Covered Risks and Insurance Conditions in Marine Cargo Insurance
Overview
Covered risks and insurance conditions determine which causes of physical loss of or damage to cargo are insured during international transportation.
It is not sufficient merely to confirm that cargo insurance exists. The applicable ICC(A), ICC(B), ICC(C), ICC(Air), Institute War Clauses, Institute Strikes Clauses, and individual extensions or endorsements must be identified.
The same apparent wet damage, fire, theft, or non-delivery may fall under different wordings depending on its cause. Wet damage may result from seawater entry, rain, condensation, leaking pipes, firefighting water, temperature change, or insufficient packing. These causes are not treated as one insured peril.
ICC(A) is commonly described as all-risks cover, but it does not insure every economic loss without limitation. Insufficient packing, inherent vice, ordinary leakage or wear, delay, war, and strikes, riots, and terrorism remain subject to exclusions and separate wordings.
This article uses a cause-of-loss analysis to identify the applicable wording. Detailed comparison of ICC(A), ICC(B), and ICC(C), duration of cover, and the historical development of ICC(2009) are delegated to the relevant specialist articles.
Scope of This Article
| Item | Matters Covered in This Article | Matters Covered in Other Articles |
|---|---|---|
| Overall covered-risk structure | The functions of ordinary marine, War, Strikes, and additional cover | Institute Cargo Clauses 2009 addresses the complete clause system |
| ICC(A), ICC(B), and ICC(C) | Basic differences required to classify a casualty | The article comparing ICC(A), ICC(B), and ICC(C) addresses the listed perils in detail |
| Revision to ICC(2009) | Only the changes necessary to understand current covered risks | Main Changes in Institute Cargo Clauses 2009 addresses the revision from ICC(1982) |
| Duration | Only the fact that basic ICC, War, and Strikes duration may differ | Duration of Marine Cargo Insurance addresses attachment and termination in detail |
| General exclusions | Principal exclusions relevant to the covered-risk analysis | Specialist exclusion articles address each exclusion |
| War risks | Basic classification of war, civil war, hostile acts, and derelict weapons | The Institute War Clauses article addresses duration, cancellation, and route underwriting |
| Strikes risks | Physical loss caused by strikers, riots, civil commotions, and terrorism | The Institute Strikes Clauses article addresses individual requirements and duration |
| Additional cover | Situations requiring TPND, Malicious Damage, Piracy, or other extensions | Individual articles address each extension in detail |
| Letters of credit and sales contracts | Comparison of specified and actually issued insurance conditions | The insurance-document discrepancy article addresses bank examination |
| Casualty handling | Initial identification of the wording responding to the cause of loss | The marine cargo claims article addresses notification, proof, and claim procedure |
| Carrier liability | The distinction between cargo-policy cover and carrier liability | The cargo claim against carriers article addresses liability and limitation |
Situations Where This Analysis Applies
| Situation | Purpose of Review | Main Conditions to Review | Practical Caution |
|---|---|---|---|
| Insurance arranged for an individual shipment | Select covered risks appropriate to the cargo, route, and transport | ICC(A), ICC(B), ICC(C), War, Strikes, and extensions | Review excluded causes rather than comparing premium alone |
| Declaration under an open cover | Confirm whether the cargo and route fall within the agreed conditions | Open-cover terms, excluded cargo, and individual-approval requirements | Special cargo or routes may not qualify for the ordinary rate and terms |
| Seller-arranged insurance under CIF or CIP | Satisfy the insurance requirements of the sales contract | Required ICC condition, War, Strikes, sum insured, and transit | Distinguish the seller's minimum obligation from the buyer's actual insurance needs |
| Buyer-arranged insurance under FOB or FCA | Insure cargo after the contractual transfer of risk | Attachment, inland transit, theft, and handling extensions | Avoid a gap before vessel loading or after delivery to the first carrier |
| Issuing an insurance document under a letter of credit | Align the policy with the credit requirements | ICC, War, Strikes, extensions, currency, and sum insured | Commercially adequate cover may still create a documentary discrepancy |
| Selecting ICC(B) or ICC(C) | Identify frequent casualty causes omitted from the named perils | TPND, RFWD, Breakage, Contamination, and Piracy | Review the actual transport stage where damage is likely to occur |
| Adding War or Strikes cover | Restore risks excluded by the basic ICC | Institute War Clauses and Institute Strikes Clauses | Area, duration, premium, and cancellation may differ from basic ICC |
| Considering a claim after a casualty | Classify the cause under an insured peril or exclusion | Basic ICC, War, Strikes, extensions, and exclusions | Identify the actual cause rather than the apparent damage |
| Renewing or restructuring insurance conditions | Compare historical causes of loss with gaps in the present cover | Cause-specific Loss Record, current clauses, and deductible | Distinguish lower pricing from reduced cover |
| A freight forwarder communicates shipment information | Provide the facts required for underwriting | Cargo, packing, conveyance, route, transshipment, and storage | Distinguish factual communication from product recommendation or placement |
Situations Where This Analysis Does Not Apply Without Modification
| Situation | Reason the General Analysis Does Not Apply Directly | Contract or Condition to Review First | Required Response |
|---|---|---|---|
| Domestic transit insurance | Domestic wording rather than international ICC applies | Domestic transit policy and endorsements | Do not substitute ICC(A), ICC(B), or ICC(C) mechanically |
| Insurer-specific English or Japanese wording | Standard ICC may have been replaced or materially amended | Policy, proprietary wording, and endorsements | Compare each clause with the standard ICC |
| ICC(1982) or former wording | Covered risks, exclusions, and terminology differ from ICC(2009) | Clause title, edition date, and MAR or S.G. form | Do not apply the current ICC(2009) explanation unchanged |
| Refrigerated or frozen cargo | Temperature change, machinery stoppage, and delay may be governed by commodity wording | Frozen Food Clauses, Temperature Clause, and machinery-breakdown condition | Review temperature and stoppage requirements individually |
| Used goods or used machinery | Pre-existing damage, rust, wear, and repair limitations may be specially addressed | Used Machinery Clause, Survey Warranty, and Replacement Clause | Preserve pre-shipment condition and survey evidence |
| Bulk liquid or chemical cargo | Contamination, previous cargo, tank cleaning, and natural loss require specialist terms | Bulk Oil Clauses, contamination conditions, and tank certificates | Review tank history and previous cargo |
| Project cargo or heavy lifts | Deck carriage, towage, heavy-lift operations, and Marine Warranty Survey may be conditions | Project Cargo Endorsement, MWS Warranty, and On-Deck conditions | Do not determine cover solely from standard ICC |
| Air cargo | ICC(Air) and air-specific duration and handling apply | Institute Cargo Clauses (Air), AWB, and handling records | Do not apply the sea-cargo ICC(B) and ICC(C) comparison directly |
| Postal or courier cargo | The insured transit and proof of custody may differ from ordinary cargo insurance | Postal wording, courier contract, and individual insurance terms | Confirm the transport party, receipt evidence, and applicable compensation system |
| Inventory or warehouse storage after transit | Property or warehouse insurance rather than the Transit Clause applies | Warehouse and property policies | Do not rely solely on an extension to transit insurance |
| Carrier liability insurance | Cargo insurance and the carrier's legal or contractual liability are separate systems | Contract of carriage, B/L conditions, and liability policy | Do not transfer cargo-policy covered-risk analysis directly to carrier liability |
| Sanctions, trade restrictions, or administrative restraint without physical loss | The issue may concern trading ability or delay rather than an insured cargo peril | Sanction Clause, trade law, and administrative order | Distinguish physical loss from delay, cost, or inability to trade |
Why the Peril Groups Are Separated
Marine cargo insurance does not place ordinary transport casualties, war and armed conflict, and strikes, riots, and terrorism into a single undifferentiated wording.
Ordinary transport risks may be assessed by reference to cargo, packing, mode of transport, route, handling, and storage. War, riots, and terrorism may concentrate losses within a specific area, change rapidly, and require revised underwriting, additional premium, cancellation, or geographical restrictions.
The basic ICC therefore excludes War and Strikes risks, which may be added through Institute War Clauses or Institute Strikes Clauses where required.
The separation affects more than the title of the wording. Cause of loss, duration, additional premium, cancellation, notice, and geographical availability may differ.
Basic Structure of Covered Risks
| Risk Group | Main Wording | Principal Subject | Treatment under Basic ICC | Practical Caution |
|---|---|---|---|---|
| Ordinary cargo risks | ICC(A), ICC(B), or ICC(C) | Fire, collision, water damage, breakage, and other transit losses | Depends on the selected ICC condition | A, B, and C use different coverage structures |
| Air-cargo risks | ICC(Air) | Loss or damage during air and related transit | Uses air-cargo all-risks wording | Its structure differs from sea-cargo B and C conditions |
| War risks | Institute War Clauses | War, civil war, hostile acts, specified seizure, and derelict weapons | Excluded under basic ICC | Duration differs materially from basic ICC |
| Strikes risks | Institute Strikes Clauses | Acts of strikers, riots, civil commotions, terrorism, and motivated persons | Excluded under basic ICC | Labour shortage and delay remain separate issues |
| Additional insured risks | TPND, Malicious Damage, Piracy, and other extensions | Specified risks insufficiently covered under the basic condition | Not necessarily included automatically | Confirm the actual wording and endorsement |
| Commodity conditions | Frozen-food, used-goods, machinery, and bulk clauses | Commodity-specific perils, valuation, repair, and replacement | May amend the standard ICC | Individual wording may prevail over the basic condition |
Basic Difference between ICC(A), ICC(B), and ICC(C)
| Condition | Coverage Structure | Main Characteristic | Principal Casualty Review | Typical Caution |
|---|---|---|---|---|
| ICC(A) | All risks except excluded risks | Broad cover for physical loss of or damage to cargo | Loss, duration, exclusion, and causation | All risks does not mean every type of loss |
| ICC(B) | Named-perils cover | Includes major casualties, earthquake, volcanic eruption, lightning, washing overboard, and water entry | Whether the loss is reasonably attributable to a listed peril | Theft, ordinary breakage, and rain damage are not necessarily included |
| ICC(C) | Narrower named-perils cover | Focuses on fire, grounding, sinking, overturning, collision, general average sacrifice, and jettison | Whether the loss falls within its limited list | Ordinary handling damage, wet damage, and theft may be insufficiently covered |
| ICC(Air) | Air-cargo all-risks cover | Broad physical-loss cover subject to exclusions | Air transit, related stages, exclusions, and duration | Separate conditions may apply to postal sendings |
Under ICC(A), the analysis generally focuses on whether physical loss or damage occurred during the insured period and whether an exclusion applies.
Under ICC(B) and ICC(C), it is also necessary to show that the loss is reasonably attributable to a peril listed in the wording.
A dent caused by a vehicle collision may fall within ICC(B) or ICC(C). A similar dent caused by ordinary handling or vibration without a listed casualty may not.
Difference between the Named Perils under ICC(B) and ICC(C)
| Peril | ICC(B) | ICC(C) | Practical Meaning |
|---|---|---|---|
| Fire or explosion | Covered | Covered | The cause must not be an excluded peril |
| Stranding, sinking, or capsizing | Covered | Covered | The damage must be reasonably attributable to the casualty |
| Overturning or derailment of land conveyance | Covered | Covered | Distinguish overturning from vibration or sudden braking |
| Collision or contact with an external object | Covered | Covered | Contact with water is excluded from this listed peril |
| Discharge at a port of distress | Covered | Covered | Causation by the emergency discharge remains relevant |
| Earthquake, volcanic eruption, or lightning | Covered | Not listed | ICC(C) may be insufficient unless another listed peril applies |
| General average sacrifice | Covered | Covered | Distinguish it from general average contribution |
| Jettison | Covered | Covered | Coverage does not depend solely on formal general average |
| Washing overboard | Covered | Not listed | Review deck-stowage conditions and declarations |
| Entry of sea, lake, or river water | Covered | Not listed | Distinguish rain, condensation, and pipe leakage |
| Total loss of a package lost overboard or dropped during loading or unloading | Covered | Not listed | The wording requires total loss of the relevant package |
The water-entry peril under ICC(B) does not mean that every type of wet damage is insured. Sea, lake, or river water must be distinguished from rain, condensation, leaking pipes, firefighting water, and moisture generated by temperature change.
Principal Exclusions Requiring Review Even under All-Risks Cover
| Exclusion | Basic Effect | Example | Facts to Review |
|---|---|---|---|
| Wilful misconduct of the Assured | Excludes deliberate loss caused by the Assured | Intentional destruction of cargo | Actor, instruction, motive, and authority |
| Ordinary leakage, loss in weight, or wear | Excludes normal reduction or deterioration | Natural evaporation or ordinary wear | Abnormal casualty or ordinary process |
| Insufficient or unsuitable packing | Excludes specified packing-related loss | Machine overturning because of inadequate securing | Party, timing, and suitability for ordinary transit |
| Inherent vice or nature | Excludes loss arising from the cargo's own nature | Self-heating, natural decay, or spontaneous deterioration | External event, cargo properties, and temperature records |
| Delay | Excludes delay loss even where delay follows an insured peril | Late delivery, market fall, or penalty | Physical damage or pure time loss |
| Insolvency or financial default | May exclude specified loss where relevant knowledge existed | Interrupted voyage or retention of cargo | Knowledge, assignee status, and effect on prosecution of voyage |
| Unseaworthiness or unfitness | May exclude specified loss where the Assured was privy to the condition | Wet damage from an unsuitable container | Loading party, knowledge, and good-faith assignee |
| War | Excludes war, civil war, hostile acts, and related risks | Armed attack or derelict mine | War wording and duration |
| Strikes, riots, and terrorism | Excludes loss caused by specified actors or motives | Warehouse fire set by rioters | Strikes wording and cause of loss |
| Nuclear and radioactive risks | Excludes specified nuclear weapons or devices | Contamination caused by a nuclear weapon | Additional radioactive and CBRN exclusions |
A loss apparently falling within ICC(A) may remain excluded if its cause falls within an exclusion.
Where insured and excluded causes compete, the causal sequence and the portion of damage attributable to each cause may require detailed analysis.
Basic War Risks
| War Risk | Basic Subject | Practical Caution |
|---|---|---|
| War and civil war | International or domestic armed conflict | A formal declaration of war is not necessarily decisive |
| Revolution, rebellion, and insurrection | Organised armed action against authority | Distinguish it from an ordinary riot |
| Hostile act | Hostile action by or against a belligerent power | Identify the actor and relationship with the conflict |
| Capture, seizure, restraint, or detainment | Specified restraint arising from an insured war risk | Ordinary customs action is not automatically included |
| Derelict mines, torpedoes, or bombs | Loss caused by weapons remaining from armed conflict | The War exclusion may prevail over ordinary collision wording |
| General average and salvage | Specified charges incurred to avoid an insured War risk | The underlying cause must be insured under the War wording |
War cover does not insure every cost associated with conflict. Delay, frustration, sanctions-related inability to trade, administrative restraint, and market loss must be distinguished from physical cargo loss.
Piracy is not necessarily treated as War risk. Under ICC(A), piracy is excepted from the capture and seizure exclusion. Under ICC(B) and ICC(C), the fact that piracy is not excluded as War does not itself make it a listed peril. A Piracy Clause may therefore require separate review.
Basic Strikes, Riots, and Terrorism Risks
| Risk | Basic Covered Event | Likely Uninsured Consequence | Evidence |
|---|---|---|---|
| Physical damage by strikers | Strikers directly damage or burn the cargo | Mere cessation of work | Police report, video, and local report |
| Damage by locked-out workers | Direct physical act by the relevant workers | Handling delay caused by staff shortage | Employment and casualty records |
| Damage by participants in labour disturbances, riots, or civil commotions | Direct cargo damage caused by participants | Late delivery caused only by a blocked area | Official notice, media, and survey |
| Terrorism | Act connected with an organisation seeking violent influence over government | Ordinary crime or solely financial motive | Investigation and statements of responsibility |
| Political, ideological, or religious motive | Damage caused by a person acting from the specified motive | Ordinary malicious damage without proof of motive | Actor, statement, and investigation |
| General average and salvage | Charges incurred to avoid an insured Strikes risk | Pure delay expenses | General average adjustment and cause of casualty |
Institute Strikes Clauses does not insure every loss occurring during a strike. Physical loss or damage must generally be caused by an insured actor or act.
Absence or shortage of labour, port closure, delay, loss of market, penalties, and price reduction are not automatically covered merely because a strike occurred.
Cause-of-Loss Classification
| Apparent Damage | Possible Cause | First Wording to Review | Common Error |
|---|---|---|---|
| Wet damage | Entry of seawater | ICC(A) or ICC(B) | Classifying the loss only as wet damage |
| Wet damage | Rain or leaking pipe | ICC(A) or additional cover | Treating every water source as ICC(B) water entry |
| Wet damage | Condensation or sweat | ICC(A), Sweat cover, and inherent-vice exclusion | Treating internal condensation as external water entry |
| Theft or pilferage | Ordinary criminal act | ICC(A) or TPND | Assuming theft under ICC(B) or ICC(C) |
| Non-delivery | Theft or misdelivery of packages | ICC(A) or TPND | Assuming carrier confirmation establishes policy cover |
| Breakage or denting | Collision or overturning | ICC(A), ICC(B), or ICC(C) | Assuming that every dent requires an extension |
| Breakage or denting | Ordinary handling or vibration | ICC(A) or a breakage extension | Automatically treating it as collision under B or C |
| Fire | Ordinary accidental fire | ICC(A), ICC(B), or ICC(C) | Failing to review an excluded cause of ignition |
| Fire | Arson by rioters or strikers | Institute Strikes Clauses | Applying basic ICC solely because fire occurred |
| Explosion or destruction | Derelict mine or bomb | Institute War Clauses | Applying only ordinary fire or collision cover |
| Temperature damage | Accidental refrigeration breakdown | ICC(A) and temperature endorsement | Assuming unconditional temperature cover under ICC(A) |
| Temperature damage | Transport delay caused by strike | Delay exclusion, Strikes wording, and temperature cover | Assuming that every strike-related consequence is insured |
Additional Cover Commonly Considered under ICC(B) or ICC(C)
The following titles are representative market descriptions. Wording and availability may differ among insurers and contracts.
| Extension or Clause | Typical Cargo or Risk | Possible Gap in the Basic Condition | Item to Confirm |
|---|---|---|---|
| TPND | Electronics, apparel, and small high-value goods | Theft, pilferage, and non-delivery are not listed under ICC(B) or ICC(C) | Package, definition of Non-Delivery, and quantity discrepancy |
| RFWD | Paper, textiles, food, machinery, and rain-sensitive goods | ICC(B) water entry does not necessarily cover every rain or freshwater event | Rain, freshwater, warehouse leakage, and open handling |
| Breakage, Bending, or Denting | Glass, ceramics, machinery, steel, and components | Ordinary handling loss without a listed casualty may be uninsured | Packing, pre-existing damage, and deductible |
| Shortage or Leakage | Liquids, powders, bags, drums, and cans | Ordinary leakage and ordinary loss remain excluded | Seals, measurement, container damage, and natural loss |
| Contamination | Food ingredients, oils, and bulk chemicals | Contamination may occur without a listed marine casualty | Previous cargo, tank cleaning, foreign matter, and quality standards |
| Sweat or Heating | Metal, agricultural goods, food, and condensation-sensitive cargo | Internal condensation or natural heating may not be water entry | Ventilation, temperature difference, moisture, and inherent vice |
| Spontaneous Combustion | Coal, oils, powders, and self-heating cargo | The inherent-vice exclusion may apply | Cargo condition, stowage, temperature, and extension wording |
| Institute Malicious Damage Clause | Malicious destruction and sabotage | Wrongful deliberate damage is excluded under ICC(B) and ICC(C) | Political motive and boundary with Strikes cover |
| Piracy Clause | Piracy-prone sea routes and coastal transport | The ICC(B) or ICC(C) list may be insufficient | Piracy, theft, seizure, and War classification |
| On-Deck conditions | Heavy, project, or deck cargo | Deck stowage, washing overboard, and jettison may be restricted | B/L notation, declaration, container type, and consent |
| Rats and Vermin | Grain, food, feed, paper, and warehouse cargo | Vermin is not a listed peril and may involve storage or inherent conditions | Pest controls, storage, and time of damage |
Distinguishing Clauses That Do Not Add a New Peril
| Clause | Main Function | Difference from Additional Peril Cover |
|---|---|---|
| Institute Replacement Clause | Adjusts repair or replacement of machinery and components | Does not necessarily add a new cause of loss |
| Label Clause | Limits or defines payment where only labels are damaged | Primarily concerns the measure of loss |
| Duty Clause | Covers specified import-duty exposure | Insures a separate interest rather than a cargo peril |
| Sanction Limitation and Exclusion Clause | Restricts cover or payment where sanctions apply | May restrict payment despite an otherwise insured peril |
| Marine Cyber Endorsement | Defines cyber cover or exclusion | Modifies the basic ICC response |
| Termination of Transit Clause (Terrorism) | Modifies the duration of certain terrorism exposure | Primarily changes policy duration |
| Institute Classification Clause | Defines vessel criteria and possible additional premium | Addresses underwriting of the carrying vessel |
The presence of a special clause does not necessarily broaden covered perils. Each clause must be classified as additional cover, exclusion, duration amendment, loss-adjustment provision, or underwriting condition.
Position of the MAR Form and the Former S.G. Form
Under the former S.G. form, descriptions such as All Risks, W.A., and F.P.A. were used, and partial loss, franchise, and marine-casualty requirements were important.
The MAR Policy Form and the Institute Cargo Clauses 1982, followed by ICC(2009), introduced the modern ICC(A), ICC(B), and ICC(C) structure.
Former W.A. and ICC(B), or former F.P.A. and ICC(C), may be mentioned together when explaining historical development. They are not identical wordings.
A current casualty must be determined from the clause title, edition date, and endorsements actually incorporated into the policy rather than from an historical label.
Relationship with Letters of Credit and Sales Contracts
Where a letter of credit or sales contract requires ICC(A), ICC(B), ICC(C), War Risks, Strikes Risks, or an extension, the issued policy or certificate must be checked against that requirement.
A change from ICC(A) to ICC(C), or removal of War or Strikes cover to reduce premium, may leave a valid insurance policy but fail the sales-contract or documentary-credit requirements.
| Item | Credit or Sales Contract | Insurance Document | Possible Consequence of Difference |
|---|---|---|---|
| ICC condition | Required A, B, or C condition | Condition actually stated | Insufficient cover or documentary discrepancy |
| War and Strikes | Requirement for additional cover | Presence of endorsement | Breach or discrepancy |
| Additional cover | Requirement for TPND or another extension | Clause stated in the policy | Theft or another loss may remain uninsured |
| Transit | Required From and To locations | Policy locations | Uninsured stage of transport |
| Insurance amount | Required percentage such as 110% | Sum insured | Discrepancy or inadequate recovery |
| Currency | Credit or contract currency | Policy currency | Discrepancy or currency exposure |
Decision Flow for Identifying the Applicable Wording
- Review the policy, certificate, and endorsements and identify every clause and edition date.
- Identify whether ICC(A), ICC(B), ICC(C), or ICC(Air) is the basic condition.
- Confirm whether Institute War Clauses and Institute Strikes Clauses are attached.
- Confirm TPND, Malicious Damage, Piracy, temperature, RFWD, and other extensions.
- Identify the physical loss of or damage to the cargo.
- Identify the probable date and location of the casualty rather than only the discovery date.
- Identify the specific cause rather than relying on a general label such as fire, water, theft, or riot.
- Under ICC(B) or ICC(C), determine whether the cause is reasonably attributable to a listed peril.
- For War or Strikes claims, identify the actor, motive, conflict, and causal connection with the physical damage.
- Review packing, inherent vice, ordinary loss, delay, and other exclusions.
- Confirm policy duration and the claimant's insurable interest.
- Where several causes compete, analyse the damage by cause.
- Preserve rights against carriers, warehouse operators, and other third parties.
- Report established facts without prematurely asserting a final cause.
Cases Commonly Problematic in Practice
| Case | Main Cause | Documents and Evidence | Decision Point | Initial Response |
|---|---|---|---|---|
| Theft under ICC(B) | TPND absent or not checked | Policy, seal record, and quantity record | Listed peril or additional cover | Notify police and carrier and review the policy |
| Rain damage under ICC(B) | Confusion with sea-water entry | Weather, container, warehouse, and survey | Listed water entry or RFWD extension | Preserve the source and route of water entry |
| Handling damage under ICC(C) | No listed marine casualty | Handling record, video, and work report | Attribution to collision, overturning, or another listed peril | Notify the handling contractor immediately |
| Warehouse fire during riot | Confusion between ordinary fire and Strikes exclusion | Police, fire, video, and media records | Actor and causal connection with the riot | Review basic ICC and Strikes separately |
| Temperature loss during strike | Delay caused by cessation of work | Temperature, operation, and strike records | Direct physical act or excluded delay | Arrange alternative transport and cooling |
| Mine damage to vessel and cargo | Competition between marine and War perils | Vessel report, official statement, and survey | Derelict weapon or ordinary casualty | Notify both basic and War insurers |
| Cargo taken by pirates | Incorrect classification as War or theft | Master's report, official record, and policy | ICC condition and Piracy Clause | Notify maritime authorities and insurer |
| Deliberate destruction by a third party | Uncertain political motive | Investigation, video, and statement | Malicious Damage or Strikes wording | Do not speculate about motive |
| Fire caused by self-heating | Competition between fire and inherent vice | Temperature, moisture, stowage, and expert report | External ignition or spontaneous heating | Separate remaining cargo and investigate |
| Condensation in a container | Confusion with external water entry | Ventilation, humidity, packing, and route | External ingress or internal condensation | Record water pattern and moisture distribution |
Application Scenario 1: Theft from ICC(B) Cargo Exported through Yokohama without TPND
Assume that a Japanese exporter ships electronic components valued at JPY 180 million through Yokohama under ICC(B).
At a foreign transshipment port, the container seal is broken and several cartons are removed. No collision, overturning, fire, or other marine casualty occurs.
The exporter argues that the goods disappeared during insured transit and that cargo insurance should respond.
The insurer argues that ICC(B) is a named-perils condition, ordinary theft and pilferage are not listed, and TPND was not attached.
The policy, TPND endorsement, seal history, loaded quantity, terminal records, and carrier's non-delivery evidence must be reviewed.
Proof of non-delivery does not itself establish that the cause is insured under ICC(B). Claims against the carrier and terminal should proceed separately.
Application Scenario 2: Fire Damage Caused by Rioters near Kobe
Assume that machinery parts valued at JPY 95 million are imported to Kobe under ICC(A), without Institute Strikes Clauses.
During a riot near the port, participants throw an incendiary device at a truck awaiting delivery and the cargo is burned.
The importer argues that ICC(A) is all-risks cover and that the cargo suffered fire damage.
The insurer argues that the fire was caused by participants in a riot and falls within the Strikes exclusion under the basic ICC.
Fire reports, police records, video evidence, the relationship with the riot, and attachment of the Strikes wording must be reviewed.
The result may differ between an accidental electrical fire and arson directly caused by rioters even though both produce burned cargo.
Application Scenario 3: Cargo for Nagoya Damaged by a Derelict Mine
Assume that project components valued at JPY 260 million are imported to Nagoya under ICC(C) with Institute War Clauses.
During the voyage, the vessel contacts a mine remaining from a former armed conflict, causing an explosion and cargo damage.
The cargo owner argues that the vessel contacted an external object and that ICC(C) collision or contact cover applies.
The insurer argues that the specific cause was a derelict mine, excluded under basic ICC and covered, if at all, under the Institute War Clauses.
The master's report, official weapons assessment, casualty location, origin of the mine, War duration, and relevant limits and deductibles must be reviewed.
Although the apparent event was contact, the more specific derelict-weapons classification is central to identifying the responding wording.
Scope of Freight Forwarder Involvement
These Standard Five Classifications are not legal classifications established by statute or universally accepted by the industry. They are an analytical framework used in this series to organize the scope of a freight forwarder's contractual and operational involvement.
| Standard Five Classifications | Typical Involvement | Involvement in Covered-Risk Issues | Limit to Be Confirmed | Main Evidence |
|---|---|---|---|---|
| 1. Simple Intermediary | Connects the cargo owner with transport and insurance parties | Communicates cargo, route, packing, and casualty information | Does not independently determine cover or recommend final conditions | Instructions, quotation, and delegated scope |
| 2. Cargo Transportation Service Provider | Provides collection, storage, handling, and delivery | Records operations, causes, and cargo condition | Distinguishes logistics work from insurance-product explanation | Work record, photographs, and warehouse record |
| 3. NVOCC / House B/L Issuer | Issues a House B/L and acts as Contracting Carrier | Provides information concerning its transit and casualty | Does not confuse carrier liability insurance with cargo insurance | House B/L, conditions of carriage, and casualty report |
| 4. Door-to-Door Single Contractor | Undertakes the complete Door-to-Door movement | Organises risk information for the entire transport | Transport responsibility does not automatically confer insurance-distribution authority | Master contract, service scope, and insurance instruction |
| 5. Agent / Coordinator for Specific Operations | Coordinates a defined operation or territory | Collects local riot, War, theft, and casualty information | Confirms agency authority, source, and effective time of information | Agency Agreement, local report, and notices |
Packing, storage, inspection, stowage, vanning, devanning, drayage, lashing, and similar physical operations are facts used to identify the entrusted scope under the classifications. These operations do not replace the classifications and do not create an additional classification.
The classification alone does not determine responsibility or authority. At minimum, the parties should separately confirm:
- Whether the freight forwarder is the Contracting Carrier, Actual Carrier, or only an arranger
- The extent of authority concerning quotations, explanation of conditions, recommendation of extensions, application handling, and casualty notification
A freight forwarder without appropriate insurance authority may organise factual information concerning cargo, route, packing, and casualty. It should not independently recommend ICC(A), ICC(B), or ICC(C) as an insurance product or state conclusively that an extension is unnecessary.
Documents to Be Reviewed after a Casualty
| Document | Item to Review | Purpose | Action if Missing |
|---|---|---|---|
| Policy or insurance certificate | ICC, War, Strikes, and extensions | Identify the contractual cover | Obtain the complete contract from the insurer |
| Endorsements and special clauses | Additional cover, exclusions, and duration amendments | Identify modifications to standard ICC | Confirm clause number and effective date |
| B/L, Sea Waybill, or AWB | Transit, deck carriage, and transshipment | Confirm mode and declared transport | Obtain it from the carrier or forwarder |
| Packing List and packing specification | Package, method, and securing | Review TPND, package total loss, and packing exclusion | Obtain contractor work records |
| Survey report | Cause, damage pattern, and timing | Connect the loss with a listed peril or exclusion | Arrange a survey before repair or disposal |
| Temperature and humidity records | Excursion, condensation, and stoppage | Distinguish external casualty, delay, and inherent vice | Obtain equipment and carrier logs |
| Master's or carrier's casualty report | Marine casualty, collision, War, or handling event | Attribute the loss to an insured peril | Request a formal casualty statement |
| Police, fire, or official record | Theft, arson, riot, terrorism, or War | Identify actor, motive, and cause | Use a local agent or lawyer where required |
| Photographs and CCTV | Damage, seals, and water path | Establish pre- and post-casualty condition | Preserve recordings before deletion |
| Letter of credit and sales contract | Required insurance condition and extension | Compare contractual requirements with the policy | Consult the bank and trading parties |
Common Misconceptions
| Misconception | Correct Analysis | Practical Caution |
|---|---|---|
| ICC(A) covers every loss | It broadly covers physical loss or damage but remains subject to exclusions | Review delay, packing, and inherent vice |
| ICC(B) covers every type of wet damage | Listed water entry must be distinguished from rain and condensation | Identify the water source and route |
| ICC(C) covers every breakage occurring in transit | The loss must be attributable to a limited listed peril | Review the cause rather than the damage description |
| Theft is covered under every ICC condition | TPND or another extension may be required under ICC(B) or ICC(C) | Review the endorsements |
| Every fire is covered under basic ICC | War, riot, or terrorism may engage a separate exclusion and wording | Identify the cause and actor |
| Strikes cover insures every consequence of a port strike | Labour shortage, delay, and loss of market are not automatically covered | Identify direct physical damage |
| War cover insures sanctions and every administrative restraint | The loss must arise from an insured War risk | Review the legal cause and connection with conflict |
| Piracy is always a War risk | Treatment depends on the ICC condition and any Piracy Clause | Distinguish piracy, theft, and seizure |
| More special clauses always mean broader cover | Special clauses may exclude, limit duration, or adjust loss | Classify the function of each clause |
| Identical ICC conditions produce identical claim outcomes | Cargo, cause, duration, interest, and evidence remain case-specific | Conduct an individual factual analysis |
Decision Checklist
| Situation for Confirmation | Party to Consult | Item to Confirm | Action if a Problem Is Identified |
|---|---|---|---|
| When concluding the sales contract | Seller, buyer, and legal staff | Required ICC, War, Strikes, and extensions | State cargo- and route-appropriate conditions |
| Before issuing a letter of credit | Bank, seller, and buyer | Conditions, currency, amount, and transit | Replace ambiguous requirements with specific wording |
| When requesting an insurance quotation | Insurer and insurance agent | Cargo, packing, route, transport, and loss experience | Provide missing information and obtain formal terms |
| When selecting ICC(B) or ICC(C) | Insurer and cargo owner | Theft, wet damage, breakage, contamination, and other gaps | Consider necessary extensions |
| When attaching War or Strikes cover | Insurer and insurance agent | Area, duration, rate, and cancellation | Reconfirm conditions before shipment |
| Before shipment | Freight forwarder, carrier, and insurer | Vessel, route, deck carriage, and transshipment | Notify the insurer of changes |
| When arranging special cargo | Manufacturer, packer, and insurer | Temperature, contamination, self-heating, and repairability | Arrange commodity wording or survey |
| Immediately after a casualty | Insurer, surveyor, and carrier | Damage, cause, time, place, and policy conditions | Preserve evidence without prematurely fixing the cause |
| After theft, riot, or War casualty | Police, authority, insurer, and local agent | Actor, motive, conflict, and causation | Obtain official records promptly |
| When submitting the claim | Insurer, insurance agent, and surveyor | Covered peril, exclusion, duration, and insurable interest | Complete evidence and third-party notices |
| When a freight forwarder explains conditions | Insurer, insurance agent, and compliance staff | Insurance-distribution authority and permitted explanation | Avoid unauthorised recommendation or conclusion |
| When a legal dispute arises | Insurer, maritime lawyer, and legal staff | Governing law, proximate cause, wording, notice, and deadlines | Reserve rights and control all time limits |
When to Consult a Maritime Lawyer
Routine condition review and casualty notification should generally be handled with the insurer or insurance agent. Advice from a lawyer experienced in marine insurance and international trade should be considered where:
- The boundary between ICC(A) all-risks cover and an exclusion is disputed
- Causation under a named peril in ICC(B) or ICC(C) is disputed
- Fire, collision, or wet damage competes with War or Strikes causation
- The actor or motive behind riot, terrorism, or malicious damage is unclear
- Piracy, seizure, ordinary theft, or administrative restraint is disputed
- Packing, inherent vice, or delay exclusion is asserted
- The effective attachment of an extension is disputed
- A discrepancy between the credit and the policy causes sales-contract loss
- A freight forwarder's authority to explain or arrange cover is disputed
- A foreign insurer relies on foreign law, jurisdiction, or arbitration
- An insurance, carrier-notice, or litigation deadline is approaching
A covered-risk dispute should not be determined from a broad casualty label alone. The factual sequence, competing causes, and specific wording of each clause must be reviewed.
Discussions with the insurer must not result in failure to notify carriers, warehouse operators, handling contractors, or other third parties and preserve recovery rights.
Summary
Marine cargo insurance is generally structured through ICC(A), ICC(B), ICC(C), or ICC(Air), together with Institute War Clauses, Institute Strikes Clauses, and any necessary extensions.
ICC(A) uses an all-risks structure subject to exclusions. ICC(B) and ICC(C) use named-perils structures. ICC(B) is broader than ICC(C) because it additionally includes earthquake, volcanic eruption, lightning, washing overboard, entry of sea, lake, or river water, and total loss of a package dropped during loading or unloading.
War and Strikes risks are excluded from the basic ICC and require separate wordings. The existence of war or a strike does not automatically insure delay, labour shortage, loss of market, penalties, or frustration of the voyage.
Under ICC(B) or ICC(C), TPND, RFWD, Malicious Damage, Piracy, contamination, breakage, or other extensions may be required according to the cargo and transport.
The general analysis in this article applies to individual cargo policies, open covers, CIF, CIP, FOB, FCA, and documentary-credit transactions. It should not be applied without modification to domestic transit insurance, proprietary wording, former clauses, commodity-specific wording, long-term warehouse storage, or carrier liability insurance.
After a casualty, the actual cause rather than the apparent damage description must be identified and analysed under the basic ICC, War, Strikes, extensions, and exclusions.
The final coverage decision requires the policy, incorporated clauses, endorsements, duration, insurable interest, cause of loss, and evidence to be reviewed together.
