SCHUNCK pandemic clause
SCHUNCK pandemic clause provides certainty
In times of the corona crisis we try to make the world a little simpler for our clients by setting up a „pandemic clause“ for insurance falling under the category of transport and carriage of goods liability.
Our SCHUNCK pandemic clause for carriage of goods liability and transport insurance offers haulers and logistics companies more legal certainty with certain insurance agreement obligations. It confirms that contactless supply and delivery of goods, merchandise or packages do not constitute any breach of obligation. Even if, for example, there is no signed delivery receipt.
The clause is valid retroactively to 1 March 2020 and has been coordinated with market leaders and first-rate insurers that we collaborate with in the fields of transport and carriage of goods liability insurance.
Legal certainty and health protection in focus
For SCHUNCK clients insured by the consenting companies, this does not result in any negative consequences if they deviate from certain organisational measures mandated in the form of insurance contract obligations.
With this we are providing our clients with a measure of legal certainty for a practice that is currently widely applied. We know from talks with trade associations and sector representatives that deliverers and drivers feel a little bit „safer“ because to some extent they are already deciding on them to proceed in this manner without having made any agreements.
Besides legal certainty, our pandemic clause also makes a crucial contribution to health protection of drivers, deliverers, messengers, warehouse workers as well as the recipient himself. Avoidable contacts are dispensed with and the danger of infection is reduced.
Contactless delivery is explicitly allowed
Our clause basically says the following: The policyholder can meet his existing obligation to interface checking, in lieu of the conventional written confirmation by the recipient, by means of other measures. These measures include, for example, evidentially adequate photos, exchange as well as storage of digital data with the recipient, identification of witnesses or handwritten notations with date, time and venue of delivery.
Goods and merchandise that are of high quality or liable to be stolen are however exempted from this. Unless such goods can be left at or delivered to a place to which only the contractor or the recipient or an authorised agent has access. An agreement confirmed in writing with the party with an interest in the goods or the recipient to the effect that delivery takes place without contact and documented by photos or witnesses will be recognised as a substitute for interface checking.
The SCHUNCK pandemic clause has up to now (status as of 7 May 2020) been consented to by the following insurance companies:
- Allianz Esa
- Alte Leipziger
- Versicherungskammer Bayern (VKB)
- Württembergische Versicherung
- ZURICH Versicherung
We are currently in negotiations with further insurers.
We were able to reach agreement with the insurers that the clause applies retroactively to 1 March 2020 to all transport and carriage of goods liability policies brokered by SCHUNCK. This means, in particular, SLVS-Plus, the Europa Policy, the OMNIS policy, SchunckLOG, WorldCover-Plus, the mover-web policy as well as the TIP policy.
The Schunck Group is currently still in negotiations with additional insurance companies in order to put you in the position in a claim case you would have been in if the pandemic clause had likewise been agreed in your contract.
However, some insurers have rejected the clause by pointing out that they do not want to pursue any lump sum approach to the subject of obligations in connection with unusual situations. They underscore their decision with the argument that compliance with legislative, regulatory and contractually agreed safety regulations (obligations) are an essential feature for receiving complete insurance protection. They wish to carefully review every single case with which deviating actions in connection with the corona pandemic lead to consequences affecting liability and to take account of the circumstances in the global context of the special situation.
Please consult your contact and customer representative at the SCHUNCK GROUP about this.
Do you have any questions? Consult us about them – we look forward to hearing from you!
SCHUNCK – make it simple
We would like with this clause to express something obvious and in that way assist our clients, working in system-related fields, to avoid any negative consequences if they should deviate from the specific organisational measures mandated in the form of insurance obligations.
We are partners with our clients – you should in every situation to be able to rely on us and our partners in the insurance companies. We are standing with you reliably at this difficult and challenging time.