Coverage Summary - Ecabrella

Insurance Information Summary

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.

SECTION 1 – BROKER AND INSURER INFORMATION

BROKER INFORMATION

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.

SECTION 2 –GENERAL INFORMATION & CONDITIONS

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

CABRELLA, or the Insurer, as applicable, reserves the right, subject to the terms and conditions of the Insurance Policy, to disallow any User from purchasing insurance through CABRELLA. Subject to the terms and conditions of the Insurance Policy, CABRELLA may discontinue Your insurance, if CABRELLA provides You a thirty (30)-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 thirty (30)-day discontinuation notice, You may be required to, subject to ten (10)-day notice in writing and subject to the terms and conditions of the Insurance Policy, modify security measures, change shipping carriers 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.

SECTION 3 – SCOPE OF COVERAGE

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.

ADHERENT LABELS

For insurance coverage to be in force, you must use shipping labels that adhere directly to the packaging. Shipments with labels placed in adhesive pouches 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

Signature requirements are set by CABRELLA and will depend on the value of the shipment and/or an assessment of current risk factors; however, signature confirmation is required on all packages equal to or greater than $1,000.00 USD regardless of account or situation. 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.

COVERAGE LIMITS

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 RATES

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.

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.

ACCUMULATION CLAUSE

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.

REPLACEMENT PARTS

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.

SECTION 3A –SCOPE OF COVERAGE (PARCEL)

COVERAGE

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.

VALUATION

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.

EXCLUSIONS

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:

  1. Shipment of contraband or unlawful goods, including goods forbidden from carriage by the Carrier’s terms.
  2. Dangerous goods, hazardous materials, and Restricted Cargo, i.e., parcels to which special regulations and/or laws issued by national, state, and/or local governments apply, including, but not limited to, alcohol, tobacco, ammunition, and prescription medications. If you use CABRELLA to ship any dangerous good, hazardous material or Restricted Cargo, you are responsible to ensure compliance with every applicable national, state and/or local government regulation and/or law; you assume all liability for any type of non-compliance; and you agree to indemnify and hold CABRELLA harmless from any type of non-compliance or liability arising from the shipment.
  3. Loss of or damage to the Property Insured by theft, dishonesty or deception committed by the shipper or any agent, servant, traveler or messenger on behalf of the shipper.
  4. Loss of or damage to Property Insured occurring through the operation of a peril against which, at the date of such loss or damage, the Insured has effected separate insurances irrespective of whether or not such other insurance is liable to or does not meet such loss.
  5. Loss of, damage to, or breach of data or other non-tangible content.
  6. Electrical, electronic and/or mechanical derangement of any kind, including loss, destruction or damage directly occasioned by pressure waves caused by aircraft and other serial devices travelling at sonic or supersonic speeds.
  7. Loss of or damage to Property Insured, directly or indirectly, caused by or in consequence of war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, local, regional, national, or global pandemic, insurrection, military or usurped power, martial law or confiscation or nationalization or requisition or destruction of or damage to property by or under the order of any government or public or local authority.
  8. Non-performance or delay caused by labor disturbances, riots, civil authority, acts of God or means beyond the control of CABRELLA or the Carrier.
  9. Shipper and Recipient Disputes: Coverage is excluded for packages that are marked as delivered by Carrier and simultaneously being disputed by recipient as not received. This exclusion applies for packages valued at $999.99 or less when signature confirmation is not elected by the shipper (shipments equal to or greater than $1,000.00 require signature confirmation of delivery).
  10. Mysterious Disappearance, excluding property that is missing, but there is no physical evidence to show what happened to it, for example, a shortage disclosed on taking inventory.
  11. Damage or losses of Property Insured within sealed packages absent objective physical evidence of tampering with the shipping parcel or of penetration or invasion of the shipping container or of damage in transit.
  12. Damage to Property Insured as a result of inadequate or unprofessional packaging.
  13. Loss of or damage to Property Insured caused by or resulting from confiscation, nationalization, requisition or destruction of or damage to property by or under the order of any government or public or local authority.
  14. Any loss, damage, shortage, or non-arrival of any parcel and its contents addressed or labeled incorrectly.
  15. Loss, damage, shortage, or non-arrival of any parcel and its contents if it bears a descriptive label or packaging, such as the manufacturer packaging, that describes, or alludes to, the nature of the contents. International shipments that contain customs declarations are NOT excluded from coverage.
    1. For precious commodities, labels shall not make any reference to the precious commodities such as gold, diamonds, jewelry, gems, silver cash or any other word that references contents and value. For example, if shipping from (or to) Henry’s Jewelry Store, shipper or recipient name should read as “Henry’s JS”, “HJS, or some other abbreviated version excluding the word “jewelry.” This condition shall not apply if a declaration of value or contents is required by customs or if statutory regulations require otherwise.
  16. Cash on delivery (C.O.D.) shipments are covered; however, Coverage does not include the returned cash/consideration following delivery of parcel nor will Coverage include any loss of or damage to Property Insured when sent C.O.D. with the privilege of inspection by the consignee before acceptance.

SECTION 3B –SCOPE OF COVERAGE (FREIGHT)

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:

COVERAGE

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:

  1. insured property is delivered to the Consignee’s or other final warehouse or place of storage at the intended destination; or
  2. the insured property is delivered to any other warehouse or place of storage, whether prior to or at the intended destination, which the Assured (including any shipper, assignee, consignee or claimant that has control of the insured property at the relevant time) elects to use either:
    1. for storage other than in the ordinary course of transit; or
    2. for allocation or distribution; or
    3. the expiring of 60 days (30 days on air shipments) after completion of discharge from the overseas vessel (or aircraft), whichever shall first occur. In the event of delay in excess of the limits specified in (iii) above arising from circumstances beyond the control of the Assured, held covered at a premium to be named for an additional 30 days

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.

REFUSED/RETURNED SHIPMENTS

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)

PREAPPROVED COMMODITIES

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.

DEDUCTIBLES

  1. For general approved merchandise, deductible of $100 USD applies for each and every claim.
  2. Ceramic tile, marble, granite, and other similar merchandise subject to a deductible of 5% of the insured value with a minimum of $500 USD
  3. Glass, glassware and other similar fragile articles subject to a deductible of 5% of the insured value with a minimum of $500 USD
  4. Wine, spirits and liquor in bottles subject to a deductible of 1% with a minimum deductible of $500 USD
  5. Bagged Goods subject to a deductible of 0.5% with a minimum deductible of $500 USD
  6. Artwork, whether fragile in nature or not, subject to a deductible of 1% with a minimum deductible of $500.
    1. Claims for artwork must be accompanied with current valued professional appraisal.

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;

PARAMOUNT WARRANTIES

  1. F.C. & S. Warranty
  2. S.R. & C.C. Warranty
  3. Extended Radioactive Contamination Exclusion Clause with U.S.A. Endorsement (March, 1 2003)
  4. Radioactive Contamination Exclusion Clause (U.S.A. Endorsement)
  5. Delay and Inherent Vice
  6. Infidelity
  7. U.S. Economic and Trade Sanctions Clause
  8. Cyber Exclusion
  9. Suit Against the Company

BASIC EXCLUSIONS

  1. This policy does not cover:
    1. Ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear.
  2. Loss, damage, or expense:
    1. Attributable to willful misconduct of the Assured;
    2. caused by inherent vice or nature of the insured property;
    3. arising from insolvency or financial default of the owners, managers, charterers, or operators of the vessel;
    4. resulting from insufficiency or unsuitability of packing or preparation of the insured property for the intended voyage. For the purposes of this clause, “packing” shall be deemed to include stowage into an overseas container but only when such stowage is carried out prior to the commencement of the insured voyage or when performed by the Assured or his representative.
    5. Loss of market, interruption of business, or for loss, damage or deterioration arising from delay
    6. Loss or damage proximately caused by climatic or atmospheric conditions or extremes of temperature, including any losses directly caused by sweat or condensation.