| A B C D E F G H I J K L M N O P Q R S T U V W X Y Z |
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This glossary is
intended for use as an introduction to marine terminology
only. |
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Accident
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An
unforeseen occurrence of happening; fortuitous event.
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Act of God
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A
natural event, not preventable by any human agency, such
as flood, storms, or lightning. Force of nature that a
carrier has no control over, and therefore cannot be held
accountable for.
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All Risks
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The
broadest form of coverage available, providing protection
against all risk of physical loss or damage from any
external cause. Does not cover loss or damage due to
delay, inherent vice, pre-shipment condition, inadequate
packaging, or loss of market. Loss must be fortuitous to
be covered.
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Approved
Merchandise |
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Goods
that are not particularly susceptible to loss or either by
reason of their nature or because they are well packed.
This term embraces practically all manufactured articles
or new merchandise.
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As-Is-Where-Is |
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Description of the terms under which damaged property is
sold, meaning that it is to be sold at its present
location and in its present condition without warranty as
to quality or quantity. See "Salvage Value".
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Average
Clauses |
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The
perils Clause establishes the basic perils that are
covered by the policy, and a total loss due to one of
these perils is covered in full. The various Average
Clauses determine when PARTIAL LOSSES due to a peril in
the Perils Clause are covered. The Average Clauses fall
into two categories: F.P.A. (Free of Particular Average)
and W.A. (With Average).
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Bareboat Charter |
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A
contract to rent a vessel without equipment, crew, fuel,
or stores.
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Bill of Lading (B/L, Blading,
Lading) |
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The
document issued on behalf of the carrier describing the
kind and quantity of the goods being shipped, the shipper,
the consignee, the ports of loading and discharge and the
carrying vessel. The Bill of Lading serves as:
A) Receipt for the merchandise
given to the shipper by the carrier
B) Document of title giving lawful possessor title to
goods
C) The contract of carriage between shipper and carrier;
and
D) Evidence of the apparent condition of the goods when
received by the carrier. (If the cargo shows damage,
the Master will note exceptions on the B/L, e.g.,
"all coils rusted," or "13 bags broken and leaking."
A B/L lacking such exceptions is a "clean" Bill of
Lading, and prima facie evidence of the apparent
good order of the cargo).
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Break Bulk |
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Loose
cargo, such as cartons, stowed directly in the ship's hold
as opposed to containerized or bulk cargo. See
"Containerization".
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Bulk Shipments |
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Shipments which are not packaged, but are loaded directly
into the vessel's holds. Examples of commodities that can
be shipped in bulk are ores, coal, scrap, iron, grain,
rice, vegetable oil, tallow, fuel oil, fertilizers, and
similar commodities.
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Carriage of Goods by Sea Act (C.O.G.S.A.) |
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1936
U.S. Statute governs the acts that a carrier is
responsible for, and it defines the terms used in
shipping. The act provides that the shipowner's liability
will be limited to $500.00 per shipping package, and it
states that there is a one year time limit for filing suit
against the carrier. This act automatically applies to
international ocean movements but not to domestic ocean
transits unless the carrier agrees to be bound by it
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Carrier |
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Usually
means Steamship Company, but can also refer to trucking
company, airlines, or railroads as transporters of cargo.
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Certificate of Insurance (Policy of
Insurance) |
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Document
issued on behalf of the Underwriter stating the terms and
conditions of the marine insurance. Issued when evidence
of insurance is required, as by the bank issuing the
Letter of Credit (especially on export shipment.)
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Charterer |
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One who
rents, hires, or leases a vessel from its owner.
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Charter Party |
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A
document containing the terms of a contract for the
renting or leasing of a vessel by the owner to the
charterer.
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Collision |
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In
marine insurance, a vessel striking another vessel or
floating (not stationary) object.
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Commercial Invoice |
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The
seller's bill of sale for the goods sold, specifying type
of goods, quantity and price of each type, and terms of
sale.
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Common Carrier |
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Transporter who hold himself out to the general public for
the transportation of goods over a definite route and
according to a regular schedule.
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Concealed Damage |
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Damage
to the contents of a package which is apparently in good
condition externally.
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Consignee |
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Party who is to
receive goods; usually buyer. |
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Consignor |
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Party who ships
goods; shipper; usually seller. |
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Containerization |
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Shipping
system based on large cargo-carrying containers ranging up
to 40' long that can be easily interchanged between
trucks, trains, and ships without rehandling the contents.
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Contingency Insurance |
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A
coverage contingent upon non-performance of a policy
issued abroad. If the Assured buys or sells on terms under
which the insurance is arranged by the other party, and
that Insurance protects the Assured's interest in such
shipment.
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Contract of Affreightment |
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The
contract of carriage between shipper and carrier, usually
expressed in the Bill of Lading, but subject to the
Carriage of Goods by Sea Act if a United States Port and a
foreign port are involved.
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C.T.L. (Constructive Total Loss) |
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See "Total
Loss". |
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Declaration |
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Form
filled out by Assured and sent to the broker and insurance
company when reporting individual shipments coming within
the terms of an Open Cargo Policy; usually used for
declaring import shipments where evidence of insurance is
not required. See "Certificate".
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Delay |
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Even
under All Risks coverage, damage due to delay is not
recoverable. Most Underwriters have inserted a "Delay
Clause" in the Open Cargo Policy, which states
specifically that damage caused by delay is not
recoverable even if the delay was due to a peril insured
against.
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Demurrage |
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1)
Penalty charged to cargo that is held beyond the generally
allowed number of days"free time" before it is picked up
by consignee.
2) A penalty that Charterer pays vessel owner for keeping
vessel at port of, loading or discharge longer than agreed
in the Charter Party.
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Depreciation |
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An allowance for
a decrease in value of property through deterioration, or
damage. |
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Detention |
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The
prevention, by governmental authority, of vessel and/or
cargo leaving port, particularly during time of
hostilities.
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Deviation |
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Any
unexcused departure from the prescribed or customary way
of pursuing the intended voyage covered by the Policy that
is of enough significance to alter the risk, such as
altering the intended route. Stowage of cargo on deck when
an "Under Deck" Bill of Lading has been issued is
considered a deviation. An Open Cargo Policy generally
includes the Deviation Clause, protecting the cargo owner
in case of deviation or change of voyage, or in case of
error in the description of the interest, vessel or
voyage. The carrier loses the benefit of the Exemptions
from Liability in the U.S. Carriage of Goods by Sea Act in
the case of intentional deviation, unless such deviation
be for the purpose of attempting to save life, or property
at sea.
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Difference in Conditions (D.I.C.) |
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An Open
Cargo Policy provides automatic coverage on those
shipments which the Assured is obligated to insure and
specifically excludes coverage on those shipments which
the Assured is not obligated to insure, such as those
purchased C.I.F. However, the party responsible for
insuring such shipment could be purchasing insurance with
more limited insuring conditions than the Assured would
have under his own Open Policy, had he had the
responsibility of placing the insurance. A D.I.C.
Endorsement gives the Assured coverage for the difference
in conditions between the coverage provided by the Policy
covering the shipment and the broader conditions provided
by the Assured's Open
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Discharge |
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To unload cargo
from a vessel. |
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Due Course of Transit |
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Uninterrupted movement of goods from point of origin to
destination without delay caused by cargo owner.
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Dunnage |
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Loose
wood or other material used in a vessel's hold to secure
and support cargo during voyage to prevent movement.
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Duty |
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A Government's
tax levied on imports; in the U.S., collected by U.S. Bureau
of Customs. |
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Exception |
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A
notation on a shipping document (Bill of Lading or
Delivery Receipt) qualifying the condition of the
merchandise to indicate damage.
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Exhibition Cover |
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A Marine
Cargo Policy normally covers only while in due course of
transit. An Exhibition Cover extends coverage to include
while the merchandise is on exhibit (usually at a trade
show) and the return shipment (unless the merchandise is
sold). Only the Marine Policy can be so extended to cover
while ashore; the War Policy cannot.
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EX (Point of Origin) |
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From the point
where the shipment begins movement, e.g. "Ex Factory" or "Ex
Mine" or "Ex Warehouse". |
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F.C. & S. (Free of Capture &
Seizure) |
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Clause
excluding war risks from the Marine Policy; war risks can
be covered by issuing a separate War Policy with an
additional premium being charged
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Fire Statute |
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1851
U.S. Statute that provides no shipowner can be held liable
for any loss or damage to merchandise on board his vessel
by reason of fire on board unless this fire has been
caused by the design or neglect of the shipowner.
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F.O.B/F.A.S. Endorsement |
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If a
merchant sells on F.O.B., F.A.S., C&F, or similar terms,
it is the buyer's responsibility to place the marine
insurance. However, if the buyer purchases marine
insurance that does not have a "Warehouse-to-Warehouse"
Clause, or Marine Extension clauses, the coverage may not
attach until the cargo is placed aboard the vessel. If the
merchant has an Open Cargo Policy, an F.O.B./F.A.S.
Endorsement provides automatic coverage on such shipments
until such time as the buyer's policy attaches. A type of
Contingency coverage.
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Fortuitous |
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Accidental;
happening by chance. |
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F.P.A.A.C. (Free of Particular
Average-American Conditions) |
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Limits
recovery of partial losses to those directly CAUSED BY the
vessel stranding, sinking, burning, or being in collision
with another vessel.
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F.P.A.E.C. (Free of Particular
Average-English Conditions) |
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Limits
recovery of partial losses due to a peril in the Perils
Clause to those occurring on a voyage in which the vessel
is stranded, sunk, burnt, or in collision with another
vessel. Under F.P.A.E.C. it is NOT NECESSARY that the
actual damage be caused by the vessel stranding, sinking,
burning, or being in collision, but only that one of these
HAS OCCURRED during the voyage to open up the F.P.A.
Warranty.
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Franchise |
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The
percentage of insured value of fixed dollar amount in the
policy which must be reached before an insured loss is
paid in full.
Similar to a deductible in that insured losses less than
the franchise are not paid. Different from a deductible in
that insured losses equal to, or more than, the franchise
are paid in full.
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Freight |
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The money
charged by the carrier for transportation goods. |
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General Average (G.A.) |
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Ancient
principle of equity in which all parties in a sea
adventure (ship, cargo, and freight) proportionately share
losses resulting from a voluntary and successful A)
Sacrifice of part of the ship or cargo to save the whole
adventure from an impending peril, or B) Extraordinary
expenses necessarily incurred for the joint benefit of
ship and cargo.
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General Average Adjuster |
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A marine
specialists who adjusts and prints the statement of
General Average; appointed by the shipowner, as a rule,
and in the United States is usually a member of the
Association of Average Adjusters; collects security and
authorizes release of cargo to owners when cargo is fully
secured.
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General Average Bond |
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A bond
prepared by the General Average Adjuster wherein the owner
of the goods binds himself to pay his proportion of the
General Average. Ordinarily General Average Adjusters will
not authorize delivery of the goods to the owner until he
signs this bond which is AKA Average Agreement.
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General Average Deposit |
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A cash
deposit (usually based on the estimated percentage of
General Average) which the General Average Adjuster
demands from the owner of the goods to secure the payment
of his proportion of the General Average. This cash
deposit is usually demanded as additional security to the
General Average Bond. See "General Average Guarantee".
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General Average Guarantee |
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The
Insurance Company's written guarantee to the Adjuster
guaranteeing to pay the proportion of General Average
finally assessed against the goods insured. This guarantee
is usually accepted by the Adjuster in lieu of a cash
deposit and is additional security to the bond signed by
the owner of the goods.
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Grounding |
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Striking or
touching the bottom; running ashore. See "Stranding". |
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Hague Rules |
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A set of
rules for the regulation of foreign bills of lading in the
carriage of goods by sea that resulted from a 1921
conference of maritime nations at the Hague. The 1922
revised Hague Rules were recommended to the governments of
the maritime nations or adoption as the basis for their
Carriage of Goods by Sea Act which would provide for
enforcement. The U.S. adopted the Hague Rules with some
changes in 1936 when it passed C.O.G.S.A.
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Harter Act |
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1893
U.S. Statute that relieves the owner of a ship from the
consequences of careless or negligent acts in the
navigation or in the management of the vessel, and from
liability for losses caused by inherent defects or
weakness in the vessel itself, provided the owner or his
manager has taken all precautions to furnish a seaworthy
vessel that has been adequately equipped and manned by a
competent master and crew; this act still applies to
domestic water shipments by common carriers, although it
has been superseded by C.O.G.S.A. on shipments to and from
foreign countries.
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Increased Value Insurance |
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Insurance that covers an increase in the value of the
property insured. A rising market usually necessitates
such insurance, which is ordinarily for a separate amount
in excess of the total insured value of the property which
has increased in value.
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Inherent Vice |
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A loss caused by
the inherent nature of the thing insured and not the result
of a casualty or external cause. |
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Irrespective of Percentage |
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Means
that all loss or damage due to a peril insured against is
collectible in full, without a franchise having to be
reached, or a deductible applied. See "Average Clauses".
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Joint Policy |
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A policy
in which two or more underwriters (companies) participate
insuring a single risk. This is not reinsurance.
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L.A.S.H. (Lighter Aboard Ship) |
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A
transportation system in which specially designed barges
(lighters), after being loaded with cargo, are loaded
aboard the vessel to become an integral part of the
vessel. See "Lighter".
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Lead Underwriter |
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The underwriter
who formulates rates and conditions and accepts the largest
participation in a joint policy. |
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Legal Liability |
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Responsibility
imposed by law. |
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Letter of Credit |
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The most
common method of financing ocean cargo shipments, whereby
a fund is established by the buyer in a bank located near
the seller, against which the seller is authorized to draw
drafts for goods purchased by the buyer.
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Lighter |
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A large,
open flat-bottomed barge used in unloading and loading
ships wherever shallow water prevents the ships from
coming into shore.
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Limitation of Liability |
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U.S. Act
of 1851 granting a shipowner the right to limit his
liability for the damage arising out of a collision
(provided the collision occurred without his privity or
(knowledge) to the value of the vessel at the end of the
voyage on which the collision occurred.
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Lloyd Register |
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An
alphabetical register of vessels completely describing
them and containing other information valuable to a Marine
Insurance Company; published by Lloyds Register of
Shipping.
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Loan Receipt |
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Document
signed by the Assured where he acknowledges receipt of
money advanced by the insurance company as an interest
free loan (instead of payment of a loss) repayable to the
insurance company only if the loss is recovered from a
third party and then only to the extent of the recovery.
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Loss of Market |
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A
situation in which, for one reason or another, sound cargo
is no longer wanted by the consignee when it arrives. This
is a "business loss" not recoverable under a Marine Cargo
Policy; e.g. Christmas trees arriving in January
undamaged.
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Marine Extension Clause (M.E.C.) |
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Clause
"temporarily" added to the Cargo Policy during World War
II to extend the Warehouse Clause to provide automatic
coverage on the cargo form the time it leaves the
warehouse of origin until it arrives in the warehouse at
destination, regardless of any deviation, delay, forced
discharge, reshipment, transhipment, or any other
interruption in the due course of transit beyond the
control of the Assured. The clause is still common to most
cargo policies. See "Warehouse to Warehouse Clause".
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Named Perils Policy |
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Any marine
policy limiting coverage to perils specifically listed in
the policy; opposed to All Risks policy. See "All Risks". |
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Non-Delivery |
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A cargo
loss in which an entire shipping package is missing at
destination without any evidence of the cause of its loss;
does not include pilferage.
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On Deck Cargo |
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Cargo
carried on the main deck of the vessel, or other spaces
above the main deck; cargo carried on deck is subject to
damage by wind, sea water, and being washed overboard.
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Open Policy |
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A cargo
policy with no expiration date that provides automatic
coverage of cargo shipments to or from an Assured in a
specified trade at agreed rates, terms, and conditions.
Usually consists of separate Marine and War policies.
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Pallet |
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A low portable
platform, usually wooden, on which cargo is stacked for
storage or transportation; a skid. |
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Partial Loss |
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Any loss which
is less than a total loss; i.e. Particular Average or
General Average loss. |
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Particular Average (PA) |
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A
partial loss of the property insured caused by a peril
insured against, and which is not a General Average loss.
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Particular Average (PA) Adjustment |
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Cargo is
insured at an agreed valuation; therefore, the surveyor
establishes the percentage of damage to the goods which is
then applied to the agreed value to determine the amount
of claim. Where a percentage of damage cannot be agreed,
it is common for the damaged goods to be sold. The amount
of claim is then computed by determining the sound market
value of the goods on the date of sale (as if undamaged),
comparing it to the amount for which they were sold,
thereby obtaining a percentage of depreciation which can
be applied to the agreed value.
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Perils of the Seas |
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Fortuitous accidents or casualties, peculiar to
transportation on navigable water, such as stranding,
sinking, collision of the vessel, striking a submerged
object, or encountering heavy weather or other usual force
of nature.
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Pilferage |
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The theft of
part of the contents of a shipping package. |
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Recovery |
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See
"Subrogation". |
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Release |
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Document
signed by third party claimant in which he acknowledges
receipt of claim payment (by or on behalf of Assured) and
agrees to make no further claim.
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Ro-Ro (Roll-on-Roll-Off) |
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A
specially constructed vessel having a ramp on the top
which can be raised to a vertical position and lowered to
permit trucks and trailers to load under their own power.
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Salvage |
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1) The
service rendered by a third party for assistance in saving
ship or cargo from peril.
2) The monetary award granted for such service.
3) That which is saved.
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Salvage Award |
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The sum awarded
to salvors for saving property damaged or endangered in a
Maritime adventure. |
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Salvage Charge |
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The cost
incurred saving, preserving a reclaiming cargo or vessel
after an accident. |
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Salvage Loss Adjustment |
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1) Adjustment
of a C.T.L. claim on property where the salvage received
by the Assured is deducted from the insured value, and the
difference is paid by the Underwriter to the Assured.
2) Can only be used to adjust PA claims if agreed by
Assured and Underwriters prior to the loss. See
"Particular Average (PA) Adjustment".
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Salvage Value |
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The
amount of money realized by selling damaged property. Also
used to describe that portion of the property itself which
is salved from a loss; i.e. salvage.
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Salvor |
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A Third Party
who saves or assists in the saving or a vessel or property
from loss at sea. |
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Seaworthy |
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The
sound condition of a vessel enabling it to successfully
meet all the varying conditions of sea, wind, and weather
normally to be expected on the voyage.
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Shipper's Load and Count |
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Note on
bill of lading indicating that the contents of a container
were loaded and counted by the shipper and not checked or
verified by the Steamship Company.
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Sinking |
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A vessel
losing buoyancy and becoming submerged. It is not
necessary that she disappears, as a vessel may sink in
shallow waters. If she is submerged to the depth the water
permits, she is a sunken vessel.
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Stevedore |
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A person who
loads or unloads a ship; a longshoreman. |
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Stowage |
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The placement of
cargo aboard the vessel. |
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Stranding |
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The
grounding of the vessel, causing her to remain fast for an
appreciable length of time. Mere contact with the ground
in which the vessel, without losing her momentum, proceeds
on her course, commonly termed "touch-and-go", is not
considered a stranding.
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Subrogation |
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The
operation by which the insurance company (on payment of a
claim) assumes all of the assured's rights to recovery
from any third parties; substitution of one creditor for
another.
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Subrogation Receipt |
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A
document signed by the cargo owner acknowledging receipt
of payment of a claim, and assigning his rights of
recovery (against any third party) to the insurance
company.
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Sue and Labor Clause |
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The
clause in a marine policy requiring the Assured, in the
event of a loss, to act as a prudent uninsured and
minimize damage by taking steps to save and preserve the
property from further loss or damage. The clause provides
that charges or expenses reasonably incurred in preserving
the property are recoverable from Underwriters, if the
loss itself is recoverable.
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Survey |