Marine Cargo Claim: Damage due to Accident to the carrying truck with overloaded cargo

[AMOL SAWANT]

Dear Sirs,

 

Request your opinion in the following case:-

 

The insured in this case is the "CONSIGNEE". The goods were loaded in a truck having carrying capacity of 16,000 Kg. The net weight of the cargo was 22,000 Kg. The truck overturned while taking a turn and the cargo was damaged. There was no human injury / collision.

 

The transporter arranged for the transhipment. No spot Survey was done & Police were also no informed.

 

The consignee (insured) received the cargo in damaged condition under protest. The Surveyor assessed the loss and mentioned remarks as "Truck was overloaded".

 

The consignee was not aware about the overloaded truck.

 

Is this claim falls under any exclusion under ITC A?

 

Does the insurer has a right to reject the claim saying that the truck was overloaded?

--
Best Regards,
Amol Sawant

[Swadesh Kumar Dhamija]

Dear Sir
The declaration given to the insurers
1. Insurers can not refuse to accept the liability
2. Overloading has nothing to do with the - maarin e policy , in ieu  of the declaration of the consignment
 
just my opinion
 
best regards 

 
ER.  SWADESH KUMAR  DHAMIJA & ASSOCIATES      
 J52 A, Tagore Nagar,
Heerapura, Ajmer Road,
 Jaipur-302024
PH: 91-141-2351631, 2352332 -O/R,
 FAX: 91-141-352332, Mobile: 9829010332.
e-mail : tarang...@hotmail.com





 

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Date: Fri, 10 Dec 2010 23:30:55 +0530
Subject: [Adjusters:10807] Marine Cargo Claim: Damage due to Accident to the carrying truck with overloaded cargo
From: amol.t...@gmail.com
To: Insurance...@googlegroups.com

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[Sushil Maroo and Co.]

1. If spot survey/police report not done, it is not affecting the case.

 

2. If the truck is overloaded, than the underwriter may reject the claim. Now a days the underwriters are much sensitive on this issue as earlier. As learnt, there was judgement of Supreme Court also in this regard (further details are not available with me).

3. If the insured is consignee, it may not affect the case. More comments are welcome.

On Fri, 10 Dec 2010 23:30:00 , AMOL SAWANT <amol.t...@gmail.com> wrote

Dear Sirs,

 

Request your opinion in the following case:-

 

The insured in this case is the "CONSIGNEE". The goods were loaded in a truck having carrying capacity of 16,000 Kg. The net weight of the cargo was 22,000 Kg. The truck overturned while taking a turn and the cargo was damaged. There was no human injury / collision.

 

The transporter arranged for the transhipment. No spot Survey was done & Police were also no informed.

 

The consignee (insured) received the cargo in damaged condition under protest. The Surveyor assessed the loss and mentioned remarks as "Truck was overloaded".

 

The consignee was not aware about the overloaded truck.

 

Is this claim falls under any exclusion under ITC A?

 

Does the insurer has a right to reject the claim saying that the truck was overloaded?

--
Best Regards,
Amol Sawant

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[Sandeep H. Mashru]

Dear Sirs,
I agree with Mr. Sushil on the second point.
From the details it appears to FTL consignment on door delivery basis.
I feel that even if spot survey / police report is not done, Insurer will resist to pay full claim on point of overloading.
I am of the view that the Insured even if he is consignee is aware of that consignment is overloaded as he is having dispatch details, aware of freight element etc. so consignee is not ignorant except in stray cases.
Normally claims are paid as Nonstandard claim as there is breach of condition which now a days is mentioned in most of the Private Insurers policy.
More view are welcome.
regards
Sandeep H. Mashru

[javed malik]

Dear brothers,

1. It is the fault of carriage company. Issue of road worthiness of carrying vehicle having carrying capacity of 16000 kilograms can be raised here.
2. Breach of policy terms/conditions is there.
3. The matter should have been reported to Police and spot survey was necessary. Now it is point of verification whether the consignees was aware of that accident or not. If not then again the carriage company is responsible.
4. It is also violation of carriage of good by road Act. Again the Carriage company is responsible.
5. If the carrying vehicle is owned by the consignees then the situation will be quite different.
6. Insurers may pay the claim on protecting the right of subrogation.
7. If not express condition or warranty is present then the implied warranty/condition in respect of "road worthiness" would apply.
8. There is much difference in 16000 and 22000 which can not be ignored.

Thanks

Qayyum Pervez Malik (Pakistan)

[ASAR]

Dear Friends,   I am not practicing in Marine Cargo department from 2001.  However, from the earlier knowledge, I wish to present my opinion.   The Clause attached is ITC A which does not excludes loss due to road accident.  Though it is over loading, two issues to be resolved is   1. Wether the overloading is material to the loss.   2.  Wether the consignee knows the case and admitted willfully.   There is no doubt regarding the liability of the transporter.  In my opinion, the insurer is liable for the loss.  As discussed, the consignee / claimant has to protect the insurer's rights over the transporter.    Expecting the Comments of  other members   ASAR         -------Original Message-------

[Er.Balvinder Singh]

Dear Guys,

 

The policy does not exclude this loss untill & unless it is express condition by underwriter as warranty but surely the claim could be negotiated with insured in view of his ignorance and might be settled on substandard basis.

 

Regards

Balvinder

[KC.G...@nic.co.in]

Agree with the views of Mr. Dhamija. However this remark by the surveyor supported by GR and RC will help the recovery agent for a better recovery bargain.

With regards,

K.C GUPTA
Regional MANAGER,
National Insurance Company Ltd.,
Ahemadbad Regional Office,
Phone 079-26581031, IP-300000-204
Mobile -09909920049 (Gujrat), 09829028456 (Rajasthan)
National Insurance Company Ltd.

-----insurance...@googlegroups.com wrote: -----

To: Adjuster <insurance...@googlegroups.com>
From: Swadesh Kumar Dhamija
Sent by: insurance...@googlegroups.com
Date: 12/11/2010 10:19AM
Subject: RE: [Adjusters:10808] Marine Cargo Claim: Damage due to Accident to the carrying truck with overloaded cargo

NATIONAL INSURANCE COMPANY LIMITED ******************************************************************************************** Most Preferred Automobile Insurer - J.D. Power Asia Pacific 2010 ******************************************************************************************** "Most Preferred Non Life Insurer" - CNBC AWAAZ Consumer Awards 2009..... ******************************************************************************************** DISCLAIMER: ------------------------------------------------------------------------------------------------- The contents of this E-mail and any attachment(s) are confidential and intended for the named recipient(s) only. If you are not the intended recipient of this E-mail, kindly delete the E-mail immediately and take pains to inform the sender. Any form of reproduction, dissemination, copying, disclosure, modification, distribution and/or publication of this E-mail without the prior written consent of the author of this E-mail is strictly prohibited. Before opening any E-mail and attachments please check them for viruses and defects. The internet cannot guarantee the integrity of this E-mail. National Insurance Company Limited shall not therefore be liable for the contents of this E-mail, if modified. -------------------------------------------------------------------------------------------------

[AMOL SAWANT]

Dear All,

 

To update on the result of the claim; the liability was admitted by the Insurer. However the claim was paid on Non-std basis.

 

Thanks for your comments.

 

Best Regards,

Amol Sawant

Best Regards,
Amol Sawant

[Pramod Vora]

----- Forwarded Message ----
From: YOGESH VORA <yoges...@futuregenerali.in>
To: "KC.G...@nic.co.in" <KC.G...@nic.co.in>
Cc: "pravin_vo...@yahoo.com" <pravin_vo...@yahoo.com>; Pramod Vora <vora....@yahoo.in>
Sent: Fri, 25 March, 2011 9:57:47 AM
Subject: RE: [Adjusters:11172] Marine Cargo Claim: Damage due to Accident to the carrying truck with overloaded cargo

Dear Sir,

 

I have a different opinion here.

 

If the consignment is loaded in insured’s premises and found heavily overloaded,  such an act by insured invokes exclusion “ wilfull misconduct”  in the Marine Policy as insured was privy to overloading of consignment and hence claim is not admissible.

 

Regards,

Yogesh Vora

Sr. Manager – Claims

Future Generali India Insurance Co. Ltd.,

Ahmedabad.

 

From: Pramod Vora [mailto:vora....@yahoo.in]
Sent: Friday, March 25, 2011 9:37 AM
To: YOGESH VORA
Cc: pravin_vo...@yahoo.com
Subject: Fw: [Adjusters:11172] Marine Cargo Claim: Damage due to Accident to the carrying truck with overloaded cargo

 

 

 

----- Forwarded Message ----
From: "KC.G...@nic.co.in" <KC.G...@nic.co.in>
To: insurance...@googlegroups.com
Cc: insurance...@googlegroups.com
Sent: Thu, 24 March, 2011 12:05:13 PM
Subject: RE: [Adjusters:11172] Marine Cargo Claim: Damage due to Accident to the carrying truck with overloaded cargo

Agree with the views of Mr. Dhamija. However this remark by the surveyor supported by GR and RC will help the recovery agent for a better recovery bargain.

With regards,

K.C GUPTA
Regional MANAGER,
National Insurance Company Ltd.,
Ahemadbad Regional Office,
Phone 079-26581031, IP-300000-204
Mobile -09909920049 (Gujrat), 09829028456 (Rajasthan)
National Insurance Company Ltd.

-----insurance...@googlegroups.com wrote: -----

To: Adjuster <insurance...@googlegroups.com>
From: Swadesh Kumar Dhamija
Sent by: insurance...@googlegroups.com
Date: 12/11/2010 10:19AM

Subject: RE: [Adjusters:10808] Marine Cargo Claim: Damage due to Accident to the carrying truck with overloaded cargo

Dear Sir
The declaration given to the insurers
1. Insurers can not refuse to accept the liability
2. Overloading has nothing to do with the - maarin e policy , in ieu  of the declaration of the consignment
 
just my opinion
 
best regards 

 

ER.  SWADESH KUMAR  DHAMIJA & ASSOCIATES      
 J52 A, Tagore Nagar,
Heerapura, Ajmer Road,
 Jaipur-302024
PH: 91-141-2351631, 2352332 -O/R,
 FAX: 91-141-352332, Mobile: 9829010332.
e-mail : tarang...@hotmail.com





 

---

Date: Fri, 10 Dec 2010 23:30:55 +0530
Subject: [Adjusters:10807] Marine Cargo Claim: Damage due to Accident to the carrying truck with overloaded cargo
From: amol.t...@gmail.com
To: Insurance...@googlegroups.com

Dear Sirs,

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NATIONAL INSURANCE COMPANY LIMITED

********************************************************************************************   Most Preferred Automobile Insurer - J.D. Power Asia Pacific 2010   ********************************************************************************************   "Most Preferred Non Life Insurer" - CNBC AWAAZ Consumer Awards 2009.....   ********************************************************************************************   DISCLAIMER: ------------------------------------------------------------------------------------------------- The contents of this E-mail and any attachment(s) are confidential and intended for the named recipient(s) only. If you are not the intended recipient of this E-mail, kindly delete the E-mail immediately and take pains to inform the sender. Any form of reproduction, dissemination, copying, disclosure, modification, distribution and/or publication of this E-mail without the prior written consent of the author of this E-mail is strictly prohibited. Before opening any E-mail and attachments please check them for viruses and defects. The internet cannot guarantee the integrity of this E-mail. National Insurance Company Limited shall not therefore be liable for the contents of this E-mail, if modified. -------------------------------------------------------------------------------------------------

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