Basic Structure of the ICC2009 Insurance Period Clause

This page is a translation for reading support. The Japanese article is the official version. For legal, customs, insurance, or regulatory decisions, please confirm against the Japanese original and the relevant parties.

What DURATION Means in ICC2009

DURATION in ICC2009 refers to the set of clauses in the Institute Cargo Clauses 2009 that define when cargo insurance coverage begins and ends, and how situations such as early termination of carriage or change of destination in the planned transport are handled.

The DURATION provisions in Institute Cargo Clauses (A), (B), and (C) mainly consist of Clause 8 Transit Clause, Clause 9 Termination of Contract of Carriage, and Clause 10 Change of Voyage.

In cargo incidents, it is necessary to confirm not only the cause of the damage—such as fire, wet damage, breakage, or theft—but also whether the damage occurred within the insurance period. Even if the incident falls under covered perils, damage occurring before the insurance start date or after the insurance termination date may not be eligible for insurance compensation.

Conversely, even if the damage is discovered after the insurance period has ended, if it can be proven that the damage occurred during the insurance coverage period, it is not automatically excluded from coverage. It is important to distinguish between the date of damage discovery and the date of damage occurrence, and to verify the cargo’s movement history, delivery condition, storage purpose, and cause of the incident.

Being within the insurance period does not guarantee that an insurance payout will be made. The insurance period, covered risks, exclusions, insurable interest, amount of damage, and incident notification each need to be confirmed as separate requirements.

Scope Covered in This Article

Item Contents Covered in This Article Contents Covered in Other Articles in Detail
Clause 8 Transit Clause Covers insurance commencement, normal transportation processes, insurance termination, and the 60-day clause. The overall design of the marine cargo insurance period is covered in "Insurance Period of Marine Cargo Insurance".
Clause 9 Termination of Contract of Carriage Deals with cases where the transport contract or carriage is terminated at a destination other than the original destination. The carrier’s authority to terminate transport and discretionary rights under the Bill of Lading are covered in the Bill of Lading Terms and Conditions article.
Clause 10 Voyage Change Addresses changes of destination by the insured and shipments departing to alternate destinations unknown to the insured. Carrier’s contractual liability related to destination changes is covered in the NVOCC and Bill of Lading articles.
Normal Transportation Process Distinguishes between temporary storage required for transportation and storage for inventory, allocation, or distribution purposes. Causes of accidents during warehouse storage and warehouse custodial liability are addressed in the Warehouse Accident articles.
60-Day Clause Organizes different start points and termination events in Clauses 8.1.4 and 9.1. Extension of insurance period under individual contracts should be confirmed with insurers or agents.
Use of Containers for Storage Handles termination when transport equipment or containers are used for storage beyond normal transportation. Calculation of Demurrage, Detention, and Free Time is covered in respective cost-related articles.
Customs Hold Examines the relationship between document deficiencies, regulatory reviews, inspections, and insurance periods during detention. Causes and responses related to customs hold due to document issues are covered in "Customs Hold Due to Document Deficiency".
Incoterms Clarifies that insurance periods and risk transfer under sales contracts are separate concepts. Arrangements for insurance under different Incoterms are covered in "Incoterms and Marine Cargo Insurance".
Insurable Interest Covers the principle that Clause 8 is subject to Clause 11 and that insurable interest is required even for losses within the insurance period. Assignment of policy, CIF transactions, and policy transfer to assignees are discussed in "What the ICC2009 Benefit of Insurance Clause Means".
Carrier and Freight Forwarder Liability Confirms distinctions between insurance period, risk transfer under sales contracts, and carrier liability. Liability allocation is covered in "Separation of Marine Cargo Insurance and Freight Forwarder Liability".
Unknown Accident Section Considers incidents occurring within the period based on the last known normal condition and the first confirmed abnormal condition. Evidence evaluation by segment is handled in "Liability Decision When Accident Section is Unknown".
Liability Limits and Subrogation Explains that claims against carriers for accidents within the insurance period may have different deadlines and limits. Liability limit amounts are detailed in "Confirmation of Liability Limitation Clauses", and subrogation procedures are covered in Subrogation articles.

Applicable Clauses for This Article

Items to Check Scope of This Article Matters Not Determinable by This Article Alone Supplementary Reference Materials Practical Considerations
Basic Clauses Institute Cargo Clauses (A), (B), (C) 1/1/09, Clauses 8 to 10 Whether modified or extended under individual insurance contracts Insurance Policy, Certificate, Endorsements The contract content should not be finalized based solely on ICC2009 standard wording.
Air Cargo Only to the extent necessary for comparison with marine cargo clauses Specific termination provisions under Institute Cargo Clauses (Air) Clauses applicable to air cargo The 60-day period in marine cargo clauses does not automatically apply to air cargo.
War and Strikes Risks Only the relationship with standard cargo clauses is covered Insurance period specific to War and Strikes Clauses Institute War Clauses, Institute Strikes Clauses The insurance period is not necessarily the same as under basic cargo clauses.
Covered Risks Distinguishes between the insurance period and covered risks Whether the cause of loss is covered under ICC (A), (B), or (C) Terms of application, exclusions, loss documentation Coverage is not guaranteed merely by the loss occurring within the insurance period.
Insurable Interest Confirms that Clause 8 is subject to Clause 11 Who had an economic interest at the time of loss Sales contract, Incoterms, Insurance Policy Insurable interest is required even if loss occurs within the insurance period.
Extension of Period Deals with the structure of notice and continuation requests under Clauses 9 and 10 Additional premium and conditions proposed by the insurer Notice records, insurer’s approval Coverage is not automatically extended unconditionally by notice alone.

Purpose and Background of the DURATION Clause

Marine cargo insurance is not a policy that continues coverage indefinitely solely because the cargo remains at a specific location.

The basic temporal and spatial scope of coverage extends from when the cargo begins moving for shipment, proceeds through the normal transportation process, and is unloaded at the designated final warehouse. Conditions for continuation of coverage are also established for any necessary delays, transshipments, or unavoidable unloading that occur during transportation.

On the other hand, automatically extending standard cargo insurance coverage to periods when the cargo is stored for purposes unrelated to transportation—such as inventory holding, allocation for different sales destinations, distribution, or delivery scheduling—would blur the distinction between transportation insurance and storage insurance.

Clause 8 defines the start and end of normal transportation, Clause 9 addresses termination of transportation due to circumstances beyond the control of the insured, and Clause 10 deals with changes in the destination, representing deviations from the planned transportation.

The purpose of the DURATION clause is to set the boundaries of the insurance period based not only on "where the cargo was located," but also on "the purpose for which the cargo was moved or stored" and whether the planned transportation was continuing.

Three Clauses Composing the DURATION

Clause Clause Name Main Function Central Question Notification / Additional Conditions
Clause 8 Transit Clause Defines the insurance start, normal transportation process, and insurance end. When does the cargo start moving for transportation, and when is the transportation purpose completed? Coverage continues during certain transport deviations within the scope of Clause 8.3, but attention should be paid to the application of Clause 9.
Clause 9 Termination of Contract of Carriage Addresses cases where the contract of carriage and transportation are terminated at a place other than the original destination. Was the termination caused by circumstances beyond the control of the insured? Immediate notification, request to maintain coverage, and payment of additional premium if necessary are required.
Clause 10 Change of Voyage Deals with destination changes after coverage begins and unknown voyage alterations. Who changed the destination, and when did the insured learn of it? If the change is made by the insured, prompt notification and agreement on premium rates and conditions are required.

Key Situations Where DURATION Becomes an Issue

Application Scenario Typical Situation Relevant Clause Main Points to Confirm Notes
Accident Inside Shipping Warehouse Cargo tipped over while being moved to the truck loading area Clause 8.1 Is it the initial movement marking the start of transit? Distinguish from stock transfers or packing operations.
Unloading Accident at Final Warehouse Cargo dropped during unloading from the delivery vehicle Clause 8.1.1 Before or after unloading completion? Unloading completion time is key, not arrival time.
Receipt into Alternate Warehouse Delivered to an intermediate warehouse for allocation by sales destination Clause 8.1.2 Is it storage incidental to transit, or for allocation/distribution? Confirm usage purpose, not just the warehouse name.
Container Storage Using container as storage due to undetermined delivery destination Clause 8.1.3 Timing when the insured opts for storage use Not decided solely by whether it is within Free Time.
Prolonged Port Stay Held for nearly 60 days after unloading due to customs hold Clause 8.1.4 Date of unloading completion at final discharge port The 60-day period continues even during customs hold.
Termination of Transport Transport ended at alternate port due to port closure, etc. Clause 9 Termination location, arrival date, notification, transshipment plans Unless a request to continue coverage is made, coverage generally ends.
Change of Destination by Shipper Cargo initially bound for Tokyo is changed mid-transport to Osaka Clause 10.1 Timing of change and notification, insurer’s conditions Coverage does not automatically continue under prior conditions.
Unnotified Voyage Change Vessel departs for a different destination without insured’s knowledge Clause 10.2 Start of the initial transport and insured’s awareness This recognizes commencement of risk but does not guarantee indefinite coverage.
Damage Discovered After Unloading Internal damage revealed after unpacking at the final warehouse Clause 8 Timing of occurrence rather than date of damage discovery Evidence that damage occurred during transit is required.

Clause 8 Basic Structure of the Transit Clause

Clause 8 is the central clause that defines the insurance commencement, continuation during normal transit, and insurance termination.

Clause 8.1 assumes compliance with the Insurable Interest Clause in Clause 11. Therefore, even if damage occurs within the insurance period stipulated in Clause 8, a claim payment is not automatically guaranteed if the claimant does not have insurable interest at the time of damage.

The basic flow of Clause 8 is as follows:

  1. Confirm the warehouse or storage location at the point of departure specified in the insurance contract.
  2. Confirm the moment the cargo is first moved to commence transit.
  3. Continuously confirm that the cargo remains in the course of ordinary transit.
  4. Compare the termination events described in Clauses 8.1.1 through 8.1.4.
  5. Determine the earliest occurring termination event as the insurance termination point.
  6. If transit is interrupted or the destination is changed mid-journey, refer to Clauses 9 and 10.

Insurance Start Time is “When the Cargo Is First Moved to Begin Transportation”

Under ICC2009, the insurance coverage starts at the moment the insured cargo is first moved at the warehouse or storage location designated in the insurance contract, for the purpose of immediate loading onto transportation vehicles or other transport equipment to commence transportation.

Simply moving the cargo physically within the warehouse is not sufficient. It must be confirmed that the movement was intended to start the transportation as planned under the insurance contract.

Movement Situation Situations Where Insurance Start is Likely Situations Where Pre-Start Movements May Be Problematic Documents for Confirmation Practical Notes
Movement from shelf to shipping area Loading vehicle decided, immediately followed by loading Temporarily placed without a set shipping date Shipping instructions, dispatch records, work timestamps Confirm the purpose of movement and continuity with loading.
Movement by forklift Part of loading onto transport vehicle Movement for inventory count or stock organization Work order, warehouse records Work purpose is important, not the equipment used.
Movement to packaging area Already packaged, moves directly to shipping loading Packing, inspection, or processing yet to be done Packing completion records, work process Differentiates shipping preparation from start of transportation.
Movement to handling yard Immediately loaded onto the day’s pickup vehicle Planned to be stored in the handling yard for several days Pickup time, vehicle check-in records Confirm whether there is an “immediate loading” purpose.
Vanning into container Carried out as the start of planned transportation Loading for long-term storage inside the container Vanning instructions, booking details Distinguish between transport containers and storage containers.

Four Causes for Termination of Insurance Period

According to Clause 8.1, the insurance terminates at the earliest occurrence among the following termination events.

Clause Cause of Termination Termination Point Typical Example Verification Documents
Clause 8.1.1 Arrival at the final warehouse or storage location at the designated destination When unloading from the transport equipment is completed All cargo was unloaded from the truck at the importer's warehouse POD, unloading records, surveillance video
Clause 8.1.2 Separate warehouse used for storage, allocation, or distribution outside normal transportation When unloading from the transport equipment is completed at that warehouse Delivered to a distribution center for sorting by sales destination Warehouse instructions, storage contracts, distribution plans
Clause 8.1.3 Use of transport equipment or container for storage outside normal transportation When the insured or their employees choose to use it for storage Container was used for inventory storage due to an undetermined delivery destination Email, delivery postponement instructions, reasons for retention
Clause 8.1.4 Elapsed period after unloading at the final discharge port 60 days after completion of unloading from ocean-going vessel Long-term retention at CY or CFS without customs clearance Vessel unloading records, terminal records

The mere arrival of the cargo at the final warehouse does not necessarily mean the termination point under Clause 8.1.1. The termination is confirmed when unloading from the transport equipment is completed.

On the other hand, under Clause 8.1.3, termination may occur at the point when the insured chooses to use the container or vehicle for storage outside normal transportation, even if unloading from the container or vehicle has not yet taken place.

Do Not Confuse the Two Types of "60 Days"

ICC2009 includes a 60-day period in both Clause 8.1.4 and Clause 9.1, but the starting points and application scenarios differ.

Comparison Item 60 Days in Clause 8.1.4 60 Days in Clause 9.1 Common Points Practical Notes
Application Scenario Normal transport arriving at the scheduled final discharge port When transport is terminated at a different port or location due to circumstances beyond the insured's control Both serve as a time limit to prevent indefinite insurance continuation. Determine which clause applies first.
Starting Point When unloading from the ocean-going vessel is completed at the final discharge port When the insured cargo arrives at the port or location where transport is terminated Date evidence is important in both cases. Do not calculate from the vessel arrival date alone.
Request for Insurance Continuation Functions as a standard termination cause. Continuation under Clause 9 requires prompt notice and a continuation request. May be altered by special agreement. Clause 9 does not automatically continue insurance without notification.
Transshipment Within the Period Check relationship with Clause 8.2 or Clause 10. If transshipment occurs within 60 days or extended agreed period, insurance may continue until expiry under Clause 8. Confirm the changed destination and transport conditions. Notify the insurer before starting transshipment.
Other Termination Causes If causes in Clauses 8.1.1 to 8.1.3 occur earlier, insurance ends at that time. If cargo is sold or delivered earlier than 60 days, insurance ends then. Confirm the "earliest occurrence" in all cases. This does not mean coverage is guaranteed for the full 60 days.

What Is the Normal Transport Process?

The normal transport process refers to the state in which cargo is continuously moving from the departure point to the destination as planned in the insurance contract, in line with the transportation purpose.

Even if the cargo is temporarily placed in a warehouse, CFS, CY, or terminal, if such storage is normally necessary for transportation due to customs clearance, transshipment, awaiting delivery allocation, or waiting for shipment, it does not automatically mean that the normal transport process is interrupted.

It cannot be determined solely by the formal name of the location. The purpose and period of storage, arrangements for the next transportation step, the insured's choices, and the cargo's availability should be comprehensively assessed.

Assessment Criteria Conditions Indicating Storage Within the Normal Transport Process Conditions Indicating Storage Outside the Normal Transport Process Documents for Verification Practical Notes
Purpose of Storage Necessary for transportation such as customs clearance, transshipment, delivery allocation, shipment Inventory storage, allocation by sales destination, distribution, delivery timing adjustment Storage instructions, delivery plans Confirm the actual purpose beyond just the cost account.
Storage Period Duration required for normal procedures Indefinite and long-term retention Inbound/outbound dates, planned operations Even a short period matters if the storage purpose continues.
Next Transport Vehicle, vessel, and delivery dates are concretely determined Next transport destination and schedule are not decided Booking, vehicle allocation requests Check the specificity of the plan.
Insured’s Choice Delay unavoidable due to port congestion, etc. Storage chosen based on insured’s inventory considerations Emails, internal instructions Distinguish between uncontrollable delays and voluntary choices.
Availability of Cargo for Use Cannot be sold or used before transport is completed Cargo freely allocable and shippable as inventory Inventory registration, sales instructions Do not judge solely based on physical location.
Contractual Destination Heading to the final destination specified in the insurance contract Transport purpose completed at an unspecified location Insurance policy, shipping instructions Confirm Clause 9 and Clause 10 applications as well.

When Containers or Vehicles Are Used as Storage

Clause 8.1.3 sets the termination event as the time when the insured or their employees choose to use transport vehicles or other transport equipment, including containers, for storage purposes outside the normal transportation process.

Therefore, the mere fact that cargo remains inside a container cannot be taken as conclusive evidence that it is still "in transit."

A distinction is made between cases where cargo is waiting at the CY for the typical period required for customs clearance, gate-out, or delivery arrangement, and cases where the container is used as an inventory storage location due to reasons such as lack of warehouse space, undetermined sales destination, or undetermined delivery date.

It is important to note that Clause 8.1.3 concerns the choice to use the container for storage outside of normal transport, not the actual time when cargo is unloaded from the container.

Differences Between Clause 8.2 and Clause 10.1

Both Clause 8.2 and Clause 10.1 relate to the change of the destination, but they apply at different stages and have different effects.

Comparison Item Clause 8.2 Clause 10.1 Central Criterion Practical Response
Application Timing After discharge from the ocean-going vessel at the final port of unloading, but before the insurance ends When the insured changes the destination after the insurance has begun When the change took place Preserve the date and time of the change instruction.
Basic Effect Standard coverage is not extended beyond the moment the cargo first moves for transport to the new destination. The insured should notify the insurer without delay and agree on the premium rate and conditions. How long coverage continues under the standard period Confirm with the insurer before moving the cargo.
Notification If continuation is desired, notification is required including considerations related to Clause 10. Explicit prompt notification is required. Timing of notification and timing of change Not only verbal contact but also keep written records.
Damage Occurring Before Agreement Clause 8.2 alone cannot confirm coverage for the new destination. Coverage may be provided only if accepted at reasonable market premium rates and conditions. Whether coverage could be obtained in the market Do not describe as automatic coverage.

Situations Where Insurance Continues under Clause 8.3

Clause 8.3 provides that, assuming the termination events in Clauses 8.1.1 to 8.1.4 and Clause 9 have been observed, the insurance remains valid during the following periods:

  • Delay beyond the control of the insured
  • Deviation from the planned route
  • Unavoidable unloading
  • Re-loading
  • Transshipment
  • Changes in transportation due to exercise of the carrier’s discretionary authority under the transport contract

However, the fact that the insurance remains valid during the delay period does not mean that damages caused by the delay itself are covered.

Under ICC(A), (B), and (C), damages and costs arising from delays are generally subject to exclusion clauses. Therefore, it cannot be concluded that “damage due to delay is covered” merely because “the insurance continues during the delay.”

Clause 9 Termination of the Carriage Contract

Clause 9 addresses cases where the carriage contract is terminated at a port or location other than the original destination due to circumstances beyond the insured’s control, or when transportation ends before unloading as stipulated in Clause 8.

In principle, marine cargo insurance also terminates in such cases. However, if the insured promptly notifies the insurer and requests continuation of coverage, the insurer may continue coverage provided the insured pays the additional premium required.

Check Item Details to Confirm Meaning under Clause 9 Major References Response if Issues Arise
Original Destination Location specified in the insurance contract and carriage contract Used to determine differences with the termination location. Insurance Policy, B/L Clarify discrepancies between insurance contract and B/L descriptions.
Reason for Termination Port closure, inability to transport, political reasons, etc. Confirm that these are circumstances beyond the insured’s control. Notification from the carrier, Public Information If the insured voluntarily changes, also consider Clause 10.
Date of Arrival Date the cargo arrived at the termination port/location Starting point for the 60-day period in Clause 9.1. Arrival Notice, In-gate Records Distinguish between vessel arrival date and cargo arrival date.
Notification Timing When the insured becomes aware of the termination and notifies the insurer Condition precedent for coverage continuation. Email, Notification Receipt Records Notification to the carrier alone does not substitute for insurer notification.
Request for Continuation Explicit statement requesting continued coverage Distinguished from mere accident reporting. Continuation Request Letter Specify intended destination, route, and planned storage.
Sale or Delivery Whether the cargo is sold or delivered at the termination location The point of sale or delivery constitutes coverage termination. Sale or Delivery Records Coverage ends upon sale even if earlier than 60 days.
Re-shipment Whether re-transportation occurs within 60 days or agreed extended period Coverage may continue up to the termination under Clause 8. New Booking, Dispatch Records Confirm additional conditions and premium.

Clause 10 Change of Voyage

Clause 10.1: When the Insured Changes the Destination

If the insured changes the destination after the insurance has commenced, they must promptly notify the insurer and negotiate the applicable premium rate and insurance terms.

Changing the destination does not automatically continue coverage under the same premium and terms as before.

Even if a loss occurs before agreement is reached, coverage may be provided only if it was reasonably possible for the insurer to accept the risk at a reasonable market premium and terms.

Therefore, Clause 10.1 does not mean coverage will be guaranteed simply by notifying the insurer. Whether coverage can be maintained depends on whether insurance could reasonably be accepted in the market for the cargo, route, storage, and risk conditions after the change.

Clause 10.2: When the Vessel Sails to a Different Destination Without the Insured’s Knowledge

Clause 10.2 addresses cases where the insured cargo has begun the intended transport under Clause 8.1, but the vessel sails to a different destination without the knowledge of the insured or their agents.

In such cases, the insurance is treated as having commenced when the originally intended transport started.

This provision prevents denial of the insurance inception solely because the insured was unaware of a change in voyage.

However, Clause 10.2 does not unconditionally or indefinitely guarantee coverage for the entire transport to the alternate destination. Once the insured becomes aware of the actual situation, they must immediately contact the insurer and confirm the insurance terms going forward.

Distinctions Among Clause 8.3, Clause 9, and Clause 10

Comparison Item Clause 8.3 Clause 9 Clause 10 Key Points for Judgment
Central Event Delays, deviation, transshipment, etc. during transportation Termination of transportation contract or carriage at a location other than the scheduled destination The destination itself is changed Distinguish whether transportation is continuing, ended, or the destination changed.
Involvement of the Insured Primarily delays and disruptions beyond control Requirement of circumstances beyond control Clause 10.1 involves changes made by the insured; Clause 10.2 covers changes unknown to the insured Confirm who decided the change.
Continuation of Standard Coverage Continues following termination causes in Clause 8 and Clause 9 Generally terminates; may continue with notification and continuation request Requires notification and agreement on conditions Even for similar "schedule changes," the effects differ.
Additional Premium Not necessarily required under Clause 8.3 itself May be required by the insurer The rates and conditions after the change are negotiated Confirm with the insurer whether additional premiums apply.
Typical Examples Vessel delay, usual change of transshipment port, unavoidable discharge Termination of carriage at an intermediate port due to port closure Change of destination from Tokyo to Osaka instructed by buyer Check actual transportation circumstances, not just the terminology.

Comparison of ICC1963, ICC1982, and ICC2009

Comparison Item ICC1963 ICC1982 ICC2009 Practical Changes
Insurance Start When cargo leaves the warehouse/storage location to begin transport When cargo leaves the warehouse/storage location to begin transport When cargo is first moved with the immediate purpose of loading onto the transport equipment The criterion was specified as the initial transport-related operation inside the warehouse, not merely the warehouse exit.
End at Final Warehouse Delivery to final warehouse/storage location Delivery to final warehouse/storage location Completion of unloading from the transport equipment A more concrete operational point of unloading completion is indicated rather than just arrival or delivery.
Alternate Warehouse Outside Normal Transport Delivery to selected warehouse for storage, allocation, or distribution Delivery to selected warehouse for storage, allocation, or distribution When unloading from the transport equipment at that warehouse is completed The end point is concretely set as unloading completion.
Use of Container or Vehicle for Storage Not explicitly stated as an independent termination cause Not explicitly stated as an independent termination cause Explicitly stated in Clause 8.1.3 The boundary for using containers as warehouse substitutes is clarified.
60 Days After Final Discharge Port Provision included Provision included Maintained as Clause 8.1.4 The fundamental 60-day framework remains intact.
Termination of Transport Regulated as Termination of Adventure Regulated as Termination of Contract of Carriage under Clause 9 Carried over and organized under Clause 9 The relationship with termination of transport contracts and transit is clarified.
Change of Destination Held Covered type conditional on additional premium Held Covered type requiring prompt notice, with premium and conditions to be agreed later Specifies acceptance including reasonable market rates and conditions Clearer criteria for damage occurring before agreement on changes.
Voyage Departure to an Unknown Alternative Destination No explicit provision corresponding to current Clause 10.2 No explicit provision corresponding to current Clause 10.2 Clause 10.2 explicitly states commencement of risk The start point of risk when voyage is changed without the insured’s knowledge is clarified.

Insurance Period and Differences from Related Systems

Concept Main Meaning Criteria for Determination Main Reference Documents Relation to DURATION
Insurance Period The temporal and spatial scope within which cargo insurance is effective Clauses 8 to 10, special clauses Insurance policy, movement records Directly governed by DURATION.
Covered Risks Which causes of loss or damage are covered by the insurance ICC(A), (B), (C) and exclusion clauses Accident cause documentation, applicable clauses Claims are not paid if outside covered risks even within the period.
Risk Transfer in Sale and Purchase Which party, seller or buyer, bears cargo damage risk Sales contract, Incoterms Purchase order, invoice May not align with the insurance period.
Insurable Interest Relationship involving economic loss caused by damage ICC2009 Clause 11, transaction structure Sales contract, insurance policy Relates to entitlement to claims for damage within the period.
Carrier Liability Scope of carrier or NVOCC liability for damage compensation B/L, transportation contract, applicable law House B/L, Master B/L A contract matter separate from the insurance period.
Free Time Grace period during which demurrage or similar charges do not occur Shipping line and terminal tariff conditions Arrival Notice, tariff schedules Not a factor in determining the insurance period.
Demurrage / Detention Additional charges for container or terminal use Tariff conditions, return date, gate-out date Billing details, EIR Occurrence of charges and insurance termination are separate issues.
Storage Contract Contract period where warehouse operator stores cargo Warehouse contract, stock in/out records Warehouse receipt Storage contracts may continue after insurance coverage ends.

Practical Workflow for Determining the Insurance Period

Step Check Point Main Documents Decision Outcome Next Action
1. Applicable Clauses Whether ICC2009 A, B, C, or endorsements apply Insurance Policy, Certificate Determine the applicable insurance period clauses Differentiates aviation, war, and strikes clauses.
2. Specified Point of Departure Warehouse or storage location specified in the insurance contract Insurance Policy, Application Form Confirm the location for the insurance commencement Check for discrepancies from the actual shipment location.
3. Initial Movement Date and time when cargo first moved to start transportation Work Records, Dispatch Records Estimate the insurance commencement date Excludes stock movements and packing operations.
4. Normal Transportation Whether each storage or delay is part of transportation purpose Booking, Customs Clearance and Delivery Records Determine if within the normal transportation process Confirm switch to voluntary storage.
5. Cause for Termination Occurrence date/time of events per Clauses 8.1.1 to 8.1.4 POD, Unloading and Port Records Identify the earliest termination date Do not rely only on the 60-day rule.
6. Termination of Transportation Whether transportation ended at a location other than the original destination Carrier Notification, Arrival Notice Determine application of Clause 9 Notify the insurer immediately.
7. Change of Destination Whether insured changed destination or unknown destination change Change Instructions, Shipping Line Notifications Decide based on Clauses 10.1 or 10.2 Confirm premium rates and terms.
8. Timing of Damage When the damage likely occurred Photos, Survey Report, Temperature Records Evaluate if the incident was within the coverage period Differentiates discovery date and occurrence date.
9. Covered Risks Whether the cause of loss is covered under the applicable conditions Accident Investigation, Applicable Clauses Confirm coverage criteria beyond period Check exemption clauses such as delay or inherent defects.
10. Preservation of Rights Notification and deadlines for carrier, warehouse, etc. Claim Letter, B/L Maintain subrogation potential Notify concurrently with insurance claim assessment.

Common Misunderstandings

Common Misunderstanding Actual Consideration Practical Notes
Marine cargo insurance for sea transport begins at loading onto the vessel. Under ICC2009, the start of the insurance period is when the cargo is first moved for transport, such as at the designated warehouse. Confirm the continuity between warehouse work purposes and vehicle loading.
Insurance begins as soon as the cargo is moved once inside the warehouse. The cargo must be moved specifically for the purpose of loading onto the transport equipment to start transport. Distinguish inventory counting, stock management, and packing operations.
Insurance ends the moment the cargo reaches the final warehouse. Clause 8.1.1 states the insurance period ends upon completion of unloading from the transport equipment. Check unloading records in addition to the POD (Proof of Delivery).
Cargo inside the container is always considered in transit. The end of coverage becomes an issue when the container is used for storage outside normal transport. Confirm the timing of delivery delays or instructions for inventory storage.
The cargo is always protected for 60 days after unloading at the final port. If events under Clauses 8.1.1 through 8.1.3 occur first, coverage ends at that point. The 60-day period is not the maximum but just one of several termination conditions.
The 60-day periods in Clauses 8 and 9 start from the same point. Clause 8.1.4 starts counting after unloading at the final port; Clause 9.1 starts after arrival at the termination location. Differentiate the applicable clauses and reference points for calculation.
Coverage continues as long as it is within the Free Time period. Free Time refers to the container terminal's chargeable period and is separate from the insurance period. Calculate Free Time and the ending of Clause 8 coverage separately.
During customs hold, normal transit continues indefinitely. The 60-day period under Clause 8.1.4 advances even during customs hold; switching to storage risk may also apply. Consult on period extension before prolonged delays occur.
Insurance continues during delays, so delay-related damages are always covered. Continuation of the insurance period under Clause 8.3 and exemption from delay damages are separate matters. Confirm whether the cause of damage is the delay itself or another peril occurring during the period.
Notifying a change of destination automatically ensures coverage under the same terms. Clause 10.1 requires agreement on premium rates and conditions; damage before agreement may depend on market acceptance conditions. Confirm in writing before or immediately after notification of the change.
All damages caused by a voyage change unknown to the insured are automatically covered unconditionally. Clause 10.2 acknowledges the risk commencement at the planned start of transport. Notification after the change is known and subsequent confirmation of terms are required.
Damage discovered after the insurance period always falls outside coverage. If it can be demonstrated that damage occurred during the insurance period, the discovery date alone may not exclude coverage. Record normal status, time of abnormal discovery, and packaging condition.

Common Practical Issues

Case Main Issue Key Clause Verification Materials Initial Response
Cargo tipped over before truck loading inside the export warehouse Whether this is the first movement to start transportation Clause 8.1 Work instructions, dispatch records, surveillance footage Confirm the purpose of the movement and the planned loading schedule.
Cargo dropped during unloading at the final warehouse Whether the incident occurred before unloading was completed Clause 8.1.1 POD, unloading records, photos Record the unloading completion time and the time of the incident.
Cargo damaged after storage by sales destination at the distribution center Whether the purpose was allocation/distribution outside normal transportation Clause 8.1.2 Storage purpose, inventory and distribution instructions Confirm the unloading completion timing.
Container used as storage due to lack of importer’s warehouse space When storage use was chosen Clause 8.1.3 Delivery delay email, Free Time records Immediately inquire with the insurer about the period and storage conditions.
Over 60 days passed after unloading at the final port during customs hold Insurance termination under Clause 8.1.4 Clause 8.1.4 Unloading completion date, customs records Confirm the estimated incident date and any extension agreement.
Transport interrupted at an intermediate port due to port closure Termination under Clause 9 and continuation of coverage Clause 9 Carrier notification, arrival date, insurer notification Notify the insurer of the continuation request and the plan for onward transport.
The shipper changed the destination during transit Agreement on changed conditions Clause 10.1 Change instructions, insurer response Obtain approval before transporting to the changed destination.
The insured was unaware that the vessel diverted to another port Start of risk and notification after discovery Clause 10.2 Shipping line notice, voyage records Record the time of awareness and immediately notify the insurer.
Internal wet damage found after unpacking at the final warehouse Difference between date of damage occurrence and date of discovery Clause 8 Unpacking footage, packaging materials, Survey Report Preserve evidence of damage during transportation.

Decision Checklist

Confirmation Stage Party to Confirm With Items to Confirm Action if Issues Are Found
Confirm Applicable Clauses Insurance Company, Insurance Agent ICC2009 A, B, C; Special Clauses; Period Extensions Obtain insurance policy and applicable clauses.
Confirm Specified Departure Location Shipper, Insurance Company Warehouses/storage locations designated in insurance contract Notify of any differences from the actual shipment location.
Confirm Insurance Start Time Warehouse, Packing Company, Delivery Company Time of first movement, purpose, continuity with loading Preserve surveillance footage and work records.
Confirm Normal Transport Shipper, Freight Forwarder, Warehouse Storage purpose, duration, next transport plan Identify timing of switch to storage purpose.
Confirm Final Unloading Delivery Company, Consignee Start and completion time of unloading, accident time Obtain not only POD but also work records.
Confirm Use of Separate Warehouse Shipper, Warehouse Company Distinguish between normal transport, inventory storage, allocation, distribution Check for possibility of ending under Clause 8.1.2.
Confirm Container Storage Shipper, NVOCC, Delivery Company Person, date, and reason for deciding on storage use Confirm Clause 8.1.3 and need for period extension.
Confirm 60 Days under Clause 8 Shipping Line, Terminal Date of completion of unloading from ocean-going vessel at final port Obtain official terminal records.
Confirm Transport Interruption Shipping Line, NVOCC Interruption point, reason, arrival date, onward transport plans Immediately request continuation from insurer.
Confirm 60 Days under Clause 9 Carrier, Local Agent Date of cargo arrival at interruption port or location Manage deadline separately from Clause 8’s 60 days.
Confirm Destination Change Shipper, Buyer, Freight Forwarder Decision maker, date/time of change, new destination Negotiate rates and conditions with insurer.
Unannounced Voyage Change Shipping Line, NVOCC Actual vessel destination, insured party’s awareness timing Notify insurer immediately upon discovery.
Timing of Damage Occurrence Surveyor, Warehouse, Delivery Company Last known normal state, first detection of irregularity Chronologically organize evidence indicating occurrence within the period.
Preserving Rights Carrier, NVOCC, Warehouse Company Accident notification, Claim Letter, notification and lawsuit deadlines Preserve rights regardless of insurance period determination.

Freight Forwarder Standard Five Categories and Insurance Period Confirmation

Standard Category Operations Likely Involved in Insurance Period Confirmation Scope of Confirmation and Explanation Matters Not to Be Definitively Determined Entity Responsible for Final Judgment
Simple Intermediary Insurance application, communication with carriers and warehouses, collection of movement records Applicable clauses, organization of shipment, unloading, and notification dates Final confirmation of insurance payment eligibility and insurance termination Insurance company, insurance agent, contracting parties
Cargo Transportation Service Provider Segmented transportation, transshipment, cross-docking, delivery arrangements Explanation of transportation segments handled and cargo movement history Equating their own transport liability with marine cargo insurance coverage Insurance company, contracting parties, specialists as needed
NVOCC / House B/L Issuer Ocean transport, transshipment, unloading at final port, notification of transport termination Providing transport history and dates from House B/L and Master B/L Definitively stating insurance periods align with House B/L liability periods Insurance company, contracting parties
Door-to-Door Single Contractor Managing the timeline from shipping warehouse to final delivery location Organizing candidate start and end dates, incident segments, and storage purposes Guaranteeing coverage within insurance periods solely because of single contracting Insurance company, insured policyholder
Agent / Coordinator for Specific Operations Coordination of customs clearance, warehousing, packing, delivery, destination changes, etc. Organizing facts of changes known within commissioned operations and notification history Promising extension of insurance periods or coverage for destination changes without insurer’s approval Insurance company, contracting parties

Freight forwarders and NVOCCs can organize factual materials such as cargo movement dates, unloading dates, storage purposes, transport termination, and destination changes; however, they are not in a position to independently make final judgments on whether it falls within the insurance period or on the eligibility for insurance claim payments.

Also, even when a freight forwarder arranges marine cargo insurance on behalf of the insured, once changes in transport or long-term storage become apparent, the insured policyholder should formally notify the insurance company or agent and obtain a written response.

Example 1: Case of Using an Import Container as Storage

An import container arrived at the port, but because the importer’s warehouse was full, the container was left at the CY without setting a delivery date and was used as a storage location for inventory. Subsequently, condensation and mold were discovered inside the container.

In this case, the mere fact that the cargo remained inside the container does not justify considering it as being in the course of ordinary transit.

It is necessary to confirm whether the container’s temporary stay was due to the usual processes such as customs clearance, gate-out, and delivery scheduling, or whether the importer chose to use the container as storage due to warehouse shortage.

If storage use was chosen, the termination of insurance under Clause 8.1.3 becomes a key issue. Whether this occurred within the Free Time period or if Demurrage had been incurred can be reference information, but does not directly determine the insurance termination point.

Organize in chronological order the Arrival Notice, customs clearance approval date, gate-out availability date, delivery postponement instructions, coordination records with the warehouse, Free Time status, temperature and humidity records, and cargo photographs.

Specific Example 2: Case of Prolonged Customs Holding

Customs clearance was delayed for an extended period due to document deficiencies and import regulation checks, resulting in the cargo being stored for a long time at the CFS of the final discharge port. Exterior damage was discovered on the 58th day after unloading was completed, and a detailed survey was conducted on the 62nd day.

In this case, the initial point to confirm is not the date of damage discovery but the date when unloading from the ocean vessel was completed and the probable timing of the damage occurrence.

The 60-day period specified in Clause 8.1.4 starts from the completion of unloading at the final discharge port. The insurance period is not indefinitely extended solely because customs clearance is on hold.

It is necessary to verify the outer packaging condition on the 58th day, the cargo’s state upon warehouse receipt, storage conditions inside the CFS, temperature and humidity logs, records of rainwater intrusion, and photographs to assess the possibility that the damage occurred within the coverage period.

If there is a possibility that the damage occurred beyond the 60-day limit, the insurer should be notified immediately to confirm whether an extension of the insurance period or changes to the storage conditions are required.

Example 3: Case where the Transport Contract Was Terminated at an Intermediate Port

Due to a port closure, the cargo could not be transported to the original destination and was unloaded at an intermediate port, resulting in the termination of the transport contract.

In this case, it must be verified whether the transport is temporarily continuing as unavoidable unloading under Clause 8.3, or whether the transport contract and transport itself are terminated, thereby triggering the application of Clause 9.

If the carrier has formally notified that the transport to the original destination has been completed, then the termination of insurance under Clause 9 becomes a concern.

After learning of the termination, the insured should promptly notify the insurer and request the continuation of coverage. If forwarding is to continue by a new vessel or land transport, the route, destination, storage period, and additional premium should be confirmed.

The 60-day period in Clause 9.1 starts from the cargo’s arrival at the termination port or location and should not be confused with the 60 days in Clause 8.1.4.

Example 4: Case Where the Cargo Owner Changes the Destination from Tokyo to Osaka

For cargo insured with Tokyo as the destination, the consignee changed the destination to Osaka during maritime transport due to buyer circumstances.

Because this is a destination change based on the insured's decision, Clause 10.1 becomes an issue.

The cargo owner or freight forwarder must notify the insurer of the new destination, route, means of transport, planned schedule, and storage plans before commencing transport under the revised terms, and confirm the applicable rate and conditions.

Coverage does not automatically continue under the previous terms after the change. If damage occurs before the agreement, the question will be whether coverage could reasonably have been accepted under market conditions.

Records of the request to the carrier for the destination change and of the notification to the insurer should be kept separately. Instructions to the carrier do not substitute for notification to the insurer.

Example 5: Case Where the Insured Was Unaware the Vessel Departed for a Different Destination

The insured believed that the vessel was heading to the originally scheduled destination; however, due to operational circumstances of the shipping line, the vessel departed for a different destination than initially planned.

If the insured and their employees were unaware of this change, according to Clause 10.2, the insurance coverage is treated as if the risk commenced at the start of the originally planned transportation.

However, coverage under the original terms may not necessarily continue automatically if the insured fails to notify after becoming aware of the change and subsequently leaves the transportation or storage unaddressed.

It is important to verify the shipping line’s notification of the voyage change, the date and time the insured received this notification, the date of contact with the insurer, and the revised transportation plan thereafter.

To clarify when the insured became aware of the change, it is essential to retain email reception records and internal forwarding logs.

Documents to Be Checked in Practice

  • Insurance Certificate, Insurance Policy, Insurance Application Form
  • Applicable ICC2009 clauses and individual special conditions
  • Departure and destination locations specified in the insurance contract
  • Invoice, Packing List, Sales Contract
  • Incoterms, Purchase Order, Contract Amendments
  • B/L, House B/L, Master B/L, and AWB if necessary
  • Booking Confirmation, Shipping Instructions, Trucking Orders
  • Export Warehouse Release, Handling, and Monitoring Records
  • Vanning Records, CFS/CY In-Gate Records, Equipment Interchange Receipt (EIR)
  • Vessel Departure Date, Arrival Date, Start and Completion Logs of Cargo Unloading
  • Arrival Notice, D/O Exchange Date, Import Permit Date
  • CFS, CY, Warehouse Inbound and Outbound Records
  • Final Delivery Date, POD, Start and Completion Logs of Cargo Unloading
  • Records of Free Time, Demurrage, Detention, and Storage Fees
  • Instructions for Container or Vehicle Storage and Use
  • Records of Transport Termination, Transshipment, and Destination Change Notifications
  • Notifications to Insurer, Continuation Requests, and Approval Records
  • Quotes for Additional Premiums and Modified Terms
  • Accident Notices, Claim Letters, Survey Reports
  • Photographs, Unpacking Videos, Temperature & Humidity Monitoring Records

When confirming the insurance period, it is necessary to document not only the dates but also the purpose for which the cargo was being moved or stored at each point in time.

If the date of loss is unclear, both the last confirmed point at which the cargo was normal and the first confirmed detection of damage or irregularity should be established, with a chronological log of movements, storage, handling, and responsible parties during the intervening period.

Summary

The DURATION provisions of ICC2009 consist of Clause 8: Transit Clause, Clause 9: Termination of Contract of Carriage, and Clause 10: Change of Voyage.

Clause 8 stipulates that insurance begins when the cargo is first moved in the designated warehouse or storage location specified in the insurance contract, for the purpose of immediate loading onto the transport equipment to start transit.

The insurance continues throughout the normal transportation process and ends at the earliest of the following: upon completion of unloading at the final warehouse at the specified destination; upon completion of unloading at a separate warehouse used for storage, allocation, or distribution outside normal transport; when the use of transport equipment or container for storage is chosen; or 60 days after completion of unloading at the final port of discharge.

The 60-day period in Clause 8.1.4 starts from the completion of unloading at the final port of discharge. Conversely, the 60-day period in Clause 9.1 starts from the cargo’s arrival at the port or place where the carriage is terminated. These two clauses differ in their applicable scenarios and start points.

According to Clause 8.3, insurance may continue during delays, diversions, necessary unloading, reloading, or transshipment caused by circumstances beyond the insured’s control. However, the mere continuation of the insurance period during the delay does not automatically mean that losses caused by the delay are covered.

Clause 9 provides that if the carriage is terminated at a place other than the originally intended destination due to circumstances beyond the insured’s control, the insurance generally ends as well. To maintain coverage, prompt notification, request for continuation, and, if necessary, payment of additional premium are required.

Clause 10.1 requires the insured to promptly notify the insurer and agree on revised premium rates and conditions if the destination is changed. Clause 10.2 treats the insurance as having started at the commencement of the intended carriage even if the insured is unaware that the vessel has departed for a different destination.

The insurance period, transfer of risk in sales, insurable interest, carrier liability, Free Time, Demurrage, and Detention are all distinct concepts. One should not determine insurance claim eligibility or liability solely based on one period or designation.

In the event of an incident, it is important to verify in chronological order the insurance inception, the normal transit process, the first event causing termination, termination of the contract of carriage, destination change, timing of damage occurrence, and notification to the insurer.

Marine cargo insurance conditions vary more significantly by coverage terms than by premium amounts. For selecting coverage terms and interpreting policy clauses, please consult a specialized insurance company or agent.