Exclusion Clause Vs Risk Excluded In UCP600 Article 28

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shahriar
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Exclusion Clause Vs Risk Excluded In UCP600 Article 28

Post by shahriar » Tue Sep 09, 2008 8:40 pm

dear all,

UCP article 28 -

h. When a credit requires insurance against "all risks" and an insurance document is presented containing any 'all risks" notation or clause, whether or not bearing the heading "all risks", the insurance document will be accepted without regard to any risk stated to be excluded.

i. An insurance document may contain reference to any exclusion clause.

i was wondering whether there is any differences between an exclusion clause and a risk excluded

regd

shahriar

cparial
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Re: exclusion clause vs risk excluded in UCP600 article 28

Post by cparial » Tue Sep 09, 2008 9:00 pm

ISBP PARA 173

" Even though a credit may be explicit with regard to risks to be covered, there may be reference to exclusion clauses in the document. If a credit requires “all risks” coverage, this is satisfied by the presentation of an insurance document evidencing any “all risks” clause or notation,even if it is stated that certain risks are excluded."


From the above, It seems to me that they have been used interchangeably.

I agree to be disagreed.

thanks

cristiand969
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Re: exclusion clause vs risk excluded in UCP600 article 28

Post by cristiand969 » Wed Oct 01, 2008 7:03 pm

Dear all,
Let's avoid any confusions. These two are not used interchangeably and they do not convey the same meaning and results. Example:
1. Insurance showing risks excluded: Insurance covering all risks as per ICC A except war risks. (i.e war risks are excluded)
2. Insurance showing exclusion clause: Insurance covering all risks as per ICC A , General exclusion clause: In no case shall this insurance covers loss damage or expense caused by war civil, war revolution. (i.e while the war risks are covered under ICC A there are exclusion refering to civil and revolutions war which means if a war is started by other country over the country where goods are in transit that risks are covered but in the event a revoution arises in that country those risks are not covered and as shown above it is an exclusion from the main risk - war.
Hope it helps.
regards
Cristian

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