Imported machines were extensively damaged due to no protective packing - Is claim admissible under marine insurance policy?
A importer has imported a second hand Machinery from Singapore and as per contract seller had to load them at Load Port. On arrival, the machines were extensively damaged due to no protective packing. Is claim admissible with ICC A Cover under marine insurance policy?
No, as the packing was not sufficient, it would be rejected by insurer.
Not cover as per exclusion - 4.3, see below:Originally Posted by manak_001
EXCLUSIONS UNDER ICC 'A'
4 In no case shall this insurance cover
4.1 loss damage or expense attributable to wilful misconduct of the Assured
4.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured
4.3 loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject-matter insured (for the purpose of this Clause 4.3 "packing" shall be deemed to include stowage in a container or liftvan but only when such stowage is carried out prior to attachment of this insurance or by the Assured or their servants)
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