Cargo Insurance under C&I (Cost and Insurance) Terms — Insurance Strategy for FOB Exporters and Differences from Incoterms® 2020
Cargo Insurance under C&I (Cost and Insurance) Terms — Insurance Strategy for FOB Exporters and Differences from Incoterms® 2020
C&I, commonly understood as Cost and Insurance, is a commercial arrangement under which the price of the goods includes cargo insurance while the main freight may remain for the buyer to arrange and pay. C&I is not, however, one of the eleven official Incoterms® 2020 rules issued by the International Chamber of Commerce.
It is therefore insufficient to describe C&I simply as “CIF without Freight.” Removing the freight component from CIF does not automatically preserve the standardized CIF rules concerning delivery, transfer of risk, carriage, insurance, and the other obligations allocated under Incoterms® 2020.
Nevertheless, C&I can have substantial practical value as an export risk-management structure. In particular, an FOB exporter may be able to retain the buyer's freight purchasing power and transport arrangements while bringing cargo insurance back under the seller's own control.
Changing from FOB to CIF transfers not only insurance procurement but also the arrangement and cost of the main carriage to the seller. Where a large overseas buyer has highly competitive annual freight contracts with shipping lines or global freight forwarders, a Japanese seller may not be able to obtain equivalent freight rates. The resulting freight difference may directly reduce the competitiveness of the seller's CIF price.
Under a properly defined C&I arrangement, the main carriage can remain buyer-arranged while the seller procures cargo insurance. For many ordinary cargo risks, actual insurance cost may represent less than one percent of the FOB value, although no universal rate or ceiling applies. This can make an insurance-only change significantly easier to negotiate than transferring the entire freight arrangement to the seller.
The real value of C&I is therefore not merely a pricing formula. It can operate as a practical insurance strategy through which an exporter controls its insurer, insurance transit, scope of cover, claims response, and recovery process.
Scope of This Article
| Item | Matters Covered in This Article | Other Articles or Matters Requiring Individual Review |
|---|---|---|
| Status of C&I | How C&I may be used in practice even though it is not an official Incoterms® 2020 rule. | The eleven official Incoterms® rules are addressed in their respective articles. |
| Changing from FOB to C&I | The practical benefit of leaving freight with the buyer while shifting insurance procurement to the seller. | Any change to the sales contract requires agreement between seller and buyer. |
| Difference from CIF | The economic difference between CIF, under which the seller also arranges main carriage, and C&I. | Official CIF obligations are determined by Incoterms® 2020. |
| Exporter-Controlled Insurance | How the seller may arrange continuous cargo insurance from the place of origin through the agreed destination. | Actual underwriting terms require confirmation with the insurer or handling insurance agent. |
| Relationship with Export FOB Insurance | How properly structured marine cargo insurance under C&I may eliminate the need for separate export FOB insurance. | Existing insurance contracts must be reviewed before cancellation or consolidation. |
| Earthquake and Catastrophe Risk | Lessons from the Great Hanshin-Awaji Earthquake concerning pre-shipment export cargo risk. | Current earthquake coverage depends on the actual insurance wording. |
| Premium and Sales Price | Comparison between the freight burden of converting to CIF and the smaller insurance-cost burden that may apply under C&I. | Actual premiums vary by cargo, route, cover, loss record, and other underwriting factors. |
| Transfer of Risk | How transfer of risk must be separately defined because C&I has no standardized risk-transfer rule. | Legal advice may be required where governing law or contractual interpretation is disputed. |
| Insurance Claims | Structuring the insurance so that parties with the relevant insurable interest can use the cover after risk transfers. | Detailed cargo claim procedures are covered in the marine cargo insurance articles. |
| Documentary Credits | Relationship between C&I and Insurance Policy or Insurance Certificate requirements under an L/C. | The individual documentary credit must be reviewed. |
The Practical Purpose of C&I Is to Move Insurance, Not Freight, Back to the Seller
Changing an FOB export to CIF gives the seller control of cargo insurance. It also transfers the responsibility for arranging and paying the main carriage to the seller.
This is often the principal commercial obstacle.
Sea freight and air freight can depend materially on annual volume, route concentration, carrier contracts, global tenders, space commitments, seasonal conditions, and surcharges.
An overseas buyer sourcing cargo globally may have freight terms that a single Japanese exporter cannot reproduce.
If the seller replaces the buyer's freight contract with a materially higher seller-arranged freight rate, the resulting CIF price may become less competitive even though the product price itself has not changed.
C&I allows these issues to be separated.
| Item | FOB | Properly Defined C&I | CIF | Meaning for the Exporter |
|---|---|---|---|---|
| Goods Price | Seller | Seller | Seller | The underlying product pricing remains comparable. |
| Main Carriage Arrangement | Buyer side | Can remain with buyer | Seller | C&I can preserve the buyer's logistics network. |
| Main Freight | Buyer side | Buyer side or Freight Collect | Paid by seller and reflected in sales price | C&I does not require the seller to match the buyer's freight purchasing power. |
| Cargo Insurance | No Incoterms obligation on seller | Seller by specific agreement | Seller obligation | C&I brings insurance control back to the exporter. |
| Price Impact of Insurance | Normally excluded | Insurance cost added | Insurance and freight added | The commercial price adjustment under C&I may be much smaller. |
| Choice of Insurer | Often dependent on buyer-side insurance after risk transfer | Seller selects insurer | Seller selects insurer | Seller can control claim-response quality. |
| Seller's Pre-Shipment Risk | Requires separate seller-side protection | May be incorporated into one marine cargo policy | May be incorporated into seller's cargo insurance | This is a major risk-management benefit of C&I. |
Freight Is Often the Main Barrier to Converting FOB to CIF
From an insurance perspective, CIF or CIP may appear attractive because the seller controls cargo insurance. In commercial negotiations, however, the transfer of freight procurement can prevent the change.
A buyer moving thousands of containers globally may have materially better carrier terms than a seller moving only a limited number of containers on the same route.
If the seller must substitute its own higher freight rate into the CIF price, the buyer may reasonably regard the change as an increase in total procurement cost.
C&I permits the seller to propose a narrower change:
- The buyer may retain its existing shipping line or forwarder.
- The buyer's freight contract can remain in place.
- The existing Freight Collect structure may remain substantially unchanged.
- Only the party arranging cargo insurance changes.
- The seller adds the insurance cost to the sales price.
- The seller controls cargo-insurance placement and incident response.
C&I can therefore be easier to implement than a full FOB-to-CIF conversion because only the insurance function is moved back to the seller.
Insurance Cost Is Often a Smaller Commercial Barrier than Freight
Marine cargo insurance does not have a universal premium rate. Pricing depends on cargo type, packing, route, destination, mode of transport, insurance conditions, insured value, annual volume, previous losses, and other underwriting factors.
It would therefore be incorrect to state that C&I insurance must always cost less than one percent of FOB value.
In practical insurance programmes for ordinary cargo, however, insurance cost may often represent less than one percent of the FOB value. Where that is the case, changing only the insurance arrangement can be significantly easier to negotiate than transferring the entire main freight to the seller.
Illustrative Effect of Insurance Cost on the C&I Price
The following figures are illustrations only and are not market quotations.
| FOB Value | Assumed Insured Value | Illustrative Premium Rate | Premium | Premium as Percentage of FOB Value |
|---|---|---|---|---|
| JPY 50,000,000 | JPY 55,000,000 | 0.10% | JPY 55,000 | 0.11% |
| JPY 50,000,000 | JPY 55,000,000 | 0.20% | JPY 110,000 | 0.22% |
| JPY 50,000,000 | JPY 55,000,000 | 0.50% | JPY 275,000 | 0.55% |
| JPY 50,000,000 | JPY 55,000,000 | 0.80% | JPY 440,000 | 0.88% |
The example assumes insurance for 110% of the goods value. C&I itself contains no standardized 110% rule. The insured amount must be agreed in the sales and insurance arrangements.
The relevant management question is not simply whether insurance costs money. It is how much the actual insurance premium changes the sales price compared with the potential cost of changing the entire freight arrangement.
The Major Advantage of C&I: The Exporter Controls Its Own Cargo Insurance
Under FOB, the seller generally bears cargo risk until the agreed on-board delivery point while insurance for the subsequent international transit is commonly controlled by the buyer.
This can leave the exporter dependent on insurance selected by another party for a product that the exporter itself understands best.
A seller arranging insurance under C&I can control:
| Control Area | Where Insurance Is Controlled by Buyer | Where Seller Arranges C&I Insurance | Practical Significance |
|---|---|---|---|
| Insurer | Selected by buyer | Selected by seller | Claims service can be assessed in advance. |
| Coverage | May not be visible to seller | Designed by seller | Cover can reflect the cargo characteristics. |
| Insured Amount | Buyer decision | Seller arranges as agreed | Reduces risk of inadequate insurance. |
| Attachment | Depends on buyer's policy | Can begin at seller warehouse | Pre-shipment risk can be insured continuously. |
| Termination | Depends on buyer's programme | Can extend to agreed buyer destination | Warehouse-to-Warehouse protection can be designed. |
| Incident Notification | May require buyer involvement | Seller can contact its insurer directly | Initial response can be faster. |
| Survey | Buyer or foreign insurer may control | Seller coordinates through its insurer | Evidence preservation is easier to manage. |
| Claim Management | Dependent on overseas process | Can be monitored from seller side | Seller can monitor recovery progress. |
| Subrogation | Buyer insurer controls recovery | Seller's insurer can coordinate recovery | Carrier evidence can be secured promptly. |
Seller-Arranged Insurance Does Not Mean Seller Bears Risk for the Entire Transit
This distinction is fundamental.
The fact that the seller arranges insurance through to destination does not mean that the seller must retain contractual risk through to destination.
Under CIF, for example, the seller pays freight and insurance to destination while risk transfers to the buyer when the goods are placed on board at the port of shipment.
The transfer-of-risk point and the termination of cargo insurance do not have to be identical.
A seller may arrange insurance that protects the buyer or another party with the relevant insurable interest after contractual risk has transferred.
Because C&I has no standardized rule, however, the sales contract and insurance documentation must clearly establish whose interest is protected during each part of the transit.
A Properly Structured C&I Programme Can Remove the Need for Separate Export FOB Insurance
For an FOB exporter, the period from the seller's warehouse to loading on board remains particularly important.
If cargo is lost or damaged before the FOB transfer-of-risk point, the seller may suffer the economic loss.
Historically, this pre-shipment segment has often been protected through separate export FOB insurance or other domestic transit insurance.
If, however, the seller arranges marine cargo insurance under a C&I structure beginning at the seller's warehouse or factory and continuing through to the agreed buyer destination, the domestic pre-shipment movement and international movement may be protected under a single cargo insurance programme.
Where the resulting marine cargo insurance fully and appropriately covers the pre-shipment seller-risk segment, a separate export FOB insurance policy may no longer be necessary.
C&I wording on an invoice does not itself create this result. The actual insurance must be reviewed for:
- Attachment at the appropriate seller warehouse or factory.
- Coverage of domestic pickup transport.
- Necessary pre-shipment CFS, CY, or terminal exposure.
- Main ocean, air, or other international carriage.
- Transshipment and other expected movements.
- Continuation to the agreed buyer destination.
- The required earthquake and other catastrophe cover.
- Insurance that remains usable by the party with the relevant insurable interest after risk transfers.
The Great Hanshin-Awaji Earthquake and Pre-Shipment Export Risk
The Great Hanshin-Awaji Earthquake of 17 January 1995 provides an important historical example of the significance of pre-shipment insurance.
Insurance research concerning the Great Hanshin-Awaji Earthquake has pointed out differences in the treatment of earthquake losses between export FOB insurance and marine cargo insurance written on All Risks conditions.
Research concerning the event reported that some FOB and C&F exporters had export FOB insurance covering the period from their warehouse or factory to loading on the export vessel.
The export FOB insurance concerned excluded earthquake losses, and exporters that had not arranged the relevant earthquake extension were unable to recover earthquake cargo damage under that cover.
By contrast, research has reported that exporters selling under CIF and carrying appropriate All Risks marine cargo insurance were able to recover earthquake losses affecting cargo during the inland portion of the insured transit.
The lesson is not that the letters “CIF” automatically guarantee earthquake recovery.
The critical issue was that appropriate seller-arranged marine cargo insurance covering the relevant pre-shipment inland segment and earthquake peril was already in force before the catastrophe occurred.
CIF naturally facilitates seller control of such insurance.
Where converting to CIF is commercially difficult because of freight, C&I can seek the same insurance-control benefit while leaving main freight with the buyer.
Applying the Hanshin-Awaji Lesson to a Modern C&I Programme
| Issue | Potential FOB Problem | C&I Response | Matter to Confirm |
|---|---|---|---|
| Seller Warehouse to Port | Seller risk may not be adequately protected by buyer insurance | Seller marine insurance begins at origin | Insurance attachment |
| Waiting at CY or CFS | Catastrophic loss before loading on board | Continuous marine cargo insurance | Transit and storage conditions |
| Earthquake | Domestic insurance may not provide the required cover | Select cargo insurance that actually covers earthquake | Applicable clauses and exclusions |
| After Loading | Risk transfers to buyer but seller insurance may otherwise end | Seller-arranged insurance continues for buyer's interest | Insured interest and insurance documentation |
| Claim Administration | Domestic and international segments may have separate insurers | Possible single-policy management | Open Policy and declaration process |
| Recovery | Multiple insurers may be involved | One insurer can review the overall transit | Subrogation evidence |
C&I as Exporter Catastrophe Risk Management
Earthquake, tsunami, storm surge, typhoon, warehouse fire, and terminal accidents can occur regardless of whether the buyer or seller books the vessel.
Whether the exporter can recover the financial loss depends heavily on the insurance structure established before the event.
An FOB exporter does not necessarily have to divide protection mechanically between separate pre-shipment insurance and buyer-controlled post-shipment insurance.
If the parties agree that the seller will procure continuous marine cargo insurance from origin, the exporter can retain insurance control even though freight remains buyer-arranged.
C&I can therefore be considered not only as a commercial pricing arrangement but also as a component of corporate business continuity and cargo-risk management.
FOB, C&I, and CIF as Three Different Levels of Control
| Structure | Main Carriage | Insurance | Seller's Additional Logistics Burden | Implementation Difficulty | Main Objective |
|---|---|---|---|---|---|
| FOB | Buyer | May be split between seller pre-shipment cover and buyer insurance | Low | Existing arrangement | Maximize buyer freight purchasing power |
| C&I | Buyer | Seller controls marine cargo insurance from origin | Mainly insurance administration | Often comparatively low | Retain buyer freight while moving insurance risk management to seller |
| CIF | Seller | Seller | Seller manages both main carriage and insurance | May be higher | Seller controls freight and insurance |
Viewed this way, C&I is not merely a price located between FOB and CIF.
It is a deliberate allocation under which freight procurement remains with the buyer while insurance risk financing is moved to the seller.
Exporters for Which C&I May Be Particularly Relevant
| Exporter Situation | Reason to Consider C&I | Priority Review | Practical Caution |
|---|---|---|---|
| High proportion of FOB exports | Seller can control pre-shipment risk insurance | Domestic transport and CY/CFS exposure | Contractual risk transfer must be defined. |
| High-value machinery or precision equipment | Large severity per shipment | ICC(A), packing, survey requirements | Coverage must reflect cargo characteristics. |
| Use of earthquake-exposed port areas | Catastrophe exposure before shipment can be insured by seller | Whether earthquake is actually covered | Never infer cover from the policy name alone. |
| Buyer has highly competitive freight | CIF would reduce seller price competitiveness | Ability to retain buyer freight | C&I must be contractually defined. |
| Seller cannot verify buyer's insurance | Seller can control insurance quality for its products | Potential duplicate insurance | Coordinate with buyer. |
| Regular annual export volume | Open Policy can standardize insurance administration | Declaration completeness | Connect insurance with shipment data. |
| Concern about overseas claim handling | Seller can use its domestic insurer or insurance agent | International survey network | Local claim procedures must still be followed. |
Situations Where C&I May Not Be the Best Contractual Form
C&I is not a universal solution.
An official Incoterms® rule combined with a separate insurance clause may be clearer where:
- The buyer does not accept a non-standard C&I term.
- An L/C or ERP system accepts only recognized Incoterms® rules.
- The parties want maximum certainty concerning transfer of risk.
- FOB itself is unsuitable for the relevant containerized movement.
- The buyer already has comprehensive cargo insurance and duplicate coverage would complicate administration.
- Insurance regulation in the relevant country requires specific review.
For example, the parties may use FCA as the official Incoterms® rule and separately agree that the seller will procure cargo insurance for the agreed transit.
This can produce substantially the same economic allocation — buyer freight and seller insurance — while relying on an official Incoterms® rule for delivery and risk transfer.
For Container Exports, Contract Structure Is More Important than the C&I Label
Container cargo is commonly delivered to a CY or CFS before loading on board the vessel. The physical handover may therefore occur significantly before the FOB on-board risk-transfer point.
Where C&I is used for containerized exports, the parties should not merely describe it as CIF without freight. The point of transfer of risk should be expressly identified.
Where standardization is more important, FCA plus a seller-arranged insurance clause should also be considered.
Basic C&I Pricing Concept
As a commercial concept:
C&I Price = Underlying Goods Price + Agreed Seller-Arranged Cargo Insurance Cost
If the main freight remains buyer-arranged, that freight is excluded from the C&I price.
This is a commercial pricing explanation, not an official Incoterms® formula.
Do Not Automatically Copy the CIF Minimum Insurance Standard
Incoterms® 2020 CIF generally requires cover corresponding to Institute Cargo Clauses (C) or similar minimum coverage.
C&I has no equivalent standardized rule.
Accordingly, an exporter using C&I as a deliberate risk-management strategy should select the insurance condition appropriate to the cargo rather than assuming that CIF minimum cover is sufficient.
Insurance Design Checklist for C&I
| Item | Matter to Confirm | Risk if Inadequate | Practical Response |
|---|---|---|---|
| Origin | Where insurance attaches | Uninsured domestic pickup | Identify the actual shipping origin. |
| Destination | Port, airport, or buyer warehouse | Cover terminates too early | Align with the agreed transit. |
| Cargo Clauses | ICC(A), ICC(B), ICC(C), or other wording | Expected loss is not covered | Select according to cargo risk. |
| Earthquake | Whether earthquake is actually covered | Catastrophe loss remains uninsured | Review the actual policy clauses. |
| War and Strikes | Additional risks required | Gaps may remain under ordinary cargo clauses | Review necessary extensions. |
| Insured Value | Percentage of invoice value or other agreed basis | Insufficient recovery | Specify contractually. |
| Currency | USD, JPY, or other currency | Mismatch with sale proceeds | Reconcile with invoice. |
| Open Policy | Annual declaration arrangement | Individual shipment omitted | Consider open cover for regular exports. |
| Booking Information | How buyer provides transport data | Seller cannot declare insurance correctly | Create a notification obligation. |
| Route Changes | Transshipment or destination amendment | Mismatch with insured transit | Create a prompt-change notification process. |
| Insurance Certificate | Whether buyer can use the insurance after risk transfer | Claim administration problem | Review insurance-document structure. |
Buyer Freight Control Requires Transport Information Sharing
C&I divides two functions: the buyer controls the main carriage while the seller controls insurance.
The buyer should therefore provide the seller with sufficient information concerning the shipping line or airline, booking, vessel or flight, origin, destination, intended departure, transshipment, and material route changes.
The assumption that the seller does not need routing information because freight is buyer-paid is incompatible with seller-arranged cargo insurance.
Open Policy Can Make C&I Operationally Efficient
Regular exporters may be able to use an Open Policy or similar annual cargo insurance arrangement rather than placing insurance shipment by shipment.
Where C&I becomes part of the exporter's standard sales policy, shipment data should be connected to the insurance declaration process so that insurance does not depend on individual sales personnel remembering to arrange cover.
The key operational principle is that insurance placement should not depend solely on case-by-case human judgment where a standardized C&I programme has been adopted.
Define Transfer of Risk Separately in the C&I Contract
A contract should avoid relying only on wording such as:
C&I Singapore
That wording does not identify whether Singapore is the insurance destination, pricing point, or risk-transfer point.
The parties can use C&I as a commercial pricing expression while separately specifying an official Incoterms® rule or another clear risk-transfer provision.
Issues to State in a C&I Contract
| Contract Issue | Matter to State | Purpose |
|---|---|---|
| Price | Goods price plus seller-arranged insurance | Define the C&I price. |
| Main Carriage | Arranged and paid by buyer | Distinguish the contract from CIF. |
| Risk Transfer | FOB, FCA, or other expressly agreed point | Remove the principal ambiguity of C&I. |
| Insurance | Arranged by seller | Identify the insurance-arranging party. |
| Insurance Transit | Seller warehouse to buyer warehouse or other agreed points | Protect the pre-shipment segment. |
| Insurance Conditions | ICC(A) or other agreed wording | Define coverage level. |
| Insured Amount | 110% of invoice value or other agreed basis | Define insured value. |
| Booking Data | Buyer provides data to seller | Enable insurance declaration. |
| Insurance Documents | Seller provides appropriate document to buyer | Enable claims after risk transfer. |
For Container Exports, FCA plus Seller-Arranged Insurance May Be an Alternative
If the purpose of C&I is to retain buyer freight while moving only insurance to the seller, the C&I label itself is not essential.
The parties may, for example, use FCA under Incoterms® 2020 for delivery and risk transfer and separately require the seller to procure cargo insurance through to the agreed buyer destination.
This can preserve the economic benefit of C&I while relying on an official Incoterms® rule for the transfer of risk.
Comparison of FOB, FOB plus Separate Export Insurance, C&I, CIF, and CIP
| Structure | Main Carriage | Seller-Side Insurance | Pre-Shipment Insurance | Freight Competitiveness | Insurance Management | Main Caution |
|---|---|---|---|---|---|---|
| FOB Only | Buyer | Requires separate review | May be insufficient | Uses buyer freight | Potentially fragmented | Review seller-risk insurance. |
| FOB plus Export FOB Insurance | Buyer | Separate pre-shipment cover | Yes | Uses buyer freight | Domestic and international cover split | Review earthquake and other exclusions. |
| C&I | Can remain buyer-arranged | Seller marine cargo insurance | Can be incorporated into same policy | Can retain buyer freight | Can be centralized with seller | Non-standard term requires clear drafting. |
| CIF | Seller | Seller | Can be covered by appropriate insurance design | Depends on seller freight purchasing power | Seller controlled | Official rule for sea and inland waterway transport. |
| CIP | Seller | Seller | Can be covered by appropriate insurance design | Depends on seller freight purchasing power | Seller controlled | Well suited to multimodal and container movements. |
Practical Decision Process for Introducing C&I
- Identify annual FOB export value and number of shipments.
- Identify the seller-risk segment before loading.
- Determine which insurance currently covers that segment.
- Review earthquake, tsunami, and other catastrophe coverage under current pre-shipment insurance.
- Identify segments where the seller currently depends on buyer-controlled insurance.
- Obtain a quotation for seller-arranged Warehouse-to-Warehouse marine cargo insurance.
- Calculate the annual insurance cost as a percentage of annual FOB sales.
- Separately calculate the freight effect of converting to CIF.
- Compare the commercial effect of CIF conversion with C&I conversion.
- Propose to the buyer that freight remain unchanged while only insurance moves to the seller.
- Document risk transfer, insurance transit, coverage, and insured amount.
- Connect the export shipment process with the Open Policy declaration process.
Management Should Compare Premium with Maximum Possible Loss
The relevant management comparison is not only the annual insurance premium.
The exporter should compare that premium with the maximum loss that could arise from a single shipment or catastrophe.
Even where an annual insurance programme costs a meaningful amount, the economic analysis changes if a single CY, CFS, or domestic-transit catastrophe could expose the company to tens or hundreds of millions of yen in uninsured cargo loss.
The historical lesson from the Great Hanshin-Awaji Earthquake is that a low-frequency risk may still generate a highly concentrated pre-shipment loss.
Common Misunderstandings
| Misunderstanding | Actual Practice | Practical Caution |
|---|---|---|
| C&I is an official Incoterms® rule. | It is not one of the eleven official Incoterms® 2020 rules. | Define the contractual allocation expressly. |
| C&I is simply CIF with freight deleted. | The CIF risk-transfer and other rules do not automatically remain. | Define risk transfer separately. |
| The only way to move insurance to the seller is to change FOB to CIF. | Freight may remain with the buyer while insurance is arranged by the seller. | Consider C&I or an official rule plus a separate insurance clause. |
| If CIF is safer, every FOB sale should simply be changed to CIF. | Seller-arranged freight may be less competitive than buyer freight. | Include freight purchasing power in the decision. |
| C&I is difficult because insurance is expensive. | Insurance cost may represent a comparatively small percentage of ordinary cargo value. | Calculate the actual annual premium effect. |
| C&I insurance must always cost less than 1% of FOB value. | Rates depend on cargo, route, cover, loss history, and other factors. | Do not treat 1% as a guaranteed ceiling. |
| Using C&I automatically eliminates export FOB insurance. | The marine policy must first cover the pre-shipment segment appropriately. | Eliminate gaps before removing duplicate insurance. |
| If the seller arranges insurance, the seller bears risk to destination. | Insurance transit and contractual risk transfer are separate concepts. | Review sales and insurance contracts separately. |
| CIF exporters recovered after the Hanshin earthquake simply because the sale was CIF. | The decisive issue was appropriate marine cargo insurance including the relevant inland earthquake loss. | Review actual coverage, not only the trade term. |
| If the buyer has cheap freight, the seller cannot improve its insurance position. | The buyer may retain freight while the seller takes control of insurance. | This is a central practical use of C&I. |
| Buyer insurance always protects the seller before FOB delivery. | The seller must confirm its own economic interest and actual policy coverage before risk transfer. | Do not assume buyer insurance protects seller risk. |
| Carrier recovery can replace cargo insurance. | Carrier liability may involve exclusions, limitations, and evidential requirements. | Cargo insurance and carrier liability serve different functions. |
Cases That Frequently Cause Practical Problems
| Case | Main Issue | C&I Approach | Evidence or Data to Review | Response |
|---|---|---|---|---|
| Buyer has very competitive ocean freight | CIF conversion increases seller price | Leave freight with buyer and move only insurance | FOB price, freight comparison, insurance quotation | Present the C&I price effect. |
| High-value machinery sold FOB | Large seller exposure before shipment | Start seller marine insurance from warehouse | Cargo value, transit, insurance conditions | Review overlap with separate FOB insurance. |
| Earthquake occurs while cargo waits at CY | Risk may still be on seller before loading | Use marine insurance that includes the required earthquake cover | Policy and Gate-in Record | Notify insurer and confirm insured transit. |
| Seller does not know buyer's insurance conditions | Required product cover may be unknown | Seller determines cargo cover | Sales contract and policies | Coordinate to avoid unnecessary duplicate insurance. |
| Buyer changes shipping line | Seller insurance declaration no longer matches actual transport | Require buyer change notification | Booking amendment and insurance declaration | Notify insurer promptly. |
| L/C uses C&I wording | Insurance-document obligations unclear | Review specific Insurance Certificate requirements | L/C and certificate | Reconcile before shipment. |
| Seller already has Open Policy | FOB cargo is managed separately | Bring C&I shipments into the marine programme | Open Policy and export data | Standardize declarations. |
| Buyer continues its own insurance | Potential duplicate insurance | Define whose interest and transit each policy protects | Both policies | Coordinate during contractual conversion. |
Decision Checklist
| Review Stage | Party to Contact | Matter to Confirm | Action if a Problem Is Identified |
|---|---|---|---|
| Current FOB Analysis | Sales, logistics, accounting | Annual FOB sales, shipment count, maximum shipment value | Quantify maximum cargo exposure. |
| Pre-Shipment Insurance | Insurer, handling insurance agent | Current export FOB or domestic transit coverage | Identify uninsured segments. |
| Earthquake Review | Insurer, handling insurance agent | Earthquake, eruption, and tsunami treatment | Consider appropriate additional cover. |
| CIF Costing | Forwarder, shipping line, sales | Freight obtainable by seller | Compare with buyer freight. |
| C&I Costing | Insurer, handling insurance agent | Annual premium and premium rate | Calculate percentage impact on FOB sales. |
| Buyer Negotiation | Buyer | Whether freight can remain unchanged while insurance changes | Propose C&I or a separate insurance clause. |
| Risk Transfer | Seller and buyer | FOB, FCA, or another agreed transfer point | Record expressly in contract. |
| Insurance Transit | Insurer, handling insurance agent | Seller warehouse through agreed destination | Eliminate uninsured gaps. |
| Coverage | Seller, insurer, handling insurance agent | ICC(A)/(B)/(C) and additional risks | Match cover with cargo characteristics. |
| Open Policy | Insurer, handling insurance agent | Declaration method and covered exports | Create controls against omitted declarations. |
| Booking Data | Buyer, prime freight forwarder | Vessel, route, destination, and changes | Set a deadline for information provision. |
| Insurance Certificate | Seller, buyer, insurer | Whether buyer can use the document after risk transfer | Correct insured-interest or documentation structure. |
| L/C | Banking parties, seller, buyer | Insurance document requirements | Resolve documentary discrepancies in advance. |
| Loss or Damage | Insurer, handling insurance agent, relevant carriers | Incident point, risk transfer, and insurance transit | Notify without waiting for final liability determination. |
When to Consult an Insurance Agent, Maritime Lawyer, or Other Specialist
| Situation | Main Party to Consult | Matter to Confirm | Why Prompt Consultation Matters |
|---|---|---|---|
| Considering conversion from FOB to C&I | Insurer or handling insurance agent | Annual cargo value, maximum shipment, conditions, and premium | The actual cost should be known before buyer negotiations. |
| Consolidating separate export FOB insurance | Insurer or handling insurance agent | Marine insurance attachment, overlap, and gaps | Cancellation must not create an uninsured segment. |
| Designing earthquake and tsunami protection | Insurer or handling insurance agent | Applicable clauses, exclusions, and extensions | Coverage cannot be determined from the policy label alone. |
| Drafting the C&I risk-transfer provision | Where necessary, maritime or international-trade lawyer | Sales contract, governing law, and delivery point | C&I provides no standardized rule. |
| Combining FOB or FCA with a separate insurance clause | Insurer, handling insurance agent, and where necessary lawyer | Risk transfer and insurable interest | Sales and insurance contracts must remain consistent. |
| Major pre-shipment loss | Insurer or handling insurance agent | Attachment, cause, survey, and recovery | Physical evidence may disappear quickly. |
| Seller and buyer dispute entitlement to insurance proceeds | Insurer and where necessary maritime lawyer | Risk transfer, insurable interest, Policy, and Certificate | The C&I contract design itself may become the disputed issue. |
Example 1: Buyer Has Cheaper Freight and CIF Conversion Is Commercially Unacceptable
A Japanese manufacturer exports approximately 100 containers per year on FOB terms. The overseas buyer imports several thousand containers globally and has highly competitive annual ocean freight terms with a global forwarder.
The manufacturer considers changing to CIF to improve pre-shipment insurance control, but the freight available to the seller would increase the buyer's total procurement cost. The buyer therefore rejects the CIF proposal.
The choice does not have to remain between FOB and CIF.
The parties can consider retaining buyer-arranged freight while the seller procures Warehouse-to-Warehouse marine cargo insurance under a C&I-type arrangement.
The buyer retains its freight purchasing advantage, while the seller obtains control over cargo insurance including the pre-shipment segment.
Example 2: Insurance Cost on JPY 50 Million of Machinery
Assume machinery with an FOB value of JPY 50 million, an agreed insured amount of JPY 55 million, and an illustrative premium rate of 0.20%.
The resulting premium is JPY 110,000, equivalent to approximately 0.22% of the FOB value.
If replacing the buyer's annual ocean freight contract with seller-arranged freight would create a substantially larger cost difference, an insurance-only conversion may be commercially easier than CIF conversion.
The rate is illustrative only. The important point is to calculate the actual insurance-cost percentage before concluding that C&I would be too expensive.
Example 3: Applying the Hanshin-Awaji Earthquake Lesson to a Current Export
High-value export cargo leaves the seller's factory and is delivered to a Kobe-area CY. Before the container is loaded on board, a major earthquake damages the container and cargo.
Under an FOB structure, the risk may still remain with the seller before on-board delivery.
If the seller has only pre-shipment insurance that does not cover the earthquake peril, a substantial uninsured loss may result.
If the seller has arranged appropriate marine cargo insurance under C&I from the seller warehouse through the buyer destination, including the required earthquake cover, the insurance structure avoids the fundamental break between domestic pre-shipment risk and international cargo insurance.
The relevant protection comes from the insurance contract already being in force, not merely from the C&I label.
Example 4: Consolidating Separate Export FOB Insurance after C&I Conversion
A manufacturer previously insured its FOB exports using separate pre-shipment export FOB insurance from its warehouse to vessel loading, while the buyer controlled insurance after loading.
The parties change to a C&I structure and the seller's Open Policy now covers the cargo continuously from the seller warehouse to the buyer warehouse.
The seller should then review whether the separate export FOB insurance still serves any necessary purpose.
If the marine cargo policy properly attaches at the seller warehouse and provides the required pre-shipment cover, the two insurance arrangements may be consolidated.
The objective is not merely to reduce the number of policies. It is to remove both insurance gaps and unnecessary overlap.
Example 5: Buyer Changes the Vessel without Informing the Seller
The buyer arranges ocean freight and provides the initial booking information to the seller, which declares the shipment under its C&I marine cargo insurance.
The buyer subsequently changes shipping line but does not inform the seller.
This illustrates a structural weakness of C&I: freight information and insurance responsibility are held by different parties.
The contract should therefore require the buyer to provide routing information and notify material booking or destination changes promptly.
Example 6: Using FCA plus a Seller Insurance Clause Instead of the C&I Label
A buyer refuses to accept C&I because its ERP system accepts only recognized Incoterms® rules.
The parties therefore agree FCA under Incoterms® 2020 and add a separate clause requiring the seller to procure agreed cargo insurance from the seller warehouse to the buyer warehouse.
The main freight remains buyer-arranged.
The arrangement achieves substantially the same commercial objective — buyer freight and seller insurance — while using an official Incoterms® rule to establish delivery and transfer of risk.
The purpose of the strategy is not to preserve the C&I abbreviation. It is to allow the exporter to control its own cargo insurance without unnecessarily taking over the buyer's freight procurement.
Summary
C&I is not one of the official Incoterms® 2020 rules, but it has long existed in actual trade and cargo-insurance practice and can have substantial value for FOB exporters.
Changing from FOB to CIF gives the seller control of cargo insurance, but it also transfers the main freight arrangement to the seller. Where the buyer has superior freight purchasing power, that freight difference may make CIF conversion commercially unattractive.
C&I allows the buyer's freight arrangement to remain in place while only insurance is brought back under seller control.
Insurance rates vary materially, but for ordinary cargo the insurance cost may in many cases represent less than one percent of FOB value. Where this is the case, the commercial barrier to C&I conversion can be far smaller than the barrier to transferring the entire freight arrangement under CIF.
The principal value of C&I, however, is not simply that insurance can be relatively inexpensive.
Its principal value is that the exporter can select and control the insurance protecting its cargo, begin that insurance at its own warehouse, protect the pre-shipment domestic and terminal segment, and manage claims through its own insurer or insurance agent.
Insurance research concerning the Great Hanshin-Awaji Earthquake has identified an important difference between export FOB insurance that did not cover earthquake losses and appropriate All Risks marine cargo insurance covering the inland pre-shipment transit. The lesson is not that CIF or C&I automatically guarantees recovery, but that the required cargo insurance must already cover the relevant location, period, and peril when the loss occurs.
Cargo risk does not begin when the vessel sails. It exists during factory release, domestic pickup, CFS or CY handling, terminal storage, and other pre-shipment stages.
If properly designed C&I marine insurance begins at the seller's warehouse and continues through the agreed destination, the seller may be able to incorporate its pre-shipment exposure into the same marine cargo programme and eliminate the need for separate export FOB insurance.
C&I must nevertheless be drafted carefully because it is not a standardized Incoterms® rule. The parties should expressly determine risk transfer, main carriage, freight allocation, insurance transit, coverage, insured amount, insurance documentation, and the buyer's obligation to provide booking information.
Where use of a non-standard C&I label is undesirable, an official rule such as FCA combined with a separate seller-arranged insurance provision may achieve the same practical objective.
The key question for an FOB exporter is therefore not merely, “Can we change FOB to CIF?”
The more useful question may be: “Can we leave Freight with the buyer while bringing Insurance back under the seller's own control?”
C&I is one practical answer to that question.
