Marine Cargo Insurance by John Dunt

Author:John Dunt
Language: eng
Format: epub, pdf
Publisher: Routledge

The Transit Clause

10.28 The Transit Clause provides for attachment of the insurance as follows:

“This insurance

5.1.1. attaches only as the subject-matter insured and as to any part as that part is loaded on an oversea vessel… “

10.29 This provision, which regulates the attachment of the insurance, is relatively straightforward but three issues may be briefly considered. Firstly, if the subject-matter insured is separable into different parts the risk attaches to each part separately. For example, if the insurance covers a shipment described as “10 packages of tea” or “10 containers of machinery”, then the insurance attaches “as to any part as that part is loaded” so the insurance will attach to each package or container separately as it is loaded. Secondly, the words “loaded on” an oversea vessel suggest that the goods must be aboard the ship in contrast to the operation of “loading” in charterparty cases which covers the whole process from the time when the goods are attached to a winch, or, by analogy, are lifted by a container-loading crane from the quay122 Further, it is submitted that the rules for construction of the policy scheduled to the Marine Insurance Act 1906 are probably indicative of the construction, in which connection rule 4 provides:123

“Where goods or other moveables are insured ‘from the loading thereof, the risk does not attach until such goods or moveables are actually on board, and the insurer is not liable for them while in transit from the shore to the ship.”

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