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Particular Average Clause In Marine Insurance

  • Author :
  • TATA AIG Team
  • Last Updated On :
  • 31/05/2024
  • 2 min read

A marine cargo insurance policy safeguards cargo owners from financial blows caused by lost or damaged goods during transportation. However, understanding the intricacies of this protection can be tricky as such a policy handles partial losses.

There are specific clauses that handle partial loss in marine cargo, named particular average loss. These are also called partial loss clauses. This can differ depending on the specific insurance agreement.

What is a Particular Average Clause in Insurance?

The particular average clause in marine insurance refers to a particular loss or damage to cargo due to a particular peril. Under this clause, the owner of the damaged cargo or ship has to bear the loss under the particular average loss in marine insurance.

A particular average loss happens due to a reduced cargo value during a voyage. The partial damage caused to a ship is considered to be a particular average loss in regards to the ship, like the hull or machinery.

Understanding the "particular average" clause in your marine and cargo insurance is necessary to avoid financial surprises. This clause dictates how much your insurer will cover for partial damage to your goods during shipping. There's a deductible involved, which is generally 3% or 5% of the insured value. It means the insurer only pays for losses exceeding that percentage.

Points to Consider to Ensure Adequate Coverage under Particular Average Clause

What's Covered:

  • Partial Mishaps, Not Everyday Wear and Tear

  • This clause kicks in for partial damage to your cargo caused by events outside your control.

  • Think stormy seas, collisions, or grounding (getting stuck).

  • It excludes losses due to the cargo's nature, like perishables going bad.

What You Get:

  • The insurer reimburses you for the actual loss, following the policy's terms.

  • This means they consider factors like depreciation and policy limits.

Partial Loss Due to Insured Peril

The particular average loss in marine cargo insurance is considered to be a partial loss as per the Marine Insurance Act 1906. It is due to an insured peril. However, it is not considered to be a total loss or a general average loss. Here, a specific individual gets affected directly because the said cargo bears the losses.

Claim Amount Paid by The Insurance Company under Particular Average Clause

Particular loss in marine insurance is the amount an insurance company has to pay under the particular average clause, to indemnify a policyholder, based on the cargo insurance premium. The amount here does not depend on the market price of the goods that get damaged while shipping.

Particular Average Clause: Types of Losses Covered

In marine cargo insurance, the Particular Average Clause covers losses during the transit of goods. Total losses happen when the entire shipment is lost or damaged beyond delivery. In such cases, the insured party receives the full value of the shipment.

When a shipment experiences loss or damage, but not to the entire amount, it's considered a partial loss. It is of two main categories:

Particular Average: This loss occurs due to a specific peril, such as fire, collision, or theft. The insurer pays only for the damage caused by that particular peril.

General Average: This is a unique loss scenario where sacrificing part of the cargo benefits the entire shipment. In this situation, all stakeholders share the cost proportionally.

For example, to prevent the ship from sinking, the captain might jettison (throw overboard) some cargo to lighten the vessel. The value of that jettisoned cargo would then be shared by the ship's owner, cargo owners, and anyone else with a financial stake in the voyage.

Conclusion

Understanding the particular average clause in marine and cargo insurance is necessary for businesses involved in shipping goods. Particular average coverage within your marine cargo insurance policy acts as a financial safety net for partial damage to your cargo during transportation.

Tata AIG provides comprehensive marine cargo insurance policies that cover partial losses due to insured perils.
By opting for Tata AIG's marine insurance policy, businesses can protect themselves from financial losses caused by unforeseen events during transportation.

Do not let unforeseen circumstances disrupt your business continuity. Secure your cargo with Tata AIG cargo insurance policy today.

FAQS

What is the particular average in ocean marine insurance?

In ocean marine insurance, a Particular Average kicks in when there's partial damage to a ship or cargo, unlike a total loss. The owner shoulders the financial burden unless they have insurance specifically covering this "particular average" situation.

What is a particular average loss in marine insurance example?

A container of electronics on a voyage from China to the UK ran into rough seas. The container was partially damaged. It destroyed some of the electronics inside. Luckily, the insured party had particular average (PA) coverage. They filed a claim, and the insurer agreed to compensate them for the partial loss. This highlights how PA protects against financial loss from such situations.

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Your policy is subjected to terms and conditions & inclusions and exclusions mentioned in your policy wording. Please go through the documents carefully.

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