time basis.2 As cargo is insured on a voyage basis it is essential to define the duration of that voyage or, more precisely, the duration of the insured transit. This issue is addressed by the duration provisions of the Institute Cargo Clauses3 which form a complex and comprehensive scheme which defines the duration of the insurance and regulates the continuation of that insurance even if there is delay, interruption or termination of the transit, or if there is a change of voyage. Three main Institute Clauses put this scheme into effect. The first is Clause 8, the Transit Clause itself, which is examined in this chapter. This Clause defines the attachment and termination of the insured risk (Clause 8.1) and deals with the situation where the goods are to be forwarded to another destination (Clause 8.2). The Transit Clause then provides that the insurance shall remain in force during delay beyond the control of the assured, deviation, forced discharge and variations of the adventure arising from the liberties in the contract of carriage (Clause 8.3). There are then two further clauses, considered in Chapter 12. The first, Clause 9, deals with termination of the contract of carriage in circumstances beyond the control of the assured, and the second, Clause 10, deals with a change in voyage, where the destination is changed either by the assured or by the carriers. Held covered and analogous provisions relevant to Clauses 9 and 10 are examined at the beginning of Chapter 12. The following diagram summarises this structure and indicates the paragraph of the text in this book where the examination of each Institute Clause, or sub-Clause, begins.

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