all risk and ICC A

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jabra
Posts: 62
Joined: Sat Dec 06, 2008 5:39 pm

all risk and ICC A

Post by jabra » Tue Mar 31, 2009 8:47 pm

as per ISBP, An insurance document indicating that it covers Institute Cargo Clauses (A) satisfies a condition in a credit calling for an "all risks" clause or notation. can we take the vice versa as acceptable?

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ybattia
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I think any All Risks Notation shall do, UCP 28.h.

Post by ybattia » Wed Apr 08, 2009 12:20 am

I think if the credit calls for an insurance document to be presented covering ICC A in particular, then it must be indicated in the document.. while if the credit calls for insurance covering named risks that is existent by nature as part of the ICC A without expressly refering to it, then any "All risks" notation shall be sufficient, pls refer to UCP600 sub-art. 28.h.

However, I disagree with such treatment to the "all risks" notation, as even in the Institute Carge Clasue B or C you may find notation to "All Risks" under a certain type ot risks.

Opinions required on this issue,
and please help us find if there is any online reference to the wording of the ICC A, B and C - as I m pretty sure it is there somewhere.

ok12
Posts: 13
Joined: Fri Apr 10, 2009 1:32 pm

Insurance

Post by ok12 » Fri Apr 10, 2009 4:30 pm

In my opinion, if LC called for ICC A and insurance submitted without reference to it and only showing "all risk" notation is not acceptable. Don't think any insurance company will issue an insurance policy with "all risk" notation but stating no exclusion clause and unless you can satisfied yourself and the exclusion clause indicated in this insurance documents has no deviatian with ICCA.

Regards

iLC
Posts: 504
Joined: Thu Jun 26, 2008 10:33 pm

Generic to specific

Post by iLC » Fri Apr 10, 2009 10:06 pm

one thing i believe that UCP 600 always give preference to a specific term over a generic one. All risk is a generic term and hence UCP 600 allows a specific one. i agree that when a credit is specific, all risk will be a discrepancy. however i dont think that all risk should allow ICC B or C. LC issuers intention is important here. Its universal that ICC B and C does not include many of the risk. we should not also confuse exclusion with basic coverages. ICC A always ICC A even if it excludes some of the risks.

ok12
Posts: 13
Joined: Fri Apr 10, 2009 1:32 pm

I agreed

Post by ok12 » Sat Apr 11, 2009 8:55 pm

Hi,

I fully agreed with iLC. Do allow me to delete this sentence from my comments:

"and unless you can satisfied yourself and the exclusion clause indicated in this insurance documents has no deviatian with ICCA."

Regards :lol:

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