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Marine Cargo Insurance



History and nature of all risks cover: burden of proof

8.1 All risks cargo insurance does not cover every untoward eventuality that may befall the cargo during its journey. “All risks” is a term of art subject to implied limitations that restrict the cover to loss of or damage to the cargo caused by a fortuitous external accident or casualty.1 Moreover, it is the practice to exclude certain risks from all risks cover.2 Accordingly, this chapter discusses the limitations on all risks,3 which derive from the fortuitous nature of the cover, and then considers the general exclusions, that is, wilful misconduct, delay, insolvency, and accidents with nuclear weapons and devices. Although these exclusions are common to all risks and most types of cargo insurance, it is convenient to consider them in the context of all risks as this is the most widely used form of cover. There are also exclusions of war, strikes and terrorism, but as the practice is to provide limited cover for these exclusions they are considered separately in Chapter 10. At the end of this chapter there follows a consideration of the seaworthiness and fitness requirements of the carrying vessel, container or conveyance, requirements which are also common to cargo insurance generally. Before examining these matters we consider a number of preliminary issues specific to all risks. Firstly, the history of all risks cover, secondly, the origins of the all risks concept in the context of the inter-relationship between inevitability of loss and fortuity and, thirdly, the burden of proof where cargo is insured on all risks terms.

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