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Posted by Admin on August, 08, 2026
Quick answer: Under FOB and CFR, the buyer is responsible for arranging marine insurance, even though under CFR the seller pays the freight β this is the single most common point of confusion in export contracts. Under CIF and CIP, the seller is contractually required to arrange marine insurance on the buyer's behalf. Under most other Incoterms (EXW, FCA, DAP, DPU, DDP), Incoterms rules don't explicitly require either party to buy insurance, but whoever bears the risk at a given point in transit has a strong practical reason to insure it.
Misunderstanding this single point β who is actually responsible for insurance under the agreed Incoterm β is one of the most common and costly mistakes in Indian export trade, because it can leave a shipment completely uninsured while both the buyer and seller each assume the other has covered it.
Incoterms (International Commercial Terms, published by the ICC) primarily define three things: who arranges transport, who bears risk at each stage, and who pays which costs. Insurance is a separate, fourth question β and Incoterms only make it mandatory under two of the eleven terms: CIF and CIP. For every other term, insurance is left to the parties to arrange for themselves, based on who is actually exposed to the risk. This is exactly where confusion creeps in β particularly under CFR, where the seller pays freight but not insurance, leading many buyers to wrongly assume they're covered.
Under FOB, the seller's responsibility ends once the goods are loaded on board the vessel at the named port of shipment. From that point, risk transfers to the buyer, which means:
This is where most confusion happens. Under CFR:
Many buyers mistakenly assume that because the seller is paying freight, the seller must also be insuring the goods. This assumption alone has left countless shipments completely uninsured in transit.
CIF is one of only two Incoterms where insurance is contractually mandatory for the seller:
This last point matters enormously: a buyer who assumes "CIF means I'm fully insured" may be surprised to learn their seller only purchased the minimum legally required cover, which excludes many common causes of loss.
CIP is the other Incoterm requiring seller-arranged insurance, and it applies to any mode of transport, not just sea freight:
This is a deliberate change introduced in the Incoterms 2020 revision, reflecting that CIP is more commonly used in higher-value, multimodal trade where broader cover is expected as standard.
Under EXW, FCA, FAS, DAP, DPU, and DDP, Incoterms rules do not require either party to purchase insurance. However:
| Incoterm | Who Pays Freight | Who Bears Risk During Main Carriage | Who Must Insure |
|---|---|---|---|
| EXW | Buyer | Buyer (from seller's premises) | Buyer (not mandatory under Incoterms) |
| FCA | Buyer | Buyer (from named place) | Buyer (not mandatory under Incoterms) |
| FOB | Buyer | Buyer (from port of loading) | Buyer (not mandatory under Incoterms) |
| CFR | Seller | Buyer (from port of loading) | Buyer (not mandatory under Incoterms) |
| CIF | Seller | Buyer (from port of loading) | Seller (mandatory, minimum ICC C) |
| CIP | Seller | Buyer (from handover to carrier) | Seller (mandatory, minimum ICC A) |
| DAP | Seller | Seller (until named destination) | Seller (not mandatory, but practically advisable) |
| DPU | Seller | Seller (until unloaded at destination) | Seller (not mandatory, but practically advisable) |
| DDP | Seller | Seller (until delivery, duty paid) | Seller (not mandatory, but practically advisable) |
Two very common, very costly situations arise directly from this confusion:
Both situations are entirely avoidable β but only if the Incoterm, and the insurance obligation attached to it, is understood clearly by both parties before the shipment sails, not after something goes wrong.
Whether you're a seller structuring a CIF quotation, or a buyer working out whether you're actually covered under an FOB or CFR contract, CargoCover Advisory helps:
Who is responsible for marine insurance under FOB terms? Under FOB, the buyer is responsible for arranging marine insurance, since risk transfers from seller to buyer once the goods are loaded on board the vessel at the port of shipment.
Does the seller insure the cargo under CFR terms? No. Under CFR, the seller pays freight to the destination port, but insurance remains the buyer's responsibility, because risk transfers to the buyer at the port of loading, the same point as under FOB.
Is the seller required to buy marine insurance under CIF? Yes. Under CIF, the seller is contractually obligated to arrange marine insurance for the buyer's benefit, though the minimum required level under Incoterms is Institute Cargo Clause C unless a higher level is agreed.
What is the difference between CIF and CIP for insurance purposes? Both require the seller to insure on the buyer's behalf, but under Incoterms 2020, CIP requires a higher minimum level of cover β Institute Cargo Clause A (All Risks) β while CIF only requires the lower Institute Cargo Clause C, unless the parties agree otherwise.
If I'm buying under CIF, is my cargo automatically fully insured? Not necessarily. CIF only obligates the seller to purchase the Incoterms-minimum Institute Cargo Clause C cover, which is fairly narrow. Buyers who want broader protection should specifically negotiate for Institute Cargo Clause A cover in the sales contract, rather than assuming CIF means comprehensive insurance.
What happens if neither party arranges insurance under FOB or CFR? The shipment sails completely uninsured. This is a surprisingly common outcome when both parties incorrectly assume the other has arranged cover, particularly under CFR where the seller's freight payment is mistaken for an insurance obligation.
Don't let your Incoterm quietly decide whether your cargo is insured. Connect with CargoCover Advisory to confirm exactly who's responsible for insurance on your next shipment β before it sails.
Ms. Ankita Agrawal is the CEO of CargoCover Advisory, a licensed corporate insurance agency based in Indore, Madhya Pradesh, working with exporters, importers, and CHAs across India on marine cargo insurance policy structuring aligned to Incoterms and contract terms. Read more about CargoCover Advisory.
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