History and Summary of Revisions to the ICC 2009 Clauses

2026年5月7日 最終更新日時 : 2026年7月11日 Interlink編集部
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What Are the ICC2009 Clauses?

The ICC2009 Clauses are a set of marine cargo insurance clauses revised in 2009 based on the 1982 version of the Institute Cargo Clauses and related association clauses used in overseas marine cargo insurance.

The 2009 edition of the Institute Cargo Clauses (A), Institute Cargo Clauses (B), and Institute Cargo Clauses (C) all bear the date "1/1/09." In actual insurance contracts, it is necessary to verify not only the use of "ICC" or "ICC(A)" but also to confirm which edition—1982 or 2009—is being applied, including the date.

Here, ICC refers to the abbreviation for Institute Cargo Clauses and should not be confused with the International Chamber of Commerce, which shares the same abbreviation.

ICC2009 does not completely abolish the coverage structure of ICC1982 and replace it with a new system. Instead, it maintains the basic classification into ICC(A), ICC(B), and ICC(C), the framework of separating covered perils and exclusions, general average and salvage charges, insurance period, insurable interest, and loss mitigation obligations. The revision clarifies judgment criteria to align with contemporary transport practice.

This article serves as an introductory overview to the ICC2009 clauses series. It does not provide conclusions on the insurability of individual claims but organizes the historical background of ICC2009, the set of clauses and documents involved, and the order in which they should be reviewed.

Scope Covered in This Article

Item Contents Covered in This Article Contents Covered in Detail in Other Articles
Evolution of ICC Clauses Changes in the structure of certificates and clauses in ICC1963, ICC1982, and ICC2009 Individual Articles of ICC1963 and ICC1982, Unique Interpretations of Older Clauses
Background of ICC2009 Revision Impact of container transport, multimodal transport, third-party operations, and changes during transit on the criteria Text comparison and legal effects of each revised clause
ICC (A), (B), (C) Basic roles of the three conditions and entry points for incident confirmation Enumerated Risks, Coverage Scope, Unexplained Damage, General Average, Collision Liability Clause
Related 2009 Edition Clauses Positioning of clauses related to cargo, air cargo, war, strikes, and terrorism Individual covered risks, exclusions, insurance periods, additional premiums of each clause
Insurance Period Revision direction clarifying start and end points based on operational timing Initial movement, normal transport process, unloading completion, 60-day clause, 30-day clause
Exclusion Clauses Focus on party, timing, and awareness regarding packing, insolvency, unseaworthiness, and unfitness Requirements for each exclusion, causality, exceptions concerning bona fide transferees
Change of Destination Shift from “held covered” to explicit structure for notification, rates, and agreement on conditions Details of Clause 9, Clause 10, and NOTE, legal effects of delayed notification
Insurance Contract Documents Order of confirmation for Policy, Schedule, Certificate, Endorsement, and clause text Priority among individual insurance contracts, governing law, jurisdiction, insurer-specific special agreements
Cargo Incident Response Confirmation flow when applying ICC2009 to incidents Damage amount, survey, insurance claim documents, Claim Letter, subrogation
Carrier and NVOCC Liability Need to separately confirm cargo insurance and responsibilities under the transport contract Terms on the reverse of B/L, liability limits, exclusions, notification deadlines, statute of limitations
Freight Forwarder Involvement Collection of documents, timeline, related parties’ information, and scope of communication to insurer Final judgment on insurance payment, legal determinations, determination of liability share

Role Division Between This Article and "Main Changes in ICC2009 Clauses"

Article Main Role Level of Detail When to Read
Transition and Overview of ICC2009 Clauses Entry point for the series showing history, clause framework, related documents, and confirmation order Overview sufficient to grasp the entire structure When reviewing ICC2009 for the first time
Main Changes in ICC2009 Clauses Tabulates key wording and criteria differences between ICC1982 and ICC2009 Comparison of major revisions When quickly checking differences from the previous clauses
Individual Articles on Covered Risks, Insurance Period, Exemptions, etc. Detailed examination of each Article’s requirements, exceptions, and required evidence Depth applicable to individual incidents When dealing with cargo incidents, insurance claims, notifications, or exemption decisions
Articles on B/L and NVOCC Liability Examines responsibilities of carriers, NVOCCs, freight forwarders, etc. separately from cargo insurance Transport contracts, liability limits, and deadline management When managing insurance claims alongside third-party liability claims

Purpose of the ICC Clauses and Background of Their Revisions

In marine cargo insurance, the mere fact that cargo has been damaged is not sufficient to determine whether an insurance claim should be paid.

It is necessary to verify the applicable clauses, coverage conditions, insurance period, cause of the incident, exclusions, insurable interest, notification requirements, and endorsements in accordance with the insurance contract and the actual course of transportation. The Institute Cargo Clauses serve the role of systematizing these fundamental assessment items as standardized English clauses.

After the establishment of ICC1982, container transportation and multimodal through transport became widespread in international logistics, increasing the number of operational points the cargo passes through, such as warehouses, CFSs, container yards, inland transportation, and transshipment ports.

Furthermore, packaging, stowage inside containers, storage, and delivery increasingly have been carried out not by the shipper but by independent packers, warehouse operators, freight forwarders, NVOCCs, and carriers.

As a result, vague expressions such as when the cargo "left the warehouse" or when packaging was "inadequate" have made it difficult to determine critical factors like the inception of the insurance, the responsible party for the work, the time of recognition, and the scope of exclusions.

ICC2009 was organized to address these issues by clarifying facts such as who performed the work, whether the work took place before or after the commencement of peril, what the insured knew, when the cargo was first moved and when unloading was completed, and when notification was made to the insurer, structuring these elements for clearer confirmation.

Transition from ICC1963, ICC1982 to ICC2009

When understanding the transition of ICC, it is necessary not only to consider the number of revised provisions but also to confirm how the insurance policy and the clauses have shared their roles over time.

Edition Basic Structure of Insurance Policy and Clauses Main Features Practical Turning Points Points to Confirm
ICC1963 Based on the S.G. Policy, interpretation combined the policy wording, marginal clauses, association clauses, and UK law and case precedents Structure focused on traditional terms such as All Risks, W.A. (With Average), and F.P.A. (Free of Particular Average) The policy wording and additional clauses had to be read as one integrated document Do not simply match with current Article numbers
ICC1982 Structure combining the MAR Policy Form with Institute Cargo Clauses that enhanced self-containment Established the fundamental system linked to the current ICC(A), ICC(B), and ICC(C) Systematized coverage, exclusions, period, claims, loss prevention, etc., within the clauses Confirm wording differences even if the basic structure resembles the 2009 edition
ICC2009 Maintained the basic structure of ICC1982 while clarifying terminology, parties, timing, notifications, and more Judgment criteria adapted to modern container and multimodal transport operations Emphasized not only location but also operational purpose, operator, awareness, and chronology Confirm if the Policy or Certificate shows “1/1/09”

Main Reasons for the Need to Revise ICC1982

Practical Changes Common Previous Issues Direction of ICC2009 Revisions Key Facts Reference for Details
Increased complexity of warehouse operations Unclear whether movement within the warehouse occurs before or after insurance commencement Clarify the first movement for transportation start and the immediate loading purpose Purpose of movement, work sequence, loading start time Basic Structure of Insurance Period Clause in ICC2009
Subdivision of final delivery operations Disputes often arise over whether insurance ends at arrival, handover, or unloading Clarify based on completion of unloading from the transport equipment Arrival time, unloading start and completion times Basic Structure of Insurance Period Clause in ICC2009
Packing and stowage by third parties Unclear whether insufficient packing exemption applies uniformly when work is done by parties other than the cargo owner Distinguish insured party, employees, and independent contractors Worker identity, contractual relationship, timing of work Basic Structure of Exemption Clauses in ICC2009
Generalization of container transport Confusion between unseaworthiness of the vessel and unfitness of containers or conveyances Separate provisions for vessel/barges and containers/transport equipment Loading party, condition of equipment, recognition timing Basic Structure of Exemption Clauses in ICC2009
Insolvency of vessel operators Risk of broad exemption interpretation based solely on subsequent bankruptcy Emphasize insured’s awareness or facts reasonably known at loading time Credit information at loading, information on operational suspension Basic Structure of Exemption Clauses in ICC2009
Assignment of insurance policies and cargo Potential unexpected exemptions applying to bona fide buyers or assignees Explicit exception provisions for certain bona fide assignees Sales contracts, good faith, insurance contract assignment ICC2009 Benefit of Insurance Clause
Sale and change of destination during transit “Held covered” often misinterpreted as automatic continuous coverage Clarify notification, premium rates, agreement on terms, and market reasonableness Decision to change, notification, agreement, timeline of loss occurrence ICC2009 Delay Avoidance, Governing Law, and Notification Obligations
Diversification of terrorism risks Focusing solely on political motives makes it difficult to capture modern acts Include wording covering political, ideological, and religious motives Perpetrator, organization, motive, location, transport status Institute Strikes Clauses and Terrorism-Related Clauses

Related Clauses Confirmed in ICC2009

In actual practice, "ICC2009" does not necessarily refer only to ICC(A), ICC(B), and ICC(C). Depending on the transport method, covered perils, and specific endorsements, multiple related 2009 edition clauses are reviewed.

Clause / Article Main Role Relation to Standard Cargo Clauses Period Characteristics Documents to Confirm
Institute Cargo Clauses (A) 1/1/09 Basic conditions covering a wide range of cargo loss and damage except specific exclusions War, strikes, etc. are separately excluded Generally covers from the first movement to the completion of final discharge Policy, Schedule, Certificate, Endorsement
Institute Cargo Clauses (B) 1/1/09 Conditions mainly covering enumerated perils The cause of loss must correspond to an enumerated peril Period structure is basically consistent with other cargo clauses Clause name, effective date, additional peril endorsements
Institute Cargo Clauses (C) 1/1/09 Limited conditions focusing on major transport accidents Enumerated perils are narrower than ICC(B) Period structure is basically consistent with other cargo clauses Clause name, effective date, additional peril endorsements
Institute War Clauses (Cargo) 1/1/09 Addresses war, civil war, hostile acts, certain capture/detention, abandoned weapons, etc. War risks excluded under standard ICC(A)(B)(C) are separately covered Unlike standard cargo clauses, has unique period regulations focused on loading and unloading on ocean-going vessels Attachment of War Clauses, route, additional premium
Institute Strikes Clauses (Cargo) 1/1/09 Covers strikes participants, riots, certain terrorist acts and related motives Risks excluded under ICC(A)(B)(C) are covered separately Period structure corresponds to the cargo clauses Attachment of Strikes Clauses, deductibles, endorsements
Institute Cargo Clauses (Air) 1/1/09 Basic cargo clauses for air cargo Not a direct adaptation of ICC(A)(B)(C) for marine cargo Includes provisions with 30 days after unloading from the aircraft as a reference period Air clause, air waybill, transport segment
Institute War Clauses (Air Cargo) Covers war risks for air cargo Confirmed separately from standard air cargo clauses Confirm period provisions unique to air transport War Air clauses, air transport segment, transshipment
Institute Strikes Clauses (Air Cargo) Covers strikes, terrorism, and related risks for air cargo Complements risks excluded under standard Air clauses Confirm period provisions for air cargo Strikes Air clauses, endorsements
Termination of Transit Clause (Terrorism) 2009 Sets an end date so that terrorism coverage does not continue indefinitely beyond normal transport processes Includes priority over conflicting provisions in existing insurance contracts Check end periods such as 60 days for marine transport and 30 days for air transport Automatic attachment clause, endorsements, policy wording
Insurer-Specific Special Clauses & Endorsements Add, restrict, or modify coverage under standard clauses Standard ICC alone may not finalize the contract terms Confirm individual extension, reduction, or reinstatement conditions Schedule, endorsements, list of endorsements

Basic Relationship Among ICC(A), ICC(B), and ICC(C)

Comparison Item ICC(A) ICC(B) ICC(C) Practical Confirmation Sequence
Fundamental Coverage Structure Covers broad risks except for exclusions Covers enumerated risks Covers more limited enumerated risks Determine applicable conditions first
Cause of Loss Verification Focus on extraneousness, accidentality, and exclusions Confirm causal relationship with enumerated risks Confirm causal relationship with major enumerated risks Condition differences are especially important for unknown causes
Exclusions Check Clauses 4 through 7, etc. Confirm exclusions after enumerated risks apply Confirm exclusions after enumerated risks apply Assess "covered risks" and "exclusions" separately
General Average and Salvage Charges Covered within specified scope Covered within specified scope Covered within specified scope Verify basis for claim separately from physical damage to cargo
War and Strikes Risks Generally excluded under normal conditions Generally excluded under normal conditions Generally excluded under normal conditions Check separately if War and Strikes Clauses are attached
Meaning of "All Risks" Does not mean unconditional coverage of all losses Not used Not used Also confirm period, exclusions, insurable interest, and notification requirements

What Remained Unchanged and What Was Clarified in ICC2009

Issue Basic Structure Maintained Since ICC1982 Clarified Direction in ICC2009 Changes and Potential Misunderstandings Practical Implications
ICC(A)(B)(C) Basic compensation categories based on three conditions Text and judgment elements were organized The condition categories themselves were not newly established Confirm the effective date of the old and new versions
Covered Risks and Exclusions Structure separating the two for assessment Clarified the parties, awareness, and timing relevant to the application of exclusions Exclusions exist even under ICC(A) Do not decide payment solely based on accident cause
General Average and Salvage Charges Basic structure handled in marine cargo insurance Adjusted terminology to a modern context Claims may arise even without cargo damage Check documents like General Average Guarantee separately
Insurance Period Concept linked to the transport process Specifies initial movement, unloading completion, and storage/use of transport equipment Not judged solely by location Record the purpose of operations and timing carefully
War Risks and Strikes Risks Handled as separate clauses from usual cargo risks Defined terrorism and related periods more clearly War and Strikes are not covered under the same clause Individually confirm each additional clause
Loss Prevention and Rights Preservation Structure requiring insured to take reasonable measures Clarified terms such as employees Notifying the insurer alone does not replace preserving rights against third parties Manage Claim Letters and deadlines in parallel
Relationship with Carrier Structure not extending cargo insurance to carrier’s benefit Terms like carrier were clarified Payment of insurance does not automatically extinguish carrier liability Separate confirmation of B/L liability and insurance claims is needed

Main Situations Where ICC2009 is Applied in Practice

Situation Reason to Check ICC2009 Primary Documents to Verify Main Parties Involved Additional Checks Needed
Application for Marine Cargo Insurance To select ICC(A), (B), (C) and endorsements Quotation, application form, master contract terms Policyholder, insurer, insurance broker Cargo, route, packing, transport mode, insured amount
Issuance of Individual Certificate To confirm which master contract terms apply to individual shipments Certificate, Schedule Policyholder, exporter, buyer, bank Clause date, War Risks, Strikes Risks, endorsements
Letter of Credit (L/C) Transactions To align insurance conditions and documents with L/C requirements L/C, Certificate, Insurance Policy Exporter, importer, bank, insurer Insured amount, currency, signatures, endorsements, covered risks
CIF and CIP Transactions To confirm seller’s insurance obligations and actual clause terms Sales contract, Invoice, Certificate Seller, buyer, insurer Risk transfer under Incoterms, insurable interest
Cargo Damage Incidents To verify insurance period, covered risks, exclusions, claimant Policy, Certificate, incident records Insured, insurer, surveyor Liability under B/L, notification deadlines, damage amount
Shipping Line Insolvency Exclusion To confirm awareness requirements under Clause 4.6 and the impact on continuation of transit Policy, credit information, loading records Shipper, freight forwarder, NVOCC, insurer Termination of the contract of carriage, forwarding costs, alternative transport
Change of Destination or Resale Because notice, premium adjustment, and agreement on conditions may be required Policy, change instructions, communications with insurer Insured, buyer, insurer, freight forwarder Decision maker for change, timing of change, timing of any damage
War, Strikes, and Terrorism Incidents To confirm separate war and strikes clauses and applicable periods from standard cargo clauses War and Strikes Clauses, endorsements Insured, insurer, carrier Cause of incident, cargo location, normal transport process
Air Cargo Incidents To check air cargo conditions instead of marine ICC clauses Air Certificate, Air Waybill Shipper, airline, freight forwarder, insurer 30-day clause, air leg, land connection transport

Prerequisites and Exclusions for Applying ICC2009 to Individual Incidents

Check Item Prerequisites Necessary for Application Judgment Insufficient by That Fact Alone Matters Not Judged in This Article Practical Response
Applicable Version Policy or similar specifies 1/1/09 or 2009 version Explanation that ICC2009 is normally used internally only Final interpretation of contracts without specified clauses Verify contract documents and issuance records
Basic Conditions Specific identification of ICC(A), ICC(B), ICC(C), Air, etc. General designations such as "All Risks" or "marine cargo insurance" only Whether the insured peril applies to the specific incident cause Obtain condition names and clause dates
Additional Clauses Identifiable presence of War, Strikes, Terrorism, or other special clauses Fact that ICC(A) is attached only Final legal classification of war or terrorist acts Check endorsements and list of clauses
Insurance Period Chronological sequence of cargo movement, loading, unloading, and storage purposes Date of damage discovery or warehouse arrival only Determination of the precise timing of the individual incident Secure work records, GPS data, EIR, and warehouse records
Covered Perils Organization of the incident cause or reasonable candidate causes Fact that cargo is damaged only Proof and evaluation of unknown cause damage Secure survey reports, photos, temperature and impact records
Exclusions Confirm packer, loader, awareness, timing, and causality Fact that there are visible packaging issues only Final judgment on exclusion validity Organize specifications, work instructions, and contract relationships
Insurable Interest Confirm who bore economic loss at damage occurrence Only the name on the Certificate or the Consignee name on the B/L Final judgment on rights attribution under sales contract Verify sales contracts, payments, risk transfer, and assignments
Notification to Insurer Confirm timing of anomaly recognition and notification Fact that incidents were reported collectively later only Legal effect of delayed notification Save transmission times, acknowledgments, and responses
Third-Party Liability Separate notification and rights protection toward carriers, etc. Fact that the insurer was notified of the incident only Liability and liability share on the B/L Manage Claim Letters, notification deadlines, and limitation periods

Documents to Check First in the Insurance Contract

Whether ICC2009 applies is confirmed not only by the Clause text itself but also by combining the review of individual insurance contract documents.

Document Main Items to Confirm Items That May Not Be Stated Notes Next Document to Check
Insurance Policy Basic contract terms, insured party, insurer, governing law, etc. Cargo and route details for each individual shipment Check not only the front but also the reverse side and attached clauses Schedule, Endorsement
Schedule Applicable conditions, cargo, route, insured amount, deductibles, etc. The full text of the standard Clauses Confirm any special conditions, deletions, or substitutions Clause text, Endorsement
Insurance Certificate Individual cargo, transport section, insured amount, basic conditions All special terms and all deductibles of a blanket contract Do not finalize the entire contract based on the Certificate alone Blanket Policy, Open Cover
Endorsement Additions, limitations, deletions of coverage, period extensions, destination changes, etc. Original full text of the standard Clauses Check the relationship where Endorsements conflict with standard Clauses Original Policy, Clause text
Institute Clauses text Covered risks, exclusions, period, claims, loss prevention, governing law Modifications by individual contracts Do not confuse the versions dated 1/1/82 and 1/1/09 Endorsement, Special Clauses
Quotation / Application Form Declared cargo, route, packing, mode of transport, selected conditions Conditions not reflected in the final contract Check discrepancies between application details and issued contract Policy, Certificate
L/C or Sales Contract Insurance requirements, insured amount, assignment, risk transfer Conditions actually accepted by the insurer Distinguish contract requirements from issued insurance terms Certificate, Policy
B/L, Sea Waybill, Air Waybill Transport section, carrier, transshipment, consignee, transport terms Coverage terms of marine cargo insurance Do not confuse the transport contract with the insurance contract Policy, Incident Records

Confirmation Flow for Applying ICC2009 to Individual Claims

Step Items to Confirm Main Documents Next Decision
1 Identify the insurance contract and individual Certificate Policy, Certificate, Insurance Number Which contract applies?
2 Confirm whether ICC1982 or ICC2009 applies, including the relevant dates Schedule, List of Clauses Which version is applicable?
3 Check the basic terms such as ICC(A), (B), (C), or Air Policy, Certificate What is the entry point of insured perils?
4 Confirm the presence of War, Strikes Risks, Terrorism, or other endorsements Endorsements, List of Additional Clauses Are any risks outside standard terms attached?
5 Chronologically organize the incident location and cargo movement B/L, EIR, Warehouse Records, Delivery Records Was it within the insurance period?
6 Sort out the cause or possible cause of the incident Survey, Photographs, Temperature and Impact Records Does it fall under insured perils?
7 Review exclusion clauses and special Clauses Clause Text, Packing Data, Credit Information Is there a causal link between exclusion cause and damage?
8 Confirm insurable interest, assignment, and claimant Sales Contract, Invoice, Endorsement on Insurance Certificate Who is entitled to claim insurance proceeds?
9 Check insurer notifications, loss mitigation, and rights preservation towards third parties Notification Emails, Claim Letter, Receipt Records Are there procedural issues?
10 Separate consideration of marine cargo insurance and carrier/NVOCC liability B/L Back Clauses, Standard Trading Conditions How to coordinate insurance claims and liability pursuit?

Main Revision Directions in ICC2009

Individual wording comparisons are covered in the "Main Changes in ICC2009 Clauses" and respective Article pages. This article organizes only the overall common directions of the revisions.

Revision Direction Main Issues Key Factors Emphasized in ICC2009 Practical Records Detailed Article
From Location to Purpose of Operations Insurance Commencement Is it the first movement for starting transport? Work instructions, loading schedule, timing Insurance Period Clause
From Arrival to Completion of Unloading Insurance Termination Has unloading from the final transport unit been completed? Arrival and unloading completion records Insurance Period Clause
Distinguishing the Operators Packing, Preparation, Container Stowage Whether insured party, employee, or independent contractor Order forms, operation contracts, staff records Exemptions Clause
Clarification of Timing of Awareness Insolvency, Unseaworthiness, or Unfitness What was known at the time of loading? Credit information, inspection reports, internal communications Exemptions Clause
Separation of Covered Objects Vessels/Barges vs Containers/Transport Units Subject, stowing party, before or after risk begins Vessel information, Equipment Interchange Receipt (EIR), equipment logs Exemptions Clause
Specification of Notices and Agreements Transport Interruption, Change of Destination Notices, continuation requests, agreement on rates and conditions Emails, change instructions, insurer responses Notice Obligations and Insurance Period Clause
Protection of Bona Fide Transferees Exceptions to the Insolvency Exclusion and the Unseaworthiness or Unfitness Exclusion Good faith, binding sales contracts, assignment of insurance Sales contracts, endorsements, assignment records ICC2009 Benefit of Insurance Clause
Modern Concept of Terrorism Strikes Clauses, etc. Political, ideological, or religious motives Incident reports, cargo location, transport status War and Strikes Risks Articles

Review of the Term "held covered"

In ICC1982, the insurance market term "held covered" was used regarding changes in the destination, among other things.

"Held covered" did not mean that coverage would continue unconditionally and automatically under the original terms if an unexpected change occurred. It was structured on assumptions such as prompt notification, additional premiums, and agreed conditions.

In ICC2009, instead of relying on the short term "held covered," it explicitly requires prompt notification of the destination change to the insurer and agreement on the applicable rates and conditions.

Comparison Item ICC1982 ICC2009 Practical Meaning
Core Expression held covered Directly stipulates agreement on rates and conditions Coverage continuation is not judged by terminology alone
Notification Prompt notification assumed Prompt notification of destination change required Post-event notification after change is not automatically accepted
Premium and Conditions Agreement on additional premium and conditions Agreement on rates and conditions Notification alone does not complete contract amendment
Accident Before Agreement Judged based on interpretation of held covered Confirmation of whether underwriting was possible under reasonable market rates and conditions Not unconditional retroactive coverage
Shipment to a Different Destination Unknown to the Insured Limited independent explicit provisions Distinguished as Clause 10.2 Not to be confused with the insured’s own destination change

Reasons for Separately Confirming Terrorism Risks

In ICC(A), ICC(B), and ICC(C), war, strikes, riots, and terrorist acts are stipulated separately from typical cargo perils.

The Institute Strikes Clauses (Cargo) 1/1/09 include wording covering not only terrorism related to certain organizations but also acts carried out by individuals motivated by political, ideological, or religious reasons.

However, even when terrorism risks are included, coverage does not continue indefinitely after the cargo has moved into storage outside the normal transport process. It is necessary to check the termination of coverage, including under the Termination of Transit Clause (Terrorism) 2009 or any specific Endorsements.

Therefore, in cases involving terrorism, it is important to separately verify not only the nature of the acts but also which clauses are attached, the location of the cargo, and whether it remained within the regular transport process.

Common Practical Issues

Case Main Dispute Points Documents to Check Initial Response
Certificate only states "ICC(A)" Whether it is the 1982 or 2009 version; whether War or Strikes Clauses are attached Master Policy, Schedule, Certificate issuance records Confirm the Clause edition date and attached Clauses list with insurer
Cargo toppled before truck loading inside warehouse Whether this was the first movement starting transportation Work instructions, truck arrival logs, surveillance footage Record purpose of movement and continuous sequence up to loading
Cargo fell during unloading at final warehouse Whether it occurred before unloading completion and within insurance period Delivery slips, unloading times, accident photos Record arrival time and unloading completion time separately
Cargo damaged after repacking by an independent packer Worker identity, timing before/after risk commencement, causal link to inadequate packing Repacking order form, photos, specifications, work time records Clarify whether independent contractor or employee based on contract relationships
Cargo detained at transshipment port due to ship operator insolvency Awareness at loading, discontinuation of carriage, continued coverage, transshipment expenses Loading date, credit information, service suspension notice, insurer correspondence Notify insurer promptly and confirm terms before transshipment
Heavy cargo damaged due to container floor defect Container unfitness, party responsible for loading, awareness, carrier liability EIR, container photos, stowage plan, weight documents Separate consideration of insurance exclusions and container provider’s responsibility
Destination changed due to mid-transport resale Notification under Clause 10.1, agreement on rates and terms, insurance period Change instructions, sales contract, insurer notification Contact insurer before moving to the new destination
Cargo deteriorated during storage amid port strike Whether physical damage resulted from strike actions or was merely delay/labor shortage Incident reports, temperature logs, storage records, Strikes Clauses Separate direct physical damage from delay losses
Cargo kept in warehouse for extended period after a terrorist incident Normal transport process, Termination of Transit Clause, delay exemptions Cargo location, storage purpose, Endorsements Confirm cause of coverage and period end separately

Scope of Freight Forwarder's Involvement

Operational Scene What the Freight Forwarder Can Assist With What the Freight Forwarder Should Not Decide Main Contact Parties Practical Response
Insurance Terms Confirmation Collection of Certificate, Policy, Clause date, etc. Legal interpretation of the overall insurance contract Shipper, Insurer, Insurance Agent Confirm not only the notation of ICC(A) but also the date 1/1/09
Transport Route Confirmation Chronological arrangement of vessel, transshipment ports, inland transport, warehouse Final judgment on applicability of the insurance period Carrier, Warehouse, Delivery Company, Insurer Obtain arrival, departure, and cargo handling records by section
Packing and Stowage Collection of workers, ordering relations, photos, and specifications Determination of liability exclusion due to insufficient packing Shipper, Packer, Warehouse, Insurer Clarify who performed the work and when
Container Condition Collection of EIR, PTI, setting values, external photos Determination of the unfitness exclusion or carrier liability Shipping Line, NVOCC, Depot, Warehouse Compare condition at handover and return
Change of Destination Organize change instructions, decision time, alternative routes Judgment that coverage continues even without notification Shipper, Insurer, Carrier Encourage contact with the insurer before execution
Accident Notification Coordination of accident summary, cargo location, relevant documents Decision on insurance payment eligibility or liability exclusions Insured, Insurer, Surveyor Report facts separately from assumptions
Claims Against Third Parties Support in sending Claim Letters, document collection, deadline management Determination of liability ratio, compensation amount, and legal responsibility Carrier, NVOCC, Warehouse, Experts Preserve rights separately from insurer notification
War and Strikes Risks Reports on route, ports of call, transport interruption, cargo location Determination that the event qualifies as War or Strikes Insurer, Carrier, Shipper Separate and organize cause, location, time, and transport status

Practical Scenario 1: When the L/C Specifies ICC(A) but No Clause Date is Provided

Consider a case where the Letter of Credit requires ICC(A), and the Certificate also states ICC(A), but there is no indication of 1/1/82 or 1/1/09.

In this situation, the mere designation ICC(A) does not clarify which version applies regarding the insurance period, packaging exemption, insolvency exemption, or changes in the destination.

It is necessary to check the comprehensive policy, schedule, Certificate issuance conditions, and the insurer’s list of Clauses to identify the applicable version. Also, fulfilling the insurance conditions required by the L/C and confirming that the 2009 version is actually applied in the insurance contract should be verified separately.

Practical Scenario 2: Cargo Topples During Initial Movement Inside the Warehouse

Consider a case where a machine scheduled for shipment topples over while being moved by forklift from its storage location inside the warehouse to the truck loading area.

Under ICC2009, it is important to confirm not only whether the cargo has left the building, but also whether this movement was the initial movement for immediate loading to commence transit.

If the truck arrival, shipping instructions, start of work, movement, and loading proceed continuously, it may be considered that the insurance period has already begun, even within the warehouse. Conversely, if the movement is for restacking, inspection, processing, or preparation for shipment the next day, the same conclusion does not apply.

Practical Scenario 3: Repacking by an Independent Packer During Transportation

Consider a case where external packaging damage is discovered after the start of transit, and the cargo is repacked by an independent packer at an intermediate warehouse, after which the cargo shifts.

When examining the exclusion for inadequate packing, it is necessary to confirm not only the quality of the packing but also whether the person performing the work is an employee of the insured or an independent contractor, and whether the work was done before or after the insurance risk commenced.

The fact that an independent contractor performed the work after the risk commenced does not automatically confirm coverage payment. The inherent nature of the cargo, normal wear and tear, other exclusions, external impact, and the responsibility of the worker must also be reviewed separately.

Practical Scenario 4: When There Were Concerns About the Carrier’s Creditworthiness Before Loading

Consider a case where information about a suspension of operations, unpaid fuel costs, unpaid port charges, etc., had already surfaced before cargo loading, and later the voyage was interrupted due to the carrier’s insolvency.

Under ICC2009, it is not enough that insolvency occurred afterward; it is necessary to confirm whether the insured party knew of these circumstances at the time of loading, or reasonably should have known them during normal business processes.

Freight forwarders and cargo owners need to retain warnings received, notifications from shipping lines, industry information, records of alternative vessel considerations, and organize who obtained which information and when.

Practical Scenario 5: Change of Destination Due to Resale During Transit

Consider a case where cargo is resold after the voyage has commenced, resulting in delivery to a different port or city from the originally intended destination.

When the insured changes the destination, prompt notification to the insurer and agreement on the revised rates and conditions are essential. Simply instructing the carrier to change the destination does not complete the adjustment of the marine cargo insurance terms.

The timeline for the decision to change, notification to the insurer, insurer’s response, instructions to the carrier, commencement of cargo movement, and occurrence of any damage should be established. If an incident occurs before agreement is reached, it should not be assumed that the original conditions automatically remain in effect.

Common Misunderstandings

Common Misunderstanding Actual Concept Practical Notes
ICC refers to trade terms established by the International Chamber of Commerce Here, ICC is an abbreviation for Institute Cargo Clauses Do not confuse with the International Chamber of Commerce that handles Incoterms
ICC2009 is a completely different clause from ICC1982 ICC2009 maintains the basic structure of ICC1982 and clarifies interpretation criteria Compare not only clause numbers but also wording between the old and new versions
ICC(A) covers all accidents unconditionally There are requirements such as insurance period, exclusions, insurable interest, and notifications Do not understand All Risks as unconditional coverage of all damage
ICC(A) automatically includes war risks and strikes risks Standard cargo clauses exclude war, strikes, etc.; separate clauses should be checked Confirm the attachment of War and Strikes Clauses
If the Certificate states ICC(A), it means the 2009 version Both 1982 and 2009 versions include ICC(A) Check the date shown, such as 1/1/82 or 1/1/09
Insurance does not start while cargo is in the warehouse If it is the first movement for immediate loading, the warehouse can also be the start point Confirm the purpose of movement and continuous nature of operations rather than the location alone
Insurance ends the moment cargo arrives at the final warehouse Under ICC2009, the end point is typically when unloading from the means of transport is completed Record arrival, start of unloading, and unloading completion separately
Poor packing always results in exclusion regardless of who performed the operation Check who carried out the work, timing, whether it was before or after the risk commenced, and causality Distinguish between employees of the insured and independent contractors
If the shipping line becomes insolvent, coverage is automatically excluded Check the insured’s awareness at the time of loading or circumstances they should have known Organize information based on the loading time, not the date of insolvency
Held covered means coverage automatically continues This requires notification, additional premiums, and agreement on conditions Distinguish between notification and finalization of the coverage terms
All terrorism risks are treated as war risks War, Strikes, and terrorism-related clauses should be reviewed separately Check causes, motives, attached clauses, and insurance period separately
Reporting the accident to the insurer automatically preserves the claim deadline against the carrier Notification to the insurer and preserving rights against the carrier are separate procedures Manage the Claim Letter, notification deadlines, and limitation periods independently

Decision Checklist

Confirmation Scenario Counterparty to Confirm Items to Confirm Action If Issues Are Found
Identification of Insurance Contract Policyholder, Insurer, Insurance Broker Policy number, Certificate number, Insured cargo Cross-check issuance records with master contract
Identification of Clause Version Insurer, Insurance Broker Whether 1/1/82 or 1/1/09 version Confirm applicable clause in writing
Identification of Basic Conditions Insurer, Policyholder ICC (A)(B)(C), Air, etc. Confirm based on issued contract, not quotation
Confirmation of Endorsements Insurer, Insurance Broker War, Strikes, Terrorism, special clauses Obtain endorsements and list of attached clauses
Confirmation of Accident Location Warehouse, Carrier, Freight Forwarder Initial movement, loading, transshipment, unloading, storage Compile operational records into a chronological table
Confirmation of Cause of Accident Surveyor, Warehouse, Carrier External accident, packaging, temperature, humidity, shock, etc. Preserve evidence without concluding a single cause
Confirmation of Packaging and Stowage Shipper, Packer, Warehouse Operators, specifications, timing, contractual relations Distinguish between employees and independent contractors
Confirmation of Vessel/Container Condition Shipping Line, NVOCC, Depot, Warehouse Unseaworthiness or unfitness, defects, and awareness Secure EIR, PTI, photographs, and abnormality notices
Confirmation of Destination Change Shipper, Buyer, Insurer, Carrier Decision maker, notification, agreed rates/conditions Notify insurer before executing changes
Confirmation of Insurable Interest Seller, Buyer, Bank, Insurer Risk transfer, sales contract, assignment, economic loss Clarify substantive financial burden, not just the name
Accident Notification Insurer, Surveyor Time of awareness, notification time, cargo location, loss prevention Submit first report even if some details remain unclear
Protection of Third-Party Rights Carrier, NVOCC, Warehouse, Delivery Company Claim Letter, notification deadlines, liability limits, limitation period Start deadline management in parallel with insurance claim

How to Read the Series Articles by Purpose

Purpose / Situation Article to Read First Article to Read Next Reason for This Order
Want to understand the overall picture of ICC2009 Overview of ICC2009 Clause Evolution and Revisions Main Changes in ICC2009 Clauses To review history and clause framework before examining wording differences
Cargo incident has occurred Basic Structure of ICC2009 Insurance Period Clause Coverage Clauses, Exclusion Clauses, Notification Obligations To confirm if the incident occurred within the insurance period before reviewing covered risks and exclusions
Unknown cause of damage was found Basic Structure of ICC2009 Coverage Clauses Insurance Period Clause, Exclusion Clauses The entry point for cause of loss proof differs in ICC(A), (B), and (C)
Packing or stowage was pointed out as the cause Basic Structure of ICC2009 Exclusion Clauses Insurance Period Clause, Freight Forwarder Liability Article To clarify the parties and timing involved before examining liability relationships
Transport stopped due to shipping line insolvency Basic Structure of ICC2009 Exclusion Clauses Insurance Period Clause, Claim Clause, Notification Obligations To sequentially verify awareness requirements, termination of transport, and forwarding costs
Want to change the destination ICC2009 Delay Avoidance, Governing Law, Notification Obligations Basic Structure of ICC2009 Insurance Period Clause To confirm notification and agreement of conditions before implementing the change
Want to confirm the claimant in an insurance claim ICC2009 Benefit of Insurance Clause Basic Structure of ICC2009 Claim Clause To organize insurable interest, assignment, and claimant details first
Want to claim damages from the carrier ICC2009 Benefit of Insurance Clause B/L Back Clauses, NVOCC Liability, Notification Deadlines & Limitation Period Articles To separate marine cargo insurance and carrier liability

Summary

The ICC2009 Clauses are a set of Institute Clauses issued in 2009 that retain the basic structure of ICC1982 while organizing criteria and terminology to address modern container transport, multimodal transport, third-party operations, shipping line insolvency, changes in destination, terrorism risks, and other issues.

When understanding the amendments in ICC2009, it is important not simply to assess whether coverage has been broadened or narrowed. Rather, the key change is the shift to a structure that allows verification in chronological order of who performed operations, when they were performed, what the insured knew, when the cargo was first moved and when unloading was completed, and when the insurer was notified.

In actual contracts, it is necessary to check not only ICC(A), ICC(B), and ICC(C) but also the Institute War Clauses, Institute Strikes Clauses, clauses for air cargo, the Termination of Transit Clause (Terrorism) 2009, and any insurer-specific endorsements.

Moreover, the mere indication of ICC(A) on the Certificate does not confirm whether it is the 1982 or 2009 version, whether war or strikes risks are included, or what modifications have been made to the standard clauses. It is essential to review the Policy, Schedule, Certificate, Endorsements, and the clause text collectively.

In cargo incidents, one should sequentially confirm the applicable version, basic terms, additional clauses, insurance period, covered perils, exclusions, insurable interest, and notification requirements. Subsequently, the liability of the carrier named on the B/L, NVOCC liability, freight forwarder liability, and warehouse operator liability should be examined as separate contractual relationships.

After grasping the history and overall structure of ICC2009 in this article, you can systematically review the ICC2009 Clauses by proceeding to articles on “Main Changes in ICC2009 Clauses,” coverage clauses, insurance period clauses, claims clauses, exclusion clauses, the ICC2009 Benefit of Insurance Clause, and delay avoidance, governing law, and notification obligations.

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