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"As of the first half of 2002, a large number of US marine cargo markets
have restricted coverage for physical loss or damage to cargo due to
terrorism. These markets have most often endorsed policies using "SR&CC
Endorsement (Form No. 11)" or via "Termination of Transit Clause (Terrorism)
U.S.A". Markets advise that these restrictions are due to changes in the
reinsurance market place following the events of 9/11."
Endorsement for Open Policies (Cargo)
Strikes, Riots & Civil Commotions
(March 1, 2002)
To be attached to and form a part of Policy
This endorsement cancels and supercedes the previously issued SR&CC
Endorsement (December 2, 1993).
INSURANCE ALSO COVERS:
(1) Physical loss of or damage to property insured directly caused by
strikers, locked-out workmen, or persons taking part in labor disturbances
or riots or civil commotions;
(2) Physical loss of or damage to the property insured directly caused by
vandalism, sabotage or malicious acts; and,
(3) Physical loss of or damage to the property insured directly caused by
the act or acts of one or more persons, whether or not agents of a sovereign
power, carried out for political, terroristic or ideological purposes and
whether any loss, damage or expense resulting therefrom is accidental or
intentional; PROVIDED that any claim to be recoverable under this subsection
(3) be not excluded by the F.C. & S. Warranty in the Policy to which this
endorsement is attached. Notwithstanding the foregoing, coverage under this
subsection (3) is conditional upon the property insured being in the
ordinary course of transit and, in any event, shall terminate:
(a) As per the Warehouse to Warehouse Clause, Marine Extension Clause, 60
Day South American Clause and any other clauses relating to duration of
transit contained in or endorsed onto the Policy; or,
(b) on delivery to the consignee’s or other final warehouse or place of
storage at the destination named herein; or,
(c) on delivery to any warehouse or place of storage, whether prior to or at
the destination named herein, which the Assured elects to use either for
storage other than in the ordinary course of transit or for allocation or
(d) in respect of marine transits, on the expiry of 60 days after completion
of discharge overside of the property insured from the vessel at the port of
(e) in respect of air transits, on the expiry of 30 days after unloading the
property insured from the aircraft at the place of discharge;
whichever shall first occur.
While the property insured is at risk under the terms and conditions of this
insurance within the United States of America, the Commonwealth of Puerto
Rico, the U.S. Virgin Islands and Canada, this insurance is extended to
cover physical loss of or damage to the property insured directly caused by
acts committed by an agent of any government, party or faction engaged in
war, hostilities or other warlike operations, provided such agent is acting
secretly and not in connection with any operation of military or naval armed
forces in the country where the described property is situated.
Nothing in this endorsement shall be construed to cover any loss, damage or
expense directly or indirectly arising from, contributed to or caused by any
of the following, whether due to a peril insured against or otherwise:
(a) change in temperature or humidity;
(b) the absence, shortage, or withholding of power, fuel, or labor of any
description whatsoever during any strike, lockout, labor disturbance, riot
or civil commotion;
(c) loss of market or loss, damage or deterioration arising from delay;
(d) hostilities, warlike operations, civil war, revolution, rebellion or
insurrection, or civil strife arising therefrom, except to the limited
extent that the acts of certain agents acting secretly have been expressly
covered above; or,
(e) nuclear reaction, radiation or radioactive contamination.
The Assured agrees to report all shipments attaching under this cover and to
pay premiums therefore at the rates established by the Assurer from time to
This endorsement may be canceled by either party upon forty-eight hours
written, telegraphic or telefaxed notice to the other party, but such
cancellation shall not affect any risks which have already attached
Effective with respect to shipments made on or after . . . . . . .
All other terms and conditions remain unchanged.
Dated . . . . . . . . . . . , 20. . . . .
Endorsement No. Date of Issuance:
THIS ENDORSEMENT, EFFECTIVE WITH ALL SHIPMENTS MADE ON AND AFTER FORMING A
PART OF POLICY NO. OF THE
Termination of Transit Clause (Terrorism) U.S.A.
It is understood and agreed that this Termination of Transit Clause shall be
paramount and absolute, overriding any clause or clauses, or any other
provisions stamped or endorsed to this open cargo policy.
1. Notwithstanding any provisions to the contrary contained in this policy,
its endorsements, or the clauses referred to therein, it is understood and
agreed that in so far as this policy covers loss of or damage to the subject
matter insured directly caused by the act or acts of one or more persons,
whether or not agents of a sovereign power, carried out for political,
terroristic or ideological purposes and whether any loss, damage or expense
resulting therefrom is accidental or international, such cover is
conditional upon the subject matter insured being in the ordinary course of
transit and, in any event, shall terminate:
1.1 As per the transit clauses within or any other provisions stamped or
endorsed to this open cargo policy.
1.2 on delivery to the Consignee’s or other final warehouse or place of
storage at the destination named herein;
1.3 on delivery to any warehouse or place of storage, whether prior to or at
the destination named herein, which the Assured elect to use either for
storage, processing, exhibition, or any other like facility, other than the
ordinary course of transit, or for allocation or distribution;
1.4 in respect of wet marine transits, on the expiry of 60 days after
completion of discharge overside of the goods hereby insured from the vessel
at the port of discharge,
1.5 in respect of overland transits, not considered to be transshipments as
part of 1.4, on the expiry of 60 days after commence of the overland
1.6 in respect of air transits, on the expiry of 30 days after unloading the
subject matter from the aircraft at the place of discharge,
whichever shall first occur.
2. This clause is subject to English law and customs, except in the United
States and its possessions where the law and customs of the United States
ALL OTHER TERMS AND CONDITIONS REMAINING UNCHANGED.