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    Cargo Insurance Claims

     

     

     INFORMATION:

    Your Cargo Insurance Policy is underwritten by Navigators Insurance Company and serviced by Great World.  If you receive a claim or are aware of any incident that may trigger a claim, please contact Great World for assistance.

     

    CLAIM PROCEDURES:

    1)             PROMPTLY REPORT LOSS OR DAMAGE

    A. Within the United States to your insurance agent or directly to Navigators Insurance Company to permit them to assign a surveyor to take whatever action that might be necessary.

    B. Outside the United States to Navigators Insurance Company or to the nearest settling agent or surveyor of this Company and request the surveyor to conduct the survey. Invite the delivery carriers representative to attend the survey. If loss or damage is discovered on the dock, have the survey conducted there without delay. If there is no agent nearby, request the nearest correspondent of the American Institute of Marine Underwriters or Lloyds Agent to conduct a survey.

     

    2)             MAKE IMMEDIATE INSPECTION OF EACH PACKAGE

     

    3)             TAKE PROPER EXCEPTIONS on the delivery receipt when any loss or damage is apparent at the time of taking delivery. It is most important that exact exceptions are taken in writing on the delivery receipt as to the condition of the shipment and a copy of the delivery receipt must be retained by the Assured for the claim file. When delivery is made by intermodal container, the container and its seals must be closely examined. If the container is delivered damaged or with seals broken or with seal numbers other than as stated on the shipping document, the consignee must write the exact exception on the delivery receipt and retain all defective or irregular seals for subsequent identification. Have the driver open the container prior to signing a receipt. If any damage is noted, call for an immediate survey.

     

    4)             TAKE STEPS TO PREVENT FURTHER DAMAGE

     

    5)             IMMEDIATELY FILE CLAIM IN WRITING against the delivering carrier, holding the carrier responsible as soon as loss or damage is discovered even though the full extent of damage is not known. Details can be furnished later. If more than one carrier (Ocean, Truck, etc.) is involved, claim must be filed against all of them. As the actual amount of loss or damage in most cases cannot be determined at the outset, the phrase "$100 more or less" should be used as the amount claimed against the carriers, unless a higher amount is obvious. This phrase is extremely important especially in the case of inland carriers and air carriers, as the law provides that the claim, to be valid, must specify some amount.

     

    6)             COLLECT COMPLETE DOCUMENTS Preserve packing for examination by the surveyor.

     

    GENERAL AVERAGE

    In a general average situation, the vessel owner has a lien on the cargo for cargos ultimate contribution to the general average sacrifices or expenditures.  In order to secure this lien prior to release of cargo, the procedure generally will be as follows:

     

    An average agreement or bond will be sent to the consignee named in the bill of lading by the average adjuster appointed by the vessel owner or it local agent. This agreement or bond must be signed by a corporate officer or party having power of attorney in the consignees firm and promptly returned, together with certified copies of the commercial invoice, to the party designated.

     

    As further security of the lien, a cash deposit may be required.  This deposit will be the estimated General Average Contribution due from the particular shipment.  However, no deposit should be made without this Companys approval, as the adjuster will normally accept our guarantee in lieu thereof.  In the event a cash deposit must be made, apply to this Company for refund, enclosing the deposit receipt endorsed to this Company.

     

    In order to avoid delay in obtaining release of cargo, the consignee should immediately notify this Companys Marine Claims

    Department or, in the case of an export shipment, this Companys nearest claims agent and submit the following documents:

     

    1.       Copy of the commercial invoice(s)

    2.       Copy of the ocean bill(s) of lading

    3.       Copy of the insurance certificate or special policy, if one was issued.


     

    CLAIMS FILING TIMEFRAME:

    The following is used as a general guideline only.

     

    Air Shipments

    Visible Loss/Damage

    7 days from date of receipt

    Hidden/Concealed Damage

    14 days from date of receipt

    Non-Delivery

    120 days from date of issuance

    Statute of Limitations

    Suit filed within 2 years of arrival date

    Ocean Shipments

    Visible Loss/Damage

    Immediately

    Hidden/Concealed Damage

    3 days from delivery

    Statue of Limitations

    Per COGSA, suit filed within 1 year from date of delivery.

    Hague-Visby limits suit to 9 months from delivery.

    Domestic Trucking/ Warehousing

    Loss/Damage

    Immediately or 7 days from delivery

    Statute of Limitations

    Varies by carrier per bill of lading, freight receipt or tariff. On

    inter-state trucking, Carmack Amendment limits timeframe to 9 months from delivery.

    Terms & Conditions of Service

    Loss/Damage/Negligence

    Statue of Limitations

    Per timeframes for Ocean/Air above on entries, 75 days from

    liquidation 2 years from date of loss or damage.

     

     

     

    DOCUMENTATION
    Original Certificate of Insurance
    Bill of Lading or Air Waybill
    Commercial Invoice
    Packing List
    Delivery or Dock Receipts to verify any exceptions noted for loss/damage
    Statement of Claim indicating the amount of damages claimed, extent of loss, circumstances involved, etc.
    Surveyor’s certificate or survey report
    Any correspondence or reports or information relevant to the transit, loss, or damage