What is Touch and Stay Clause in Marine Insurance?

The touch and stay clause within marine insurance policies is a crucial aspect that outlines the specific ports where a covered vessel must make stops during its voyage. This clause serves as a fundamental guideline for ship owners and insurers to ensure that the insured vessel adheres to a predetermined route and schedule.

Read more
marine

Get right expert advice

Hassle free policy

Speedy Claims

Fast-track your search with instant quotes from top insurers

Get ₹10 lakh cover
starting at ₹591/transit+

Step 1/2
Instant policy copy
Covers transit losses, damages and risks
Single transit and annual covers

Get ₹10 lakh cover starting at ₹591/transit+

Instant policy copy
Covers transit losses, damages and risks
Single transit and annual covers
secure-icon We don't spam
Get Updates on WhatsApp
Check Your Premium Now
By clicking on "" you agree to our Privacy Policy and Terms Of Use

Get ₹10 lakh cover
starting at ₹591/transit+

Step 2/2
Get Updates on WhatsApp
Fast-track your search with instant quotes from top insurers
Expert advice

Buy right

Instant policy

Quick & Hassle free

Dedicated team

Speedy Claims

Mandatory Port Adherence under the Touch and Stay Clause

In essence, the touch and stay clause dictate that the vessel, during its voyage, should make stops exclusively at the ports explicitly mentioned in the policy document. If a port is not specified in the policy, the vessel is obligated to follow the customary route and stay only at ports that naturally fall along its intended course. This requirement implies that the vessel must indeed touch and stay at all the ports as outlined in the policy document.

Moreover, it is essential to note that even if a deviation from the specified route occurs, the insurer would not consider it a non-deviation if this deviation did not increase the risk or if the ship was able to return to its prescribed course before any loss or damage took place. This aspect underscores the importance of adherence to the specified route.

Permissible Port Changes and Compliance with Multiple Ports

Situations may arise where the vessel needs to divert to a different port due to valid reasons, such as ensuring the safety of the ship or the lives of those on board. In such cases, the insurer may permit a change in ports and settle any subsequent claims. It is crucial to emphasize that this allowance for a change in port will be subject to the presentation of valid reasons by the policyholder.

Proving that such a change was necessary to safeguard both lives and cargo on board becomes the responsibility of the policyholder. In scenarios where the policy lists multiple ports, the vessel is obligated to touch and stay at all of them or, at the very least, at one of them as specified. Failure to comply with this condition, by not staying at a port mentioned in the policy document, may empower the marine insurance company to reject a claim in the event of loss or damage.

Case Scenario

In the past, OceanVoy Logistics partnered with InnovateTech Engineering for Middle East exports. To protect against losses, they purchased marine insurance from HarborGuard Insurers. The policy specified approved ports for vessel stays, with any deviation potentially voiding coverage.

Using their joint venture vessel, AquaMech Express, to transport engineering goods, OceanVoy Logistics encountered technical issues and had to change ports. Damage occurred during unloading at the new port.

When OceanVoy Logistics sought an insurance claim, their request was denied by GlobalShield Underwriters, who conducted an investigation. It was determined that the port change lacked a valid reason, and coverage did not extend to losses at the new port.

OceanVoy Logistics argued technical issues forced the change, but the insurer emphasized the company's responsibility for ship maintenance and safety tests.

Since safety tests were not performed and the port change was not justified, the insurer refused to cover losses at the new port.

Conclusion

The Touch and Stay Clause in marine insurance policies plays a pivotal role in ensuring vessels adhere to specified routes and ports. Compliance with these provisions is paramount, as any deviation can jeopardize coverage. While valid reasons may allow for port changes, the burden of proof falls on the policyholder. The case of OceanVoy Logistics underscores the importance of adhering to safety protocols and policy specifications to prevent claim denials and ensure comprehensive coverage.

Written By: PolicyBazaar - Updated: 15 September 2023
Marine Insurance Articles
Transit of goods through waterways involves high risks. Marine insurance plays a significant role in safeguarding...Read more
23 Nov 2022 by Policybazaar 5429 Views
Warranties in marine insurance are referred to as assurances or promises by the policyholder about a certain act...Read more
20 Jul 2023 by Policybazaar 1614 Views
Traders who export or import their goods across distant lands are aware of the risks during transit. While there...Read more
23 Feb 2022 by Policybazaar 6645 Views
Marine insurance is not of recent times and is one of the oldest forms of insurance. Besides, with time, it has...Read more
10 Feb 2020 by Policybazaar 9762 Views
Marine insurance coverage is divided into two types. One is International Cargo Clause (ICC) and the second is the...Read more
13 Aug 2022 by Policybazaar 5215 Views
Navigating the complex landscape of transit insurance claims...Read more
24 Nov 2023 by Policybazaar 64 Views
Effective logistics, relying on enhanced trade infrastructure...Read more
22 Nov 2023 by Policybazaar 49 Views
Logistics is a pivotal force driving industrial innovation in...Read more
22 Nov 2023 by Policybazaar 44 Views
Transportation companies in India have a substantial impact on...Read more
22 Nov 2023 by Policybazaar 50 Views
The movement of goods across the globe is the lifeblood of our...Read more
14 Nov 2023 by Policybazaar 38 Views
Policybazaar for Business - Marine Insurance - Customer Reviews
View all
4.3/5
Based on 114 reviews
4.3
out of 5
Based on 114 reviews
14 users
87 users
13 users
0 users
0 users
3.8 April 20, 2023
Anas
Great Experience
I recently purchased Marine insurance from Policybazaar for my shipping business and I must say I am thoroughly impressed with their service and coverage. From start to finish, the experience has been smooth and hassle-free.Thankyou.
Mizoram
4.3 April 03, 2023
Vaishnav
Provides Comprehensive Protection
When it comes to coverage, Marine insurance that i bought from PolicyBazaar has exceeded my expectations. It provides comprehensive protection for my cargo and vessels during transit, ensuring I can focus on my business operations with peace of mind. Thankyou.
Assam
4.3 March 17, 2023
Umang
Excellent Services
I highly recommend Marine insurance from PolicyBazaar website to anyone in the shipping or logistics industry. Their user-friendly website, comprehensive coverage, and excellent customer service make them stand out from the competition. With Policybazaar, I feel confident in navigating the high seas, knowing that my business is well-protected. Thank you, Policybazaar.
Chennai
4.3 February 28, 2023
Vishal
User Friendly Interface
The website's user-friendly interface made it easy to compare different plans and find the perfect fit for my business needs.Thanks
Gurugram
4.3 February 11, 2023
Parth
Prompt Services
I appreciate the transparency and honesty with which Policybazaar handled my claims. They were prompt in processing my claim and their claim settlement process was hassle-free.Thanks PolicyBazaar.
Noida
3.8 February 10, 2023
Rishabh
Exceeds Expectations
I recently had the pleasure of purchsing marine insurance from Policy bazaar website and I must say it has been an outstnding experience from start to finish. I am thrilled to share my positive customer review, as this truly exceeded my expectations. Thanks PB.
Jamshedpur
3.8 January 31, 2023
Arvind
Easy Navigation
The ease of navigating the Policy bazaar website and finding the right marine insurance policy was impressive. The website's user-friendly interface and intuitive design made it incredibly simple to compare various options, understand the coverage details and make an informed decision. I appreciated the transparency provided throughout the process. Thanks.
Ajmer
3.8 January 21, 2023
Vishal
Excellent Support
The customer service provided by Policy bazaar was decent. Their team was responsive, knowledgeable and went above and beyond to assist me at every step. Their professionalism and commitment to customer satisfaction were truly commendable.Thankyou.
Mumbai
4.3 January 11, 2023
Sanjeev Rathor
Efficient Process
When it came to claims processing, Policy bazaar demonstrated remarkable eficiency and effectivenes. I had an unfortunate incident during the coverage period and filing a claim was a breeze. The entire process was streamlined and their team guided me throuugh every necssary step, making it hassle-free. The promptness with which my claim was setled reflected their commitment to their customers' well-being and peace of mind. Thankyou.
Pune
3.8 January 01, 2023
Kunal
Comprehensive Coverage
I must mention the comprehensive coverage provided by the marine insurance policy I purchasd through Policy bazaar. It offered me the necesary protection and peace of mind. Thankyou PolicyBazaar.
Indore