34,a; not valid unless signed

[KimChristensen]

Hi there

I must say that summer has been hard on the DC-Pro forum

Anyway, this has given us time to do some interesting thinking. Myself – I have been thinking a lot about article 34 !

The issue that I will raise here is perhaps related to 34,a and perhaps not!

It is the scenario where an insurance certificate is presented – which is pre-signed (i.e. a scanned signature has been included in the document before being printed by the insurance company – and on the bottom right corner it says: “Not valid unless countersigned by:”

According to ISBP paragraph 40, this means that the field must be signed. But by whom? Clearly it is the insurance company that have pre-signed the document, and I take it that it is this signature that should be examined according to article 34,a.

This other signature however – what should that be compared to? Who can sign here? Usually it is the beneficiary – but what if it is the freight forwarder (as in the document here in front of me)?
And by the way: What is the role/capacity of this “second signer”.

Anyone who have any opinions/decisions about this – or just have a view. It would be highly appreciated.

Have a nice weekend.

Kim

[NigelHolt]

Kim,

‘I have been thinking a lot about article 34’- very worrying indeed! Perhaps you need to get out more?

I agree the ‘pre-printed’ signature of the insurance co must meet the requirements of sub-Art 34a and sub-Art 20b (last para).

My experience is that insurance documents normally state the party who is to counter-sign, either by designating the party by name (e.g. ‘ABC Co Ltd’) or by function (e.g. ‘the insured’). Therefore, I am not aware we ever face the problem you raise.

Sometimes the designated counter-signing party is -for example- a freight forwarder, as arranging insurance is sometimes a service they perform (as you no doubt know). I cannot see any UCP related objection to this.

Regards, Jeremy