Sue and labour

Your duty to minimise a loss, and the insurer's duty to pay for the effort.

Claims and recoveryDuty of assured

Definition

Clause 16 of the Institute Cargo Clauses. Where a loss is covered, the insured and their agents must take reasonable measures to avert or minimise it, and must preserve and exercise all rights against carriers, bailees and others. The insurer pays the reasonable charges of doing so, and Clause 17 records that measures taken by either side to save the property are not a waiver of anybody's position.

Why it decides money

Two duties hide in one clause. Reconditioning damaged goods is paid for; failing to hold the carrier liable in time is a breach that can reduce the claim by the amount of the recovery you destroyed.

Go deeper
Recovery and subrogation →

Related terms

Subrogation
The insurer stepping into your shoes to recover from whoever caused the loss.
Time bar
The deadline after which the carrier cannot be sued at all.

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