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 carrier’s 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 Lloyd‘s 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 cargo‘s 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 consignee‘s 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 Company‘s 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 Company‘s Marine Claims
Department or, in the case of an export shipment, this Company‘s 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. |