Page 23 - Insurance Times March 2017 Sample

can be either - actual total loss or constructive total loss. claims. It is signed by insured in confirmation of having
The consignment may be partially damaged - it is known as received the payment.
Particular average. 8) Claims Form: Not essential in Marine cargo claim but
some insurers collect it.
Marine Claim Documents / Types of 9) Recover Documents: These documents are meant for
Losses / Expenses under Marine Cargo affecting recovery from carriers where loss/ damage
has taken place due to negligence/ misconduct of the
Policy Losses: carriers. There documents are as follows:
When the goods are in transit; different types of losses may a) Letter of Subrogation - B this letter the rights of
arise e.g. Non-deliver, Leakage, Breakage, Water damage, the claimant against carriers are transferred to
Pilferage, Theft etc. The Marine claims are, therefore, insurer. The document is obtained on a stamp
required to be supported by certain documents, depending paper of requisite value and therefore it is a legal
upon nature of loss, type of carrier, stage at which loss took document.
place.
b) Special Power of Attorney - This is also a legal
document obtained on a stamp paper of requisite
There may be some documents which are required in all value. By virtue of this document insurer can file
types of claims. Some of the important documents are
suit against the carrier for recovery of claim
enumerated below:
amount from the carrier.
1) Original Policy/Original certificate of Insurance/
c) Open delivery certificate - This is a document
Original declaration - This is a document of title because
showing condition of the cargo at the time of
Marine cargo policy is freely available.
deliver. It is signed by insured, representative of
2) Contract of Affreightment - This is a document in carrier.
support of carriage of goods. It specifies the place of d) Non-Delivery / Short-Delivery Certificate - Issued
commencement of journey and place of termination of by the carriers in support of non-delivery/ short-
journey. The nature of this document depends upon delivery / damage to cargo.
mode of transit.
There are some other miscellaneous documents
Sl. No. Mode of Document too, which are required for one or other type of
Transit
claim which are:-
1) Railways Rail receipt (RR) 1) Letter of undertaking - Obtained from insured when
2) Road Goods Receipt (GR) there is a claim for non-delivery / partial delivery.
3) Sea Bill of Landing (B/L) 2) Bill of Entry - Obtained in case of import claim so as to
4) Air Airway bill (AWB) ascertain payment of custom duty.
5) Post Regd. Post Parcel Receipt (RPP) 3) Lost overboard certificate (LOB) - Obtained in case of
Sea transit when some packages are lost from the ship.
3) Invoice: It specifies the name of the seller, buyer,
description of goods, Unit value/ total value of goods, 4) Landed but Missing (LBM) - Obtained in case of sea /
Air transit when packages arrive at port of destination
nature of sale contract (CIF, FOB, CIC&F etc).
but subsequently misplaced or lost.
4) Packing List: It gives details of packages dispatched
under relevant B/L, AWB, RR, GR etc. their mark no., 5) Landing remarks - Obtained in case of air / sea transit.
contents in a box / package. Issued by port authorities to confirm the state of cargo
5) Survey Report / Investigation Report: On this basis of at the time of arrival.
this report insurer ascertain cause of loss, nature of loss, 6) Exchange Control Form (GR-1) - Required in case of
coverage under insurance policy, salvage value etc. export claim org.
6) In case goods have been lost then investigation is 7) Letter of Protest - A sworn statement of master of
carried out by an investigator who submits his vessel with regard to any adverse factors / conditions
investigation Report. he faced during voyage. This document is only
7) Discharge Voucher: This document is required in all applicable in case of sea-transit.
The Insurance Times, March 2017 23

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