Sue and Labour Clause

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📖 Detailed Explanation

The Sue and Labour Clause is an important clause in marine insurance, stipulating that the insured is obligated to take reasonable measures to prevent or minimize loss when the insured subject matter is exposed to a covered peril, and the reasonable expenses incurred thereby shall be borne by the insurer. This clause aims to encourage the insured to actively salvage and avoid the expansion of loss. It is commonly used in cargo transportation insurance, hull insurance, etc. Notes: Sue and labour expenses must be 'reasonable and necessary' and are different from general average and salvage charges—general average is apportioned among the benefited parties, salvage charges are based on the principle of 'no cure, no pay,' while sue and labour expenses are paid solely by the insurer and do not affect the insured amount. Unlike 'exclusions,' sue and labour expenses are an additional liability compensated by the insurer.

📝 Examples

1. A cargo encountered a typhoon during transportation, and the captain ordered part of the cargo to be thrown overboard to ensure the safety of the ship and remaining cargo. Afterwards, the insured claimed from the insurance company under the Sue and Labour Clause for the extra expenses incurred from jettisoning the cargo and salvage operations. (Note: The Sue and Labour Clause covers the portion of cargo voluntarily sacrificed to avoid total loss and the salvage expenses.) 2. After an exporter insured against all risks, a container caught fire. The exporter immediately hired a fire brigade to extinguish the fire and move undamaged cargo. The firefighting and handling fees paid can be claimed from the insurer under the Sue and Labour Clause. (Note: Reasonable expenses incurred from timely salvage are borne by the insurer, reflecting the compensatory function of the clause.)

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