Fifty-Fifty Clause

Upon their arrival at the Contract site, goods are to be inspected by the Insured for possible damage incurred during transit. In the case of packed goods which are to be left in their packing until a later date, the packing is to be visually inspected for signs of possible damage.

If any sign of damage to the packing is discovered any damage to the goods therein shall be ascribed to the Marine cover. Where the packing of goods manifests no sign of damage at arrival, any damage to the goods which subsequently becomes manifest upon their unpacking within the period allowed will be ascribed to the Marine cover or this Policy according to whether it clearly was caused before or after arrival of the goods at the Contract site. Where it is not possible to establish whether the damage was caused before or after arrival of the goods at the Contract site, it is agreed that the Insurer(s) shall contribute 50% of the properly adjusted claim, such contribution to be without prejudice to subsequent final apportionment of the claim as may be agreed between the Insurer(s) and the Marine Insurer in the light of the terms and conditions of the respective policies.

It is further agreed that in the event of the amount stated the Deductible Clause under this Policy being different from the Deductible or Excess under the Marine Insurance Policy, in settling claims as described above, the Insurer(s) shall deduct 50% of its appropriate Deductible from its 50% share of the adjusted claim.

Note : This Clauses is usually applied when the Insurers and their share for main policy of Marine Cargo Insurance is as the same as this Policy (CAR/EAR).

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One Comment on “Fifty-Fifty Clause”

  • IMAM MUSJAB wrote on 30 November, 2015, 21:04

    Jadi pertanyaannya : Apakah 50/50 Clause ini memperluas jaminan under CAR/EAR Policy atau justru mempersempit??

    Apakah Penanggung dalam polis CAR/EAR Policy juga harus ikut berpartisipasi dalam Polis Marine Cargonya? Bagaimana kalo Penanggung CAR/EAR Policy nya berbeda dengan Penanggung Polis Marine Cargonya? Bolehkah?

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