‘Armed conflict of states in which each seeks to impose its will upon the other by force. It is not a blind struggle between mobs of individuals without guidance or coherence, but a conflict of organised masses moving with a view to cooperation, acting under the impulse of a single will and directed against a definite objective.’ (F.H. Jones).
Tag: UK
War and civil war risks exclusion agreement
Non-marine insurance companies and Lloyd’s underwriters agreed not to cover the consequences of war risks on land. Consequently the government provides cover in times of war. A standard exclusion of war (and civil war) appears in non-marine policies other than life. War risks cover is available in the marine and aviation markets. See WAR RISKS INSURANCE; WATERBORNE AGREEMENT.
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An agreement between Lloyd’s underwriters and non-marine insurance companies that they will not cover certain war and civil war risks on land.
War risks insurance
Cover on ships or cargo against war risks, derelict mines, torpedoes, bombs etc.. Cover is under the Institute War Clauses (Cargo) and the Institute War and Strikes Clauses (Hulls-Time). Cargo is covered under a voyage policy only while on board the oversea vessel except for restricted cover while in craft. War risks and strikes cover for hulls is on a time policy but cover terminates automatically if there is war between the major powers, or the vessel is requisitioned, otherwise it can be terminated at seven days’ notice. Open covers and floating policies are also subject to seven days’ cancellation. The waterborne agreement brings marine insurance into line with non-marine insurance (i.e. excludes war risks on land-based property). See WAR AND CIVIL WAR EXCLUSION AGREEMENT; WAR RISKS.
War risks policies (aviation)
War, hijacking and similar risks are underwritten in a specialist market and in the marine and aviation market. Cover for war risk liabilities is underwritten in the aviation market only.
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.
Warranted free from particular average
Marine insurance term applied when the policy does not cover partial loss other than a general average loss. Since the introduction of the Institute Cargo Clauses (1/1/82), the words ‘particular average’ no longer appear in policies but the term lives on in marine insurance circles where its meaning is well known.
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.”