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precise definition of the terms “war” and “war zone” insurance coverages. In this regard, it should be noted
and, subsequently, an assessment of the existence and that, for both ships and cargo, “War Risks” are
seriousness of risk factors on a case-by-case basis. excluded from the insurance coverages, and it is
If the war events result in the loss of or damage to the therefore necessary to take out additional policies (e.g.,
cargo, the carrier’s liability provisions and hence, in the through the forms Institute War and Strikes Clauses
vast majority of cases, those of the 1924 Brussels Hulls-Time, for ships, and Institute War Clauses Cargo,
Convention (“Hague Rules”) will come into play. Article for cargo). We saw above how the related burden can
IV.2(e) of the Convention expressly provides for the be passed on by the shipowner to the charterer.
carrier’s exemption from liability for loss or damage of War Risks policies cover loss or physical damage to
cargo caused by an “act of war”. “Liberty clauses” in the insured property, but not the delay; detention is
bills of lading regulate the possibility for the shipowner also covered, and is treated as loss if it exceeds a
to follow a route other than the usual one; even in the certain duration. Finally, the insurance coverage
absence of a specific contractual stipulation, it can still may be subject to the adoption by the insured party
be considered that a change of route with a view to of specific security measures, such as those
avoiding the risk of attack constitutes a “reasonable outlined in the BMP5 (Best Management Practices,
deviation” within the meaning of Article IV.4 of the relating to the Red Sea and Gulf of Aden) developed
Brussels Convention. by BIMCO together with insurers and shipowners’
The overall definition of risk allocation is completed by associations.

Enrico Salvatico

An expert in maritime and intermodal transport and appointed by the Minister of Justice as the Italian expert
insurance law, Enrico Salvatico deals, in particular, with delegate to the next session of Working Group VI
logistics and disputes relating to charter parties, bills of “Negotiable Cargo Documents” of the United Nations
lading and CMR, air transport, cruises and passenger Commission on International Trade Law (UNCITRAL),
transport. He has specialized in the field of Project which will be held in New York from 6 to 10 May 2024.
Cargo shipments and provides services and assistance In ANIMP Enrico is Head of the Logistics, Transport and
both to EPC Contractors and to international freight Shipping Section.
forwarders, in all phases of the project. He was

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