Delay Warranty Debate Is the damage of goods due to delay in which the cause of delay due to the hijacking claimable in the ICC A (1982)?

Interesting ‘reading debate’ in the1994 Internship group from colleagues’ question: “Is the damage of goods due to ‘delay’ in which the cause of ‘delay’  due to the ‘hijacking’ ‘claimable’ in the ICC” A “(1982)? “

Many argue that its is “not warranted” because both the ‘delay’ or ‘hijacking’ or ‘piracy’ is not guaranteed in the ICC (1982)

Many also argue that any cause of ‘delay’ (proximate cause) is not guaranteed in the ICC (1982)

Delay Warranty Clause

We note on Clause 4.5 :

“Loss damage or expense proximately Caused by delay, even though the delay be Caused by a risk insured against (except expenses payable under Clause 2 above)”

So the ICC (1982) clearly states “despite the delay caused by a risk that is guaranteed” loss or damage to goods caused by a ‘delay’ it is not guaranteed.

Piracy, hijacking in Delay Warranty

Furthermore R.H. Brown in “Analysis of Marine Insurance Clauses Book 1 of The Institute Cargo Clauses 1982″ in its commentary page 12 explains:

“The MIA (1906) provides That the Underwriters shall not be liable for loss proximately Caused by delay, eventhough the delay be Caused by an insured Peril. This exclusion is expressed in the ICC (1982), but emphasising That all loss, damage or expense is so excluded (MIA does not mention the ‘damage’ or ‘expense’). It is so Important to note That it is no excuse That the delay was Caused by insured Peril, thus, if the carrying vessel were the resource persons to be delayed by a collision, and the delay Caused the cargo to deteriorate, there Could be no claim on the policy for the deterioration on the grounds That it was reasonably attributable to the collision. This exclusion does not apply to any contribution the assured has to make toward GA expenses, or a salvage award. “

So even though the cause of the ‘delay’ is a ship collision, aground, fire, etc that are guaranteed. While the cargo damage caused by ‘delay’ as a rotting, melting, freezing, etc. are including in delay warranty.