Not to Inure Clause

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📖 Detailed Explanation

The Not to Inure Clause is a common clause in international trade and marine insurance, typically found in cargo transportation insurance policies or letters of credit. Its core meaning is that the insurance benefits do not automatically transfer to other parties (such as the buyer or consignee) due to the insured's (e.g., seller or carrier) act of insuring, i.e., 'not to inure to the benefit of others.' It is commonly used in trade terms such as CFR and CIF where the seller arranges insurance, and the seller requests the insurer to include this clause to prevent the buyer from obtaining insurance compensation before paying for the goods. Precautions: This clause may affect the buyer's direct right to claim after a loss, and must be coordinated with letter of credit terms; if the letter of credit requires the insurance policy to be issued to the buyer, this clause may cause discrepancies. It is the opposite of the 'To Inure Clause,' which explicitly transfers insurance benefits to a designated party. The difference is: the Not to Inure Clause restricts the automatic transfer of insurance benefits, while the To Inure Clause actively grants a third party the right to claim. Foreign trade practitioners should handle it prudently to avoid claim difficulties or document rejection due to clause conflicts.

📝 Examples

1. Under a CIF contract, the seller, when arranging insurance, requires the insurer to state a 'Not to Inure Clause' in the insurance policy, declaring that the insurance does not benefit the buyer until the buyer pays the full price. (Note: The seller uses this clause to protect its own interests and prevent the buyer from claiming before payment.) 2. The letter of credit requires submission of an insurance policy, but the seller submits an insurance policy containing a 'Not to Inure Clause.' The bank may consider this clause to conflict with the letter of credit's requirement that the insurance policy be issued to the buyer and refuse payment. (Note: Reminds practitioners to pay attention to the compatibility of clauses with the letter of credit to avoid document discrepancies.)

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