The Marine Insurance Policy of Antwerp of 1 July 1859 is one of the most widespread maritime insurance policies in the world. After 145 years, a need for modernisation of the language and adaptation of the text for present-day needs led to its successor, the Cargo Insurance Policy of Antwerp of 1 April 2004.
In this book, the author describes the content and exact meaning of the various provisions by means of analysis of the 150 years of case law which has been generated by the Policy of 1859 and the preparatory texts of insurers and insurance brokers for the new Policy provisions. This is the first systematic commentary on this subject.
The book is set up as a clause-by-clause commentary wherein the author systematically compares the original wording of the provisions to the construction which is given to them by case law of the ordinary courts and of arbitrators.
The present English translation will help in the uniform construction and application of the provisions of the Policy by professional international law practitioners.
Translated from Dutch by Nick Margetson, Advocate-Rotterdam.
List of Abbreviations
Preface
Introduction
Cargo Insurance Policy of Antwerp - 20 April 2004 General conditions
TITLE A. SCOPE OF APPLICATION
1. Wording of the Policy: article 1
2. Object insurance
3. Goods insurance
4. The subject matter assured: goods and objects
5. Period of insurance: transport and interim storage
TITLE B. TIME AND PLACE OF COVERAGE
1. The theory of the three dimensions
2. Time of coverage: assured period
3.The place of insurance coverage
TITLE C. CONDITIONS OF INSURANCE
1. Structure and terminology
2. Choice of three options for coverage
3. General average
4. Insurance option ‘Free of Particular Average’ (F.P.A.)
5. Insurance option ‘Full Conditions of Antwerp’ (F.C.A.)
6. Insurance option ‘All Risks’ (A.R.)
7. Extent of the insurance coverage for goods carried on deck
8. Costs to prevent and limit damage and/or loss
9. Exclusions
TITLE D. ABANDONMENT
1. Wording of the Policy: article 12
2. Origin
3. Deviation from the provisions of the Belgian Maritime Code
4. Deviation from the provisions of the Policy of 1 July 1859
5. Conditions for abandonment
6. Cases of abandonment
7. No possibility of abandonment for radioactive substances or objects
8. Option of a choice for the insurers: accept or reject
9. Liability of the insurers
10. Applicability of the exclusion contained in article 11.2.2
11. Additional application of the Belgian Maritime Code
TITLE E. COSTS OF CLEANING, REMOVAL AND DESTRUCTION
1. Wording of the Policy: article 13
2. Origin
3. Principle: optional coverage provided that additional premium is paid
4. Automatic coverage in case of rejected abandonment
TITLE F. SETTLEMENT OF DAMAGES
1. Payment to the bearer of the Policy
2. Modalities of indemnification
3. Series
TITLE G. VARIOUS PROVISIONS
1. Insurance for the account of whom it may concern
2. Good and bad tidings
3. No joint and several liability
4. Fire in warehouse: waiver of recovery
5. Aggravation of risk
6. Disputes
Appendix I English version
Appendix II French version
Appendix III Dutch version
Bibliography