Plan Type Limit Deductible Monthly Member Premium
Basic $1000 Carriers responsibility 100% $0.00
Platinum $20,000 $1,000 $75.00
COVERAGE
In consideration of the premium charged, it is understood that the Company agrees, subject to all terms and
conditions
herein, to the following:
(a) To pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay by
reason of
liability imposed upon them as a Non-Vessel Operating Common Carrier, Indirect Air Carrier or Motor Truck
Carrier
for physical loss of or damage to goods and/or merchandise accepted by the Insured for transport under its
own
Bill of Lading, Air Waybill or Freight Receipt including while in the care, custody or control of the
Assured for the
purpose of container loading and consolidation prior to and subsequent to overseas, air or overland
shipment.
(b) To pay the reasonable expenses incurred by or on behalf of the Insured when in case of actual or
imminent loss or
damage, it shall be lawful and necessary for the Insured, their factors, or assigns to sue, labor and travel
for, in and
about the defense, safeguard and recovery of the property insured hereunder, or in part thereunder,
without
prejudice to this insurance; nor shall the acts of the Insured or the Company in recovering, saving and
preserving
the property insured in case of loss or damage be considered a waiver or acceptance of an abandonment.
(c) To defend claims or suits brought against the Insured seeking damages payable under this policy, even if
such suits
are groundless, false or fraudulent and: (a) Pay premiums on bonds or appeal bonds required in a defended
suit; (b)
pay all costs taxed against the Insured in said suit and interest accruing after entry of judgment until
Insurer have
paid or deposited applicable portion of the judgment without exceeding the limit of the Insurer’s
liability; (c) pay
reasonable expenses excluding loss of earnings incurred by the Insured at request of the Insurer.
(d) To investigate all claims against the Insured for actual or alleged loss or destruction of or damage to
property as
defined in Clause 3(a) above, and for which the liability of the Insured is covered under this Policy.
Motor Carriers who are involved in a cargo claim may be offered the opportunity for claims coverage
assistance to work through the paperwork for a fee.
ATTACHMENT
To attach on all shipments arranged by the Insured during the period of insurance as specified in the
schedule.
DEDUCTIBLE
All claims for loss or damage to covered property including all cost and expenses as specified herein are
subject to a As
per Declaration Page deductible per any one occurrence.
STORAGE IN THE ORDINARY COURSE OF TRANSIT
Cover shall be provided for storage in the ordinary course of transit up to 30 days, provided the Insured
has exercised
due diligence to ensure that any location shall be suitable taking into account the type, nature and value
of the cargo.
SPECIAL CONDITIONS
(a) The Insured shall cooperate with the Company in facilitating the investigation and disposition of
claims and suits
and, upon the Company’s request shall attend hearings and trials and shall assist in effecting
settlement, securing
and giving evidence, obtaining the attendance of witnesses, and in the conduct of suits. The Company
agrees to
reimburse the Insured for all reasonable expenses, other than the loss of earnings, incurred at the
Company’s
request. The Insured shall not, except at his own cost, voluntarily assume any liability nor incur any
expense, nor
settle any claim without the written consent of the Company previously given. The Company reserves the
right to
settle any claim, suit or other proceeding, as it may deem expedient.
(b) No action shall lie against the Company unless, as a condition precedent thereto, the Insured shall
have fully
complied with all the terms of this Policy, nor until the amount of the Insured’s obligation to pay
have been finally
determined either by judgment against the Insured after actual trial or by written agreement of the
Insured, the
claimant and the Company.
(1) Any person, organization or legal representative thereof, who has secured such judgment or
written
agreement, shall thereafter be entitled to recover under this Policy to the extent of the insurance
afforded
by the Policy.
(2) Nothing contained in this Policy shall give any person or organization any right to join the Company
as a codefendant
in any action against the Insured.
(3) Bankruptcy or insolvency of the Insured or of the Insured’s estate shall not relieve the Company
of any of its
obligations hereunder.
(c) Insurance afforded by this Policy shall be excess of any other insurance or bond available to the
Insured, which
would apply in the absence of this Policy.
(d) The Insured agrees that any authorized representative of this Company shall be permitted to inspect
any property
used in conjunction with the Insured’s business at all reasonable times during the life of this
Policy. Such
inspections shall not waive or in any manner affect any of the terms, conditions or limitations of this
Policy.
DEBRIS REMOVAL CLAUSE
This Policy is extended to reimburse the Insured, in addition to any other amount recoverable hereunder,
for extra
expense reasonably incurred for the removal and disposal of debris of subject matter insured, or part
thereof, damaged
or destroyed by the operation of and insured peril, but excluding absolutely:
a) Any expense incurred in consequence of or to prevent or mitigate pollution or contamination, or any
threat
thereof or liability thereof; and / or
b) The cost of removal of cargo from any vessel or craft.
In no case, shall we be liable under this clause for more than 10% of the proportionate value of the
damaged Subject
Matter Insured, subject to a maximum of $250,000 any one occurrence and in the annual aggregate.
9. SUBROGATION
If, in the event of loss or damage, the Insured shall acquire any right of action against any individual,
firm or corporation
for loss of, or damage to property covered hereunder, the Insured will if requested by the Company, or at
its option,
execute and deliver to the Company the customary form of loan receipt upon receiving any advance of funds
in respect
of the loss or damage; and will subrogate the Company to, or will hold in trust for the Company, all such
rights of action
to the extent of the amount paid or advance, and will permit suit to be brought in the Insured’s
name under the
direction of and at the expense of the Company.
This insurance shall not be invalidated should the Insured waive in writing, prior to loss, any or all
rights of recovery
against any party for loss occurring to the property with respect to which the Insured’s liability
is insured hereunder.
CONTINGENT PROVISIONS
As respects property in transit, the Company shall not be liable for loss under this Policy until all
reasonable efforts to
collect, from the carriers and/or bailee contracted by the Insured, have been exhausted or until the
carriers and/or
bailee have denied liability or claim inability to pay.
ASSIGNMENT
No assignment of interest under this Policy shall bind the Company unless its consent is endorsed hereon.
If the Insured
shall be adjudged bankrupt or insolvent during the Policy period and written notice thereof shall be given
the Company
within thirty (30) days thereafter, the insurance hereunder shall continue in favor of the legal
representatives of the
Insured while this Policy remains in force.
NOTICE OF LOSS
The Insured shall as soon as practicable report to this Company or its agent every loss or damage which
may become a
claim hereunder and shall also file with the Company a detailed sworn proof of loss. All adjusted claims
shall be due
and payable thirty (30) days after the presentation and acceptance of proofs of loss at this
Company’s address.
CONFLICT OF WORDING
The conditions contained in this form shall supersede those of the any policy to which this form might
attach wherever
the same may conflict.
GEOGRAPHICAL SCOPE
This Policy covers the legal liability of the Insured for loss or damage as defined in Clause 3(a) above
while in transit
anywhere within the United States of America, Puerto Rico and Canada or while in transit from points or
places in the
world to point or places in the world by air or ocean conveyance subject to the terms and conditions
specified
elsewhere in this Policy except to the extent coverage is prohibited by United States of America law or
United States of
America governmental decree and/or sanction.
FREIGHT CHARGES
To pay freight charges owed to the Insured which have become uncollectible as a direct result of a covered
loss. The
Insurer shall not be liable for more than $2,500 any one occurrence and no more than $10,000 in one policy
period.
EXCLUSIONS
Unless otherwise agreed and endorsed by the Insurer the following exclusions shall apply.
(a) Loss, damage, delay or other result caused by an act, omission or order of the shipper.
(b) Loss or damage caused by insects, moths, vermin and ordinary wear and tear.
(c) Physical loss or damage to the subject matter insured caused by willful misconduct of the Insured,
their
employees or sub-contractors.
(d) Loss or damage due to any defect or inherent vice of the article.
(e) Loss, damage or delay or other result caused by the perils of the War Risk Exclusion and Nuclear
Clauses
forming a part of this Policy.
(f) Loss, damage or delay caused by strikes, lockouts, labor disturbances, riots, civil commotions, or the
acts of
any person or persons taking part in any such occurrence or disorder.
(g) Loss, damage delay or other result caused by Acts of God.
(h) For breakage of china, glassware, bric-a-brac or similar articles of brittle or fragile nature unless
packed by
the carrier or unless such breakage results from negligence of the carrier.
(i) Documents, currency, money, jewelry, watches, precious stones, or articles of extraordinary value
which are
not specifically listed on the bill of lading.
(j) Loss or damage caused by or resulting from infidelity or dishonest act of the Insured or of the
Insured’s
employees as well as mysterious disappearances from locations owned or leased by the Insured.
(k) Loss Arising out of the ownership or operation by the Insured of vessels, motor vehicles or
aircrafts.
(l) Liability assumed under any contract or agreement, to hold harmless or indemnify others, unless
such
liability would have arisen irrelevant of such agreement.
(m) Fines, Penalties or punitive damage brought against the Insured. However, in cases where such
penalties are
part of a loss which would have been covered under Clause 3 above, defense shall be offered without
the
Company being liable for the payment of such Fines, Penalties or Punitive Damages.
Excluded Commodities
Includes but not limited to Antiques / Art / Collectibles / Bank Notes / Coins / Valuable Papers /
Exhibitions / Furs / Skins / Jewelry / Watches / Precious Stones / Metals / Live Animals / Live Plants /
Radioactive Material/ Restricted or Controlled Items / Nuclear / Project Cargo / Pharmaceuticals / Planes
/ Vehicles / Live Sciences Items (Cultures, Semen…)
PARAMOUNT WARRANTIES
The following Warranties shall be paramount and shall not be modified or superseded by any other
provisions included
herein or stamped or endorsed hereon unless such other provisions refer specifically to the risks excluded
by these
Warranties and expressly assumes the said risks:
A. F. C. & S. Warranty: Notwithstanding anything herein contained to the contrary, this insurance is
warranted free
from:
(1) capture, seizure, arrest, restraint, detainment, confiscation, preemption, requisition or
nationalization, and the
consequences thereof or any attempt thereat, whether in time of peace or war and whether lawful or
otherwise;
(2) all loss, damage or expense, whether in time of peace or war, caused by:
(a) any weapon of war employing atomic or nuclear fission and/or fusion or other reaction or radioactive
force
or matter or
(b) any mine or torpedo;
(3) all consequences of hostilities or warlike operations (whether there be a declaration of war or not),
but this
warranty shall not exclude collision or contact with aircraft, or with rockets or similar missiles (other
than
weapons of war) or with any fixed or floating object (other than a mine or torpedo), stranding, heavy
weather,
fire or explosion unless caused directly (and independently of the nature of the voyage or service which
the
vessel concerned or, in the case of a collision, any other vessel involved therein, is performing) by a
hostile act
by or against a belligerent power; and for the purposes of this warranty “power” includes any
authority
maintaining naval, military or air forces in association with a power;
(4) the consequences of civil war, revolution, rebellion, insurrection, or civil strife arising therefrom;
or from the
consequences of the imposition of martial law, military or usurped power; or piracy.
B. S.R.&C.C. (Strikes, Riots and Civil Commotions) Warranty: Warranted free from loss, damage or
expense caused by
or resulting from:
(1) strikes, lockouts, labor disturbances, riots, civil commotions, or the acts of any person or persons
taking part in
any such occurrences or disorders,
(2) vandalism, sabotage or malicious act, which shall be deemed also to encompass the act or acts of one
or more
persons, whether or not agents of a sovereign power, carried out for political, terroristic or
ideological
purposes and whether any loss, damage or expense resulting therefrom is accidental or intentional.
C. Nuclear Exclusion: This policy shall not apply to any loss, damage, liability or expense due to or
arising out of,
whether directly or indirectly, nuclear reaction, radiation, or radioactive contamination, regardless of
how it was
caused. However, subject to all provisions of this policy, if this policy insures against fire, then
direct physical
damage to the goods insured located within the United States, or any territory of the United States, or
Puerto Rico
by fire directly caused by the above excluded perils, is insured, provided that the nuclear reaction,
radiation, or
radioactive contamination was not caused, whether directly or indirectly, by any of the perils excluded by
the
F.C.&S. Warranty of this policy. Nothing in this policy shall be construed to cover any loss, damage,
liability or
expense caused by nuclear reaction, radiation or radioactive contamination arising directly or indirectly
from the
fire mentioned above.
D. Chemical, Biological, Bio-chemical and Electromagnetic Exclusion Clause:
In no case shall this insurance cover loss, damage, liability or expense directly or indirectly caused by
or contributed
to or arising from an actual or threatened act involving a chemical, biological, bio-chemical or
electromagnetic
weapon, device agent or material when used in an intentionally hostile manner.
E. Extended Radioactive Contamination Exclusion Clause:
In no case shall this insurance cover loss damage liability or expense directly or indirectly cause by or
contributed
to:
i. ionizing radiations from or contamination by radioactivity from any nuclear fuel from any nuclear waste
or from
the combustion of nuclear fuel;
ii. the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear
installation,
reactor or other nuclear assembly or nuclear component thereof;
iii. any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or
radioactive
force or matter;
iv. the radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive
matter. The
exclusion in this sub-clause does not extend to radioactive isotopes, other than nuclear fuel, when such
isotopes
are being prepared, carried, stored, or used for commercial, agricultural, scientific or other similar
peaceful
purposes.
HOWEVER,
if fire is an insured peril, and;
where the subject matter insured or, in the case of a reinsurance, the subject matter insured by the
original
insurance, is within the U.S.A., its islands, onshore territories or possessions, and;
a fire arises directly or indirectly from one or more of the causes detailed in Sub-Clauses i, ii and iv
of the
Extended Radioactive Contamination Exclusion Clause any physical loss or damage arising directly from that
fire
shall, subject to the provisions of this insurance, be covered, EXCLUDING however any loss damage
liability or
expense caused by nuclear reaction, nuclear radiation, or radioactive contamination arising directly or
indirectly
from that fire.
OTHER INSURANCE
In case the goods hereby insured are covered by other insurance (except as hereinafter provided) the loss
shall be
collected from the several policies in order of the date of their attachment, insurance attaching on the
same date to be
deemed simultaneous and to contribute pro rata; provided, however, that where any fire insurance, or other
insurance
(including fire) taken out by any carrier or bailee (other than the Insured) is available to the
beneficiary of this policy, or
would be so available if this insurance did not exist, then this insurance shall be void to the extent
that such other
insurance is or would be so available if this insurance did not exist, then this insurance shall be void
to the extent that
such other insurance is or would have been available. It is agreed, nevertheless, that where the Insurer
is thus relieved of
liabilities because of the existence of other insurance, the Insurer shall receive and retain the premium
payable under
this policy and, in consideration thereof, shall guarantee the solvency of the companies and/or
underwriters who issue
such other insurance and the prompt collection of the loss thereunder to the same extent (only) as the
Insurer shall have
been relieved of liability under the terms of this clause, but not exceeding, in any case, the amount
which would have
been collectible under this policy if such other insurance did not exist.
SUIT OR ACTION
No suit or action by the Insured on this policy shall be sustainable in any court of Law or Equity unless
the Insured shall
have complied in full with all the terms and conditions of this insurance, nor unless same shall be
commenced within
twelve (12) months next after the happening of the physical loss or damage, provided that where such
limitation of time
is prohibited by the laws of the State wherein this policy is issued, then no such suit or action shall be
sustainable unless
commenced within the shortest limitation of time permitted by the laws of such state.
CHOICE OF LAW
It is hereby agreed that any dispute arising hereunder shall be adjudicated according to substantive
United States
Federal Admiralty law and practice but where no such law and practice exists, this policy is subject to
the substantive
laws of the State of New York.
INSPECTION OF RECORDS
It is mutually agreed that the Insurer may examine and audit the books and records of the Insured as far
as they relate to
the subject matter of this insurance, at any time during the policy period and extensions thereof and
within twelve (12)
months after termination of this policy.
The following condition is included to the captioned Policy:
Whenever coverage provided by this policy would be in violation of any U.S. economic or trade sanctions
such as, but not
limited to, those sanctions administered and enforced by the U.S. Treasury Department's Office of Foreign
Assets Control
("OFAC"), such coverage shall be null and void. Inclusive of, but not limited to:
1. Any Insured, or any person or entity claiming the benefits of an Insured, who is or becomes a Specially
Designated
National or Blocked Person or who is otherwise subject to U.S. economic or trade sanctions;
2. Any claim or "suit" that is brought in a Sanctioned Country or by a Sanctioned Country
Government, where any
action in connection with such claim or suit is prohibited by U.S. economic or trade sanctions;
3. Any claim or "suit" that is brought by any Specially Designated National or Blocked Person or
any person or entity
who is otherwise subject to U.S. economic or trade sanctions;
4. Property that is located in a Sanctioned Country or that is owned by, rented to or in the care, custody
or control of
a Sanctioned Country Government, where any activities related to such property are prohibited by U.S.
economic
or trade sanctions; or
5. Property that is owned by, rented to or in the care, custody or control of a Specially Designated
National or Blocked
Person, or any person or entity who is otherwise subject to U.S. economic or trade sanctions.
Similarly, any coverage relating to or referred to in any certificates or other evidences of insurance or
any claim that would be
in violation of U.S. economic or trade sanctions as described above shall also be null and void.
As used in this endorsement a Specially Designated National or Blocked Person is any person or entity that
is on the list of
Specially Designated Nationals and Blocked Persons issued by the U.S. Treasury Department's Office of
Foreign Asset Control
(OFAC) as it may be from time to time amended.
As used in this endorsement a Sanctioned Country is any country that is the subject of trade or economic
embargoes imposed
by the laws or regulations of the United States of America.
Nuclear Exclusion
This policy shall not apply to any loss, damage, liability or expense due to or arising out of, whether
directly or indirectly,
nuclear reaction, radiation, or radioactive contamination, regardless of how it was caused. However,
subject to all
provisions of this policy, if this policy insures against fire, then direct physical damage to the goods
insured located within
the United States, or any territory of the United States, or Puerto Rico by fire directly caused by the
above excluded
perils, is insured, provided that the nuclear reaction, radiation, or radioactive contamination was not
caused, whether
directly or indirectly, by any of the perils excluded by the F.C.&S. Warranty of this policy. Nothing
in this policy shall be
construed to cover any loss, damage, liability or expense caused by nuclear reaction, radiation or
radioactive
contamination arising directly or indirectly from the fire mentioned above.
B. Chemical, Biological, Bio-chemical and Electromagnetic Cyber Exclusion Clause:
In no case shall this insurance cover loss, damage, liability or expense directly or indirectly caused by
or contributed to or
arising from an actual or threatened act involving a chemical, biological, bio-chemical or electromagnetic
weapon, device
agent or material when used in an intentionally hostile manner or indirectly caused by or contributed to
by or arising
from the use or operation, as a means for inflicting harm, of any computer, computer system, computer
software
programme, malicious code, computer virus or process or any other electronic system
C. Extended Radioactive Contamination Exclusion Clause:
In no case shall this insurance cover loss damage liability or expense directly or indirectly cause by or
contributed to:
1. Ionizing radiations from or containment by radioactivity from any nuclear fuel from any nuclear waste
or from the
combustion of nuclear fuel;
2. The radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear
installation,
reactor or other nuclear assembly or nuclear component thereof;
3. Any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or
radioactive force
or matter;
4. The radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive
matter. The
exclusion in this sub-clause does not extend to radioactive isotopes, other than nuclear fuel, when such
isotopes
are being prepared, carried, stored, or used for commercial, agricultural, scientific or other similar
peaceful
purposes.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
This clause shall be paramount and shall override anything in this insurance inconsistent therewith.
A. In no case shall this insurance cover any loss, damage, liability or expense directly or indirectly
caused by, contributed to or arising from:
1. the failure, error or malfunction of any computer, computer system, computer software programme, code,
or process or any other electronic system, or
2. the use or operation, as a means for inflicting harm, of any computer, computer system, computer
software programme, malicious code, computer virus or process or any other electronic system.
LONDON, OH 43140
ContactUs@mcshippers.com
.png)
