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BACKGROUND EXPLANATION
STRIKES, RIOTS AND CIVIL COMMOTIONS FORM 11A (CARGO)
TRIA FORM
With the passage of the Terrorism
Risk Insurance Act (TRIA) on November 26, 2002, all exclusions for
terrorism in the Open Cargo Policy were rendered void with respect
to “insured losses” as defined in the ACT. The Act provides a
federal backstop for the insurance industry in the event of a
terrorist act as defined by the Act. In return for providing that
backstop, the Act stated that coverage for terrorism must
be offered in all policies for “insured losses” and such coverage
may not differ materially from the terms, amounts and other
coverage limitations applicable to losses arising from events
other than acts of terrorism.
The risk of terrorism in the Open
Cargo Policy is addressed in the Strikes, Riots & Civil
Commotion’s (SR&CC) Warranty located in the body of the policy and
in the Strikes, Riots & Civil Commotion’s (SR&CC) Endorsement
attached to the form. In order to be in compliance with TRIA, AIMU
has authored a new SR&CC Endorsement (Form No. 11A, TRIA Form).
The new form simply removes the exclusion for coverage of “insured
losses” that would otherwise be covered under the Endorsement
caused by certified acts of terrorism as defined in the Act.
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