Voluntary carrier’s third party liability
Object of carrier’s third party liability insurance is a property interest of Insured (Assured) connected with his/her obligation set by the legislation and/ or international contracts and agreements to indemnify losses to Injureds caused during transportation and appeared (depending on type of transportation) in:
a) loss (destruction) and/ or damage of cargo (luggage) belonged to cargo owner;
b) damage to life, health and property of passengers.
Insurance event is a fact of Carrier’s (Insured’s/ Assured’s) third party liability occurrence connected with his/her obligation to reimburse for damage to Injureds as a result of non-fulfillment (improper performance) by Insured (Assured) of his/her contractual obligations under contract of carriage, which occurred due to his/her unintentional actions (inaction) in case of:
1. traffic accident, wreck or collision of carrier vehicle;
2. fire;
3. missing of carrier vehicle;
4. delay of arrival into destination not depending on will of Insured (Assured) contracting party of contract of carriage;
5. cargo super cooling or over heating;
6. illegal actions of the third parties;
7. theft, robbery, banditry, piracy;
8. loading and unloading accidents, not depending on will of Assured (Insured) and contracting party of contract of carriage (if this risk was severally stipulated in insurance agreement).
Sum insured is a sum of money insurance object is insured for and that represents Insurer’s liability limit at insurance event occurrence.
Insurance agreement can stipulate as follows:
1. Maximum aggregate limit of liability per one motor vehicle – in this case amount of all indemnities on all insurance events in whole period of insurance agreement validity shall not exceed this limit of liability;
2. Maximum limit of liability per each and every occurrence;
3. Maximum limit of liability for damage to life, health in aggregate per one and/ or several insurance events in respect of one or several persons;
4. Maximum limit of liability for damage to property of each, one or several persons in aggregate per one and/ or several insurance events;
5. Maximum limit of liability per each risk on one or all insurance events.
Amount of indemnity on risk of “damage to life and health of passengers” per one Injured is set (in MCI):
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in regard of sea shipping and air transport services
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- for damage to life and health of each Injured, which entailed death — 2 000
- invalidity establishment:
I invalidity group — 1 600
II invalidity group — 1 200
II invalidity group — 800
severe injury, trauma or damage to health without invalidity establishment — at the rate of the actual expenses for out-patient and/or inpatient treatment but not exceeding 200. At this amount of indemnity per each day of inpatient treatment shall not be less than 1, 5 MCI.
- for damage to property of each Injured — at the rate of the cost of damage, but not exceeding 250.
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in regard of transit by rail freightage, inland water and motor transportation
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- for damage to life and health of each Injured for the damage to life and health of each Injured which entailed death — 1000
- invalidity establishment:
I invalidity group — 800
II invalidity group — 600
II invalidity group — 400
Severe injury, trauma or damage to health without invalidity establishment — at the rate of expenses for out-patient and/or inpatient treatment but not exceeding 200. At this amount of indemnity per each day of inpatient treatment shall not be less than 1, 5 MCI.
- for damage to property of each Injured — at the rate of the damage but not exceeding 250.
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Indemnity for damage caused to cargo is determined on the basis of damage appraisal by independent expert at the rate of costs of cargo restoration in case of its damage or in amount of cargo value, in case of total loss (loss) in accordance with consignment documents.
In case of loss, missing and/or damage (spoilage) of luggage or belongings being at (on) passenger, occurred through
Carrier’s fault, extent of damage is determined in the following way:
1. in case of loss or missing of luggage – in amount of cost of lost or missing luggage and/or belongings being by (on) passenger;
2. in case of damage (spoilage) of luggage – at the rate of the sum on which their cost decreased, and in case of impossibility of restoration of luggage and belongings being at (on) passenger – in amount of their cost;
3. in case of loss of luggage – in amount of luggage’s agreed valuation.
