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APPENDIX 17 NORWEGIAN CARGO CLAUSES: CONDITIONS RELATING TO INSURANCE FOR THE CARRIAGE OF GOODS 1995: VERSION 2004 AND APPENDICES

International Cargo Insurance

APPENDIX 17

NORWEGIAN CARGO CLAUSES: CONDITIONS RELATING TO INSURANCE FOR THE CARRIAGE OF GOODS 1995: VERSION 2004 AND APPENDICES

CONTENTS

Chapter 1. Introductory provisions

  • § 1. Definitions

Chapter 2. Scope of the insurance

  • § 2. Risks covered by the insurance
  • § 3. All risks – A-Clauses
  • § 4. Extended transport accident – B-Clauses
  • § 5. Transport accident – C-Clauses
  • § 6. Losses covered by the insurance
  • § 7. Causal connection
  • § 8. Burden of proof

Chapter 3. Interests comprised by the insurance – Identification

  • § 9. Interests comprised by the insurance
  • § 10. Identification
  • § 11. The Insurer’s objections in relation to a bona fide holder of the insurance document

Chapter 4. Duty of disclosure

  • § 12. Duty of disclosure of the person effecting the insurance
  • § 13. Duty of disclosure of a third party

Chapter 5. Period of insurance

  • § 14. Commencement of the period of insurance
  • § 15. Termination of the period of insurance
  • § 16. Suspension of the insurance

Chapter 6. Exclusions – Combination of several risks

  • § 17. Deck cargo
  • § 18. Risks excluded
  • § 19. Condensation and other effects of changes in temperature
  • § 20. Combination of risks

Chapter 7. Safety regulations

  • § 21. General rules
  • § 22. Unsuitable means of transport
  • § 23. Marking and packing of goods
  • § 24. Goods carried in thermoregulated means of transport

Chapter 8. Salvage measures, abandonment and completion of the transit

  • § 25. Duty of the Assured to minimise losses
  • § 26. The Insurer’s liability if the Assured neglects his duties
  • § 27. Abandonment of the transit on the Insurer’s demand
  • § 28. Completion of the transit on the Insurer’s demand

Chapter 9. Insurable value

  • § 29. Insurable value
  • § 30. Underinsurance
  • § 31. Overinsurance

Chapter 10. Liability of the Insurer

  • § 32. Principal rule
  • § 33. Liability in excess of the sum insured
  • § 34. The Insurer’s right to avoid further liability by payment of the sum insured
  • § 35. Total loss
  • § 36. Shortage
  • § 37. Damage
  • § 38. Damage to or loss of part of a complete unit
  • § 39. Salvage charges
  • § 40. General average
  • § 41. Charges for providing security
  • § 42. Litigation charges
  • § 43. Charges in connection with settlement of claims
  • § 44. Charges arising from measures relating to several interests

Chapter 11. Settlement of claims

  • § 45. The Assured’s duty of disclosure
  • § 46. Fraud
  • § 47. Survey of damage
  • § 48. Rates of exchange
  • § 49. Interest on the claim
  • § 50. The insurance document as prima facie evidence of ownership
  • § 51. The Insurer’s right to demand return or presentation of the insurance document upon payment of claim
  • § 52. The Insurer’s subrogation to the right to the goods on payment of claim

Chapter 12. Claims against third party (recourse)

  • § 53. The Insurer’s right of subrogation to the Assured’s claim against a third party
  • § 54. The Assured’s duty to maintain and secure the claim
  • § 55. The Assured’s duty to assist the Insurer with information and documents

Chapter 13. Cancellation

  • § 56. Cancellation in the event of fraud
  • § 57. Cancellation in the event of incorrect information
  • § 58. Cancellation as a result of the Assured’s action or omission

Chapter 14. Choice of law and jurisdiction

  • § 59. Choice of law and jurisdiction

Special clauses

Loss caused by the effects of changes in temperature (Thermoclause)

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