SCHUNCK pandemic clause
SCHUNCK pandemic clause offers security
In times of the corona crisis, we are trying to make the world a little easier for our customers by establishing a “pandemic clause” in transport and traffic liability insurance.
Our SCHUNCK pandemic clause for transport liability and transport insurance offers forwarding agents and logistics companies greater legal security for certain insurance contractual obligations. It confirms that the contactless delivery of goods, merchandise or packages does not constitute a breach of obligation, even if there is no signed receipt of delivery, for example.
The clause applies retroactively to 1 March 2020 and has been agreed with the market-leading and well-known insurers in the transport and transport liability insurance sectors with whom we collaborate.
Legal security & health protection in focus
For SCHUNCK customers who are insured through one of the approving companies, there are therefore no negative consequences if they deviate from certain organisational measures that are prescribed in the form of insurance contract obligations.
This gives our customers some legal security for a practice that is currently already in frequent use. We know from discussions with associations and industry representatives that suppliers and drivers feel a little “safer” as a result, because in some cases they already do this on their own initiative, even without consultation.
In addition to legal certainty, our pandemic clause also contributes significantly to the health protection of drivers, suppliers, delivery staff, warehouse employees and even recipients. Unnecessary contact is avoided and the risk of infection is reduced.
Contactless delivery expressly permitted
Our clause essentially says the following: The policyholder can fulfil their existing obligation to carry out interface control by other means instead of the usual written confirmation by the recipient. These measures include, for example, meaningful photographs, exchanging and storing digital data with the recipient, naming witnesses or handwritten notes with the date, time and place of delivery.
However, theft-prone or high-value goods and merchandise are excluded from these measures. Unless the goods can be stored or delivered to a place only the ordering party, recipient or an authorised representative can access. A written agreement with the prospective customer or recipient of the goods that the handover will be contactless and documented by photographs or witnesses is also accepted as a substitute for interface control.
The following insurance companies have so far (as of 7 May 2020) agreed to the SCHUNCK pandemic clause:
- Allianz Esa
- Alte Leipziger
- Versicherungskammer Bayern (VKB)
- Württembergische Versicherung
- ZURICH Versicherung
- We are currently still in talks with other insurers.
We were able to agree with the insurers that the clause will apply retroactively to 1 March 2020 for all transport and transport liability policies brokered by SCHUNCK. These are in particular the SLVS-Plus, the European policy, the OMNIS policy, the SchunckLOG, the WorldCover-Plus, the mover-web policy and the TIP policy.
The Schunck Group is currently still in negotiations with other insurance companies in order to put you in a position in the event of a claim as if the pandemic clause had also been agreed upon in your contract.
However, some insurers have rejected the clause with the remark that they do not want to take a blanket approach to the subject of obligations in connection with special situations. They underline their decision with the argument that compliance with legal, official and contractually agreed safety regulations (obligations) is an essential feature for obtaining full insurance cover. They want to examine very carefully each individual case in which deviating actions in connection with the corona pandemic lead to liability relevant consequences and to consider the circumstances in the overall context of the special situation.
Please contact your contact person and customer consultant at the SCHUNCK GROUP.
Please do not hesitate to contact us if you have any questions – we look forward to hearing from you!
SCHUNCK – make it simple
With this clause, we want to express something self-evident and help to ensure that there are no negative consequences for our customers who work in system-relevant areas should they deviate from certain organisational measures that are prescribed in the form of obligations.
We are partners to our customers – they ought to be able to rely on us and our partner insurance companies in every situation. We stand by them consistently in these difficult and challenging times.