Section 1: Broker & Insurer Information
Section 2: General Information & Conditions
Section 3: Scope of Coverage
Section 3A: Parcel
Section 3B: Freight
This Insurance Information Summary provides a summary of the insurance offered through Cabrella Shipping Insurance Intelligence to its Members, including a summary of coverage under the Insurance Policy as well as a description of the broker and insurer on the Insurance Policy. For full policy wording, please contact Cabrella. All capitalized terms used but not defined in this document s) shall have the meaning assigned to such term in the Terms and Conditions.
You acknowledge that the insurance program and coverage described below is brokered and administered by Meslee Insurance Services, Inc. (CA Department of Insurance License Number OB86528) with principal office located at 7164 Melrose Avenue, Los Angeles, CA 90046.
You also acknowledge that the insurance coverage is being provided under a Shipper’s Interest Insurance policy issued by Navigators Insurance Company, a brand of The Hartford, a United States based admitted carrier.
PREMIUMS NOT PAID
If the premium payment is not received, all coverage and pending claim payments under this Insurance Policy will be suspended until reinstated by the Insurer.
INSURANCE DISCONTINUANCE CLAUSE
CABRELLA reserves the right to disallow any user to purchase CABRELLA Insurance at any time with notice per policy. CABRELLA may discontinue Your insurance, if CABRELLA provides You a fourteen (14)-day written notice. CABRELLA may also discontinue Your insurance due to any change in material facts as determined following the issuance of any certificate, provided CABRELLA gives You a ten (10)-day written notice. Notwithstanding the fourteen (14)-day discontinuation notice, CABRELLA may, subject to ten (10)-d ay notice in writing, require You to modify security measures or reduce package limits if the loss experience warrants such actions.
INSURANCE RATE REVISION:
CABRELLA, or the Insurer, as applicable, reserves the right, subject to the terms and conditions of the Insurance Policy, to adjust rates on any user if the loss ratio experience warrants such actions, provided CABRELLA gives you a fourteen (14)-day written notice.
INPUT OF PACKAGE LEVEL DETAIL
When generating shipping labels through the TMS via any Carrier, you must declare the correct package-level details, including, but not limited to, address, weight, dimensions, residential or out of area/rural location, Customs duty and/or tax liability, etc., of each shipment accurately. You agree that in no event will CABRELLA be liable to You or any User for the loss or non-delivery of a parcel resulting from any error, discrepancy, or misstatement in shipment details inputted by You or any User. Failure to provide accurate shipping information, including, but not limited to, the correct tracking or bill of lading number, cargo or package contents, Carrier, service type, packaging type, shipment origin, shipment destination, and date, all corresponding to the shipment declared, may void coverage.
VERIFICATION OF MAILING
For a package to be covered, the shipping Carrier must verify acceptance of Your package for mailing. This is found on the respective tracking websites of the shipping Carriers. If a shipping label is printed but not scanned by the Carrier as accepted (or if there is no other proof of transfer of possession) it is deemed as never been mailed and there is no coverage.
For insurance coverage to be in force, you must use shipping labels (or carrier provided pouches) that adhere directly to the packaging. Shipments with labels attached in other manners that can be removed or replaced may void coverage, unless required by customs person or firm or official charged with such transits OR unless specifically agreed to by Cabrella in writing.
Signature requirements are set by CABRELLA and will depend on the value of the shipment and/or an assessment of current risk factors. When You select "Delivery Confirmation" or no signature confirmation for delivery by any Carrier, the Carrier’s confirmation in accordance with Your selection constitutes proof of delivery and Coverage for such shipment will terminate upon delivery. In instances where a delivery signature is required by the TMS but the recipient waives the signature, Coverage for the shipment will be void. If, however, You prove that You instructed the Carrier not to allow waiver of signature, and the Carrier nevertheless waived the signature against Your instructions, coverage shall remain in force.
SECURITY BOXES, BAGS & SEAL REQUIREMENT (Parcel)
For certain Users, commodities and conditions, tamper evident security bags and/or security boxes and seals are required for coverage to apply. All Users will be made aware of this requirement should it apply to them and will have instructions for use within their specific underwriting guidelines. For security boxes, each security box comes with two seals, each of which have random but unique identifying numbers on them. Users are responsible for keeping track of seal numbers used with corresponding shipments and may be required to provide this information in event of a claim. For new accounts, CABRELLA will send the first set of materials (User’s choice) free of charge. Thereafter, clients will be charged per order plus shipping, handling and tax, as may be applicable. Such charges will be added to their invoice at the end of each month.
RECOVERY & INSURABLE INTEREST
In order to recover under the Insurance Policy, You must have an insurable interest in the subject-matter insured at the time of the loss. All packaging material and damaged goods must be kept in the original form as received. Packaging and damaged goods should not be disposed of or released to the Carrier before a claim is completed. Failure to comply may result in the denial of the claim due to insufficient evidence. In all applicable cases, the Insurer will rely on the determination of responsibility made by the original Carrier to assist in substantiating the loss. Any damage to a parcel that was not repaired must be made available to us or the Insurer, if requested.
Subject to the terms and conditions of the Insurance Policy, this insurance covers up to a certain limit per package as shown on the Coverage Guideline section of the User account at log in. For packages shipped via envelopes, padded packs or any other non-rigid materials, Coverage is limited to $1,000.00 per package unless otherwise agreed to in writing by Cabrella.
Premium for shipments will be charged at rates listed on the Coverage Guideline section of the User account at log in.
TERRITORIAL EXCLUSION FOR SANCTIONED COUNTRIES
Sanction Limitation and Exclusion
No (re)insurer shall be deemed to provide cover and no (re)insurer shall be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose that (re)insurer to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, United Kingdom or United States of America.
The United States of America trade or economic sanctions, laws or regulations shall include, but not be limited to, those sanctions administered and enforced by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) and sanctions that may be imposed by the U.S. Department of State under the Comprehensive Iran Sanctions, Accountability and Divestment Act of 2010 (CISADA).
Countries currently sanctioned include but are not limited to: Iran, Syria, Sudan, North Korea, Russia, Ukraine, Crimea, Cuba, Belarus, South Sudan, Democratic Republic of Congo, Somalia, Zimbabwe. List of countries is fluid & can be updated from time to time and will be reflected in the insurance information summary agreement.
TIERED BASED COUNTRY RATING
Certain users may be subject to tier-based rating on international shipments. Cabrella tier rating depends on the level of risk at the origin or destination country. In cases where the origin and destination countries are in different tiers, the higher rate will apply. Each year, based on loss ratio data and statistics, Cabrella revises and updates the international tier list and notifies all users via message and email in the Cabrella online portal. The current Tier List can be viewed here.
COMPLIANCE WITH LAWS AND REGULATIONS
By declaring a parcel or shipment to CABRELLA for insurance coverage, You warrant that the shipment is in compliance with all foreign, federal, state, and local laws, including export regulations and Customs regulations, and that no controlled substances or illicit contraband is being shipped. Losses are not reimbursable under this Agreement from the seizure or loss of illicit contraband or other controlled substance, violations of Customs regulations or Carrier rules, or items shipped to restricted persons under export control regulations.
100% CO-INSURANCE CLAUSE
If the Assured’s customers fail to insure for the full replacement value (or cost value) of goods at destination, the Assured and/or their Customers will only be entitled to recover from the Underwriters the proportion of the loss as the declared value bears to the total value (replacement value or cost value) of the property shipped.
The limits of liability expressed herein shall not apply in the event of accumulation of Shipments in one port or place during transit due to circumstances outside the Assured's control. Underwriters agree to cover the excess amount up to the full value at risk, provided notice be given in all such cases as soon as known to the Assured, but in no event shall liability exceed double the limits of liability expressed herein.
PAIRS AND SETS CLAUSE
In the event of loss or damage to any article or articles which are part of a pair or set, the measure of loss of or damage to such article or articles shall be the proportional value that it bears to the total value of the pair or set. In no event shall such loss or damage be construed to mean total loss of the pair or set.
In the event of loss of or damage to any part of an insured machine or other manufactured item consisting of more than one part caused by a peril covered by this Policy, the sum recoverable shall not exceed the cost of replacement or repair of such part(s) plus labor for (re)fitting and carriage costs. Duty incurred in the provision of replacement or repaired part(s) shall also be recoverable provided that the full duty payable on the insured machine or manufactured item is included in the amount insured. The total liability of Insurers shall in no event exceed the amount insured of the machine or manufactured item.
All parcels covered by this program will be shipped in strict accordance with all regulations of the Carrier. Coverage is only provided for shipments through commercial parcel & freight companies, including but not limited to Federal Express, UPS, DHL & United States Postal Service (USPS) unless otherwise agreed by CABRELLA. You assume liability and agree to indemnify and hold CABRELLA harmless with respect to any good You ship that is prohibited by the Carrier.
International coverage is also included for all carriers; however, whenever coverage provided by this policy would be in violation of any U.S. economic or trade sanctions, such coverage shall be null and void. Please refer to territorial exclusion section for more information.
SCOPE OF COVERAGE
The scope of coverage is from the time the Property Insured leaves the premises of the sender, until delivered to the premises of the consignee and signed for by the recipient or as declared.
You understand and agree that in cases where the interest insured is addressed to Post Box addresses, this Agreement extends to cover such interest whilst in transit from the Post Box address until finally delivered to the premises of the consignee and signed for by the recipient. In the case of drop ship transactions, the Parties agree that coverage attaches from the time the Property Insured leaves the shipping location until safely delivered to its intended destination.
Notwithstanding anything contained herein to the contrary, the Parties agree that this Agreement includes transit from the sender’s premises and to the consignee’s premises on route to or from the post office or airways office and transit to or from and whilst on the premises of any Government department or official or semi-official body or organization or any other organization, firm or person, through which the insured interest has to pass by virtue of any regulation or trade custom; such transit may be in charge of the sender or the consignee or the Insured or the servants, agents or brokers of the latter three, or any person or firm or official charged with such transits.
PROPERTY INSURED (Parcel)
The Property Insured is principally but not limited to cash, jewelry, valuable papers, and all other interest in relation to the Insured’s business.
LIMIT PER ANY ONE OCCURRENCE:
In event of one occurrence causing loss or damage to multiple parcels in one conveyance, the maximum limit of insurance for any one event shall not exceed $1,000,000.00 USD.
You understand and agree that in the event of a recoverable loss, settlement will be made by the Insurer as per the declared value per the memorandum documentation, appraisal, invoice and/or other proof of value as may be applicable. Shipping and related costs will also be covered assuming they are included in the declared value unless a special valuation clause is implemented for a specific commodity, or as otherwise endorsed in writing.
The following important clauses, exclusions, terms and conditions are intended as a summary. For the full policy wording, please contact CABRELLA.
This policy covers against all risks of physical loss and/or damage of whatsoever nature, subject to, including but not limited to, the following exclusions and conditions:
For cargo shipments (non-small parcel), including conveyances by Less than a Truck Load, Full Truck Load, ocean and air, the following additional conditions and clauses are applicable, and shall take precedence over any other applicable conditions or clauses contained in this document:
All Risks Coverage subject to the warranties, conditions and exclusions of the policy as summarized below
SCOPE OF COVERAGE
This insurance attaches from the time the insured property leaves the warehouse, or is delivered alongside or on board the overseas conveyance in accordance with the obligation of the Assured under the terms of sale, for the commencement of transit and continues until:
provided the Assured gives notice thereof to the Company as promptly as possible but in any event prior to the expiry of the original 60 days (30 days on air shipments) period.
In the event of refusal or inability of the Assured, or Consignee, to accept delivery of insured property, this policy is extended to cover such insured property, subject to the original insuring terms, during delay and/or return or until otherwise disposed of, provided the Assured reports the facts of such situations to the Company as soon as they have knowledge of such an occurrence and pays additional premium if required.
ADDITIONAL COVERAGES (Subject always to the applicable terms of average)
Additional applicable wording (War Risk, Strikes, Riots & Civil Commotions)
American Institute Clauses (December 2nd, 1993)
American Institute of Marine Underwriters – Endorsement (Form 12A January 1, 2008)
Approved General Merchandise
COMMODITIES ON APPLICATION ONLY
Automobiles, Motorcycles, Paper in Rolls, Bulk Commodities, Structural Steel, Steel in rolls/plates, Minerals/Ores/Chemicals, Household Goods & Personal Effects.
EXCLUDED COMMODITIES / CARGO
Unless otherwise approved by Cabrella in writing, the following commodities are excluded: Plants, Flowers, Fresh Fruit/Vegetables, Meat, Cash, Bullion, Bonds, Treasury Notes, Securities, Manuscripts, Lottery Tickets, Life Sciences, Pharmaceuticals, Smartphones, Tablets, Gaming Consoles, Televisions, Surgical Medical Equipment, Ultrasound Machines, MRI machines, servers in racks or cabinets, ammunitions, guns/firearm.
SPECIAL COMMODITY SPECIFIC SUB-LIMITS
LIMITATIONS ON ANY ONE OCCURRENCE
In event of one occurrence causing loss or damage to multiple shipments in one conveyance, the maximum limit of insurance for any one event shall not exceed $750,000.00 USD.
BASIS OF VALUATION
Invoice value plus freight costs plus 10%, as declared; however, in the absence of an invoice, goods shall be valued at the sound market value at destination on the date of shipment, but in the event of loss, less any charges saved which would have become payable upon delivery at destination.
ARTWORK PACKAGING CLAUSE
Artwork, whether fragile in nature or not, must be packaged and/or crated by competent and professional packagers that specialize in such commodities.
PERISHABLE CARGO (Excludes fresh fruit/vegetables, pharmaceuticals)
Coverage applies against all risks of physical loss or damage from any external cause, irrespective of percentage, but excepting those risks as are excluded as follows:
the risks excepted by the F.C. & S. Warranty and the S.R. & C.C. Warranty incorporated in the conditions of this policy;
loss or damage due to inherent vice and/or gradual deterioration.
Provided that, notwithstanding the provisions of Exclusion B., while the cargo is stowed in the vessel’s refrigeration chambers and/or in refrigerated containers, this policy covers loss or damage due to or caused by derangement, breakdown or malfunction of the refrigeration machinery and/or refrigeration plant and/or insulation, but only if such derangement, breakdown or malfunction has lasted for a period of at least twelve (12) consecutive hours;
Provided further that, notwithstanding the provisions of Exclusion B., this policy covers loss or damage caused by the negligence of any person who has possession or custody of or responsibility for the cargo insured hereunder during the time that this policy is in force. Note, however that losses caused by the insured’s own negligence are not covered by this policy;