Covered Risks and Insurance Conditions in Marine Cargo Insurance

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.

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

  1. Review the policy, certificate, and endorsements and identify every clause and edition date.
  2. Identify whether ICC(A), ICC(B), ICC(C), or ICC(Air) is the basic condition.
  3. Confirm whether Institute War Clauses and Institute Strikes Clauses are attached.
  4. Confirm TPND, Malicious Damage, Piracy, temperature, RFWD, and other extensions.
  5. Identify the physical loss of or damage to the cargo.
  6. Identify the probable date and location of the casualty rather than only the discovery date.
  7. Identify the specific cause rather than relying on a general label such as fire, water, theft, or riot.
  8. Under ICC(B) or ICC(C), determine whether the cause is reasonably attributable to a listed peril.
  9. For War or Strikes claims, identify the actor, motive, conflict, and causal connection with the physical damage.
  10. Review packing, inherent vice, ordinary loss, delay, and other exclusions.
  11. Confirm policy duration and the claimant's insurable interest.
  12. Where several causes compete, analyse the damage by cause.
  13. Preserve rights against carriers, warehouse operators, and other third parties.
  14. 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.