TRANSPORT INSURANCE RULES

(abridged)

I. GENERAL STIPULATIONS.

§1. Insurance Company Ingosstrakh Limited accepts in accordance with these Rules for insurance cargoes and also anticipated profit and commission, freight and expenses connected with the carriage of the cargo…

These Rules are an integral part of insurance contract and could be modified and amplified only by mutual written agreement of the parties.

 

II. EXTENT OF LIABILITY.

§2. Under insurance contracts concluded in accordance with these Rules are indemnified losses arising from fortuitous accidents and perils of the carriage. The insurance contract may be concluded on the basis of one of the following conditions:

1. “All risks”. Under an insurance contract concluded on this condition are indemnified irrespective of percentage:

a) losses due to damage to or total loss of the whole or part of the cargo arising from all perils except those specified in §6 of the Rules;

b) losses, expenses and contributions allowed in general average;

c) any necessary and properly incurred expenses for the salvage of the cargo and also for minimizing the loss and ascertaining its extent, if the loss is indemnified in accordance with insurance conditions.

2. “With particular average”. Under an insurance contract concluded on this condition are indemnified:

a) losses due to damage to or total loss of the whole or part of the cargo caused by fire, lightning, storm, whirlwind and other elemental disasters, stranding or collision of vessels, aircraft and other means of transport with each other or by contact with any fixed or floating objects, grounding, collapsing of bridges, explosion, damage to the vessel by ice, wetting by sea or river water and also owing to measures taken for salvage and extinction of fire;

b) losses in consequence of the vessel or aircraft being missing;

c) losses due to damage to or total loss of the whole or part of the cargo in consequence of accidents in loading, stowage and discharge of the cargo and in taking in fuel by the vessel;

d) losses, expenses and contributions allowed in general average…

3. “Free from particular average”. Under an insurance contract concluded on this condition are indemnified:

a) losses due to damage to or total loss of the whole or part of the cargo caused by fire, lightning, storm, whirlwind and other elemental disasters, stranding or collision of vessels, aircraft and other means of transport with each other or by contact with any fixed or floating objects, grounding, collapsing of bridges, explosion, damage to the vessel by ice, wetting by sea or river water and also owing to measures taken for salvage and extinction of fire;

b) losses in consequence of the vessel or aircraft being missing;

c) losses due to damage to or total loss of the whole or part of the cargo in consequence of accidents in loading, stowage and discharge of the cargo and in taking in fuel by the vessel;

d) losses due to damage to the cargo caused by stranding or collision of vessels, aircraft and other means of transport with each other or with any fixed or floating objects, grounding, fire or explosion on shipboard, aircraft or other means of transport;

e) losses, expenses and contributions allowed in general average…

§4. During the delivery of the cargo in lighters, barges and other delivering vessels Ingosstrakh bears liability only if the use of such vessels is common according to the local conditions.

§5. Losses due to death or mortality of animals and fowls[1] or accidents to them, due to leakage and strewing of cargo, breakage of glass, porcelain, pottery, ceramics, marble and articles made thereof, bricks of every kind, millstones[2], grindstones[3], and lithographic stones[4], graphite crucibles[5], electrodes and other objects liable to breakage under insurance on the conditions specified in Items 2 and 3 of §2 of the Rules are indemnified only when such losses have arisen in consequence of the wreck of the vessel or any other means of transport.

§6. Losses arising in consequence of the following are not to be indemnified: …

malice or gross negligence of the insured or beneficiary and also consequences of infringement by any one of them of the prescribed rules of carriage, sending and storage of cargoes; …

c)

g) shortage of cargo while the outer packing is intact;

h) …

Under the insurance contracts concluded on the conditions specified in Items 2 and 3 of §2 of the Rules, are not to be indemnified losses arising from:

a) flood and earthquake;

b) sweating of the hold and wetting of cargoes by atmospheric precipitation;

c) depreciation of the cargo in consequence of contamination or damage to packing while the outer packing remains intact;

d) jettison and washing overboard of the deck cargo;

e) theft or non-delivery of cargo…

 

FOCUS 2. COMMENTARY AND VOCABULARY NOTES

 

" Стихийное бедствие" имеет в английском языке, по меньшей мере, несколько соответствий. Это " calamity", " Act of God", " Act of the Elements", “elemental disaster”, “natural disaster”. Слово " calamity" широко употребляется в разговорной речи и страховании. Однако, чаще в страховых документах встречается другой вариант - " Act of God". Это выражение традиционно для письменного языка документов, где в значительной степени сохранились и устаревшая лексика, и устаревшие грамматические формы. " Act of the Elements" аналогично выражению " Act of God". В контрактах, хотя и реже, также употребляются различные выражения аналогичные “elemental disaster” и “natural disaster”.

 

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