War risks/perils

Fundamental risks connected with political and related matters capable of causing widespread damage. War risks are excluded from material damage policies covering property on land and more usually covered under central government schemes. War perils include: war, civil war (q.v), rebellion, insurrection, usurped power, military or usurped power, civil commotion, martial law. See WAR AND CIVIL RISKS EXCLUSION ON AGREEMENT.

Warehouse to warehouse clause

Clause within the Duration Clause of the Institute Cargo Clause providing that cover attaches when the cargo leaves the warehouse at the starting place and ends at final port on the basis of the soonest of delivery: (a) at final warehouse at named destination; (b) at any other warehouse elected by insured at, or prior, to destination; or (c) 60 days after discharge overside at final destination.
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Marine cargo clause which provides coverage from the originating warehouse to the terminating warehouse with certain limitations and also subject to the law of insurable interest.

Warning notice

Disciplinary notice detailing the FSA’s proposed course of action in regard to alleged unsatisfactory conduct by an authorised person. The recipient can respond by stating why no action should be taken against him. If unconvinced the FSA can proceed to a decision notice. See PRIVATE WARNINGS.

Warsaw Convention

A 1929 agreement (updated by the Hague Protocol 1955) that limits the liability of airlines in the event of accidents’ on international flights. In 1966, the top limit was increased to $75,000 for personal injury except in the event of the airline’s ‘wilful misconduct’. This limit no longer applies to EC carriers following the EC Regulation 2027/97. Other carriers have also contracted out of the Convention’s injury limits. The Convention, which also limits liability on luggage, continues to apply in some situations. The IATA Inter-Carrier Agreements on Passenger Liability has modernised’ the Warsaw Convention principally by increasing or removing the limitations on passenger liability for injury or death, revising the basis for airline liability and simplifying ‘travel documents’. See IATA.
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An agreement between nations establishing limits to the amount of liability a company will be obligated to pay for bodily injury or death stemming from injuries incurred on an international flight.
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This convention dealt with the liability of the air carrier in respect of injury to passengers, damage to their baggage and damage to cargo carried. This convention established the principles of presumption of liability against the carrier, fixed the limits of such liability and laid down the defenses available to the carrier as also the circumstances in which the carrier loses the benefit o fixed liability limits. India, which is a signatory to the Convention, gave statutory effect to the provisions of the Convention, by passing the Carriage by Air Act, 1972.” See Also: “Carriage by Air Act, 1972.”

Waste Warranties

Warranty under commercial fire insurance cover requiring the insured to take specific action to control waste. Examples: all oily and/or greasy waste remaining in the building overnight to be kept in metal receptacles with metal lids and removed from the building once a week; warranted all combustible trade waste and refuse be removed from the building every night; warranted all sawdust, shavings and other refuse be removed from the buildings every night.

Waterborne Agreement

Marine market agreement whereby underwriters will cover goods against war risks while they are actually on the overseas vessel subject to a 15 day time limit after arrival at the destination. Limited cover applies while the goods are in craft en route between the ship and the shore and, also during trans-shipment. The agreement is given effect in the Institute War Clauses (Cargo) by the Waterborne Clause.
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A London market agreement whereby all cargo Insurers undertake not to provide cover against war risks for cargo whilst it is on land except for a limited period in a dock area whilst it awaits loading on to an on-carrying vessel during transshipment.