Chapter II: Rules common to marine, river and lake insurance and insurance of goods transported by all modes of transport

The “Free of Damage” clause frees the insurer from any damage, whether common or specific, except in cases which give rise to the right to surrender the goods; in these cases, the insured has the option of surrendering the goods or taking action for damage.

The insured risks remain covered, even in the event of fault on the part of the insured or his land agents, unless the insurer establishes that the damage is due to a lack of reasonable care on the part of the insured to protect the objects from the risks that have arisen. The insurer is not liable for intentional or inexcusable fault on the part of the insured.

The risks remain covered under the same conditions in the event of fault on the part of the captain or crew, except as stated in article L. 173-5.

The insured risks remain covered even in the event of a forced change of route, voyage or vessel, or in the event of a change decided by the captain outside the shipowner and the insured.

Unless otherwise agreed, the insurer does not cover damage to or loss of the insured property resulting from: 1° Civil or foreign war, mines and all devices of war; 2° Piracy; 3° Capture, seizure or detention by any government or authority whatsoever; 4° Riots, popular movements, strikes and lock-outs, acts of sabotage or terrorism; 5° Claims due to the direct or indirect effects of an explosion, the release of heat,…

Subject to the provisions of article L. 173-8, unless otherwise agreed, the insurer does not cover damage caused by the insured object to other property or persons.

Where it is not possible to establish whether the loss or damage originates from a war risk or a marine risk, it is deemed to result from a marine event.

The insurer is not liable for : a) damage to or loss of property resulting from the inherent vice of the insured object, except as provided for in article L. 173-4 with regard to latent defects in the vessel; b) damage to or loss of property resulting from fines, confiscation, sequestration, requisitioning, sanitary or disinfection measures or following violations of blockades, acts of smuggling or prohibited or clandestine trade; c)…

The insured must: 1° Pay the premium and expenses at the place and times agreed; 2° Take reasonable care of all matters relating to the vessel or the goods; 3° Declare accurately, at the time of conclusion of the contract, all circumstances known to him which are such as to enable the insurer to assess the risk he is assuming; 4° Declare to the insurer, insofar as he is aware…

Failure to pay a premium entitles the insurer either to suspend the insurance or to request its cancellation. Suspension or cancellation does not take effect until eight days after formal notice to pay has been sent by registered post to the insured at the last address known to the insurer.