Post-Brexit Freight Insurance: Updated Requirements

Post-Brexit Freight Insurance: Updated Requirements

Introduction: why freight insurance feels different after Brexit

If you move goods between the UK and the EU (or beyond), Brexit didn’t just add paperwork—it changed where risk sits, who is responsible at each stage, and how claims are evidenced. The result is simple: many businesses now have more opportunities for uninsured loss.

Freight insurance (often called cargo insurance or goods in transit insurance) is designed to protect the value of goods while they’re being transported by road, sea, air, rail, or a combination of these. Post-Brexit, the “rules of the journey” can shift mid-route: different carriers, different jurisdictions, more handovers, more storage, and more customs intervention.

This guide explains the updated requirements and practical steps UK importers, exporters, manufacturers, wholesalers, and logistics firms should take to keep cover aligned with today’s trading reality.

What actually changed post-Brexit (in insurance terms)

Brexit didn’t rewrite the fundamentals of marine cargo insurance, but it did change the environment in which losses occur and claims are handled.

Key changes that affect freight insurance include:

  • More border friction and dwell time: Delays increase the chance of theft, damage, temperature excursions, and deterioration.

  • More transhipments and subcontracting: Extra legs and handovers increase exposure and complicate liability.

  • More customs checks and interventions: Insurers may ask for stronger evidence of packing, sealing, and chain of custody.

  • Greater reliance on Incoterms and contracts: Who arranges insurance and when risk transfers matters more than ever.

  • Different VAT and duty treatment: Underinsurance can happen if businesses insure only the invoice value and forget duty, VAT, and freight.

The two big questions: who is responsible and what is covered?

Before you look at policy wording, get clarity on two basics.

1) Who is responsible for arranging insurance?

In many UK–EU supply chains, the party arranging transport is not always the party that should insure the goods. Responsibility can be set by:

  • Incoterms (e.g., EXW, FCA, CPT, CIP, DAP, DDP)

  • Your sales/purchase contract

  • Carrier terms and conditions

  • Freight forwarder agreements

Post-Brexit, businesses often changed Incoterms (sometimes without fully understanding the insurance impact) to control customs processes or reduce admin. That can unintentionally move the insurance obligation.

2) What is actually covered: “carrier liability” vs “cargo insurance”

A common and expensive misconception is assuming the carrier will pay if goods are lost or damaged.

  • Carrier liability is limited by law and contract (and can be very low compared to the cargo value). It also depends on proving the carrier was negligent.

  • Cargo insurance (freight insurance) is designed to pay for insured loss or damage to the goods, typically without needing to prove negligence.

If you’re relying on carrier liability alone, you may be accepting a large uninsured exposure.

Updated requirements: what UK businesses should review now

There isn’t a single “Brexit freight insurance law” that forces every business to buy cargo insurance. But there are practical requirements that have become more important for compliance, contracts, and claim success.

1) Ensure your policy matches your Incoterms

Incoterms define where risk transfers from seller to buyer. If your Incoterms changed post-Brexit, your insurance should change too.

Examples:

  • EXW (Ex Works): Buyer takes risk very early—often before goods are loaded. If you sell EXW and still assume you’re covered until delivery, you may have a gap.

  • FCA (Free Carrier): Risk transfers when goods are handed to the carrier at a named place. If you’re the buyer, you may need cover from that point.

  • CIP (Carriage and Insurance Paid To): Seller must arrange insurance (with a higher minimum standard than CIF). If you’re the buyer, check the seller’s insurance is adequate for your goods.

  • DDP (Delivered Duty Paid): Seller carries risk to delivery and handles duty/VAT—insurance should reflect the full exposure.

Action: list your top 10 trade lanes and the Incoterms used, then map where risk transfers and whether your policy covers that point.

2) Confirm the scope: UK-only transit vs international transit

Many “goods in transit” policies are designed for UK domestic movements. Post-Brexit, some businesses assumed EU deliveries were included when they weren’t.

Check:

  • Does the policy explicitly include EU and worldwide transit?

  • Are imports covered, exports, or both?

  • Are returns covered (a common post-Brexit issue due to rejected deliveries or customs errors)?

3) Review the cover basis: All Risks vs named perils

Cargo insurance is often written on a basis such as:

  • All Risks (broad cover, but still with exclusions)

  • Named perils (only specific events are covered)

With longer transit times and more storage, “named perils” cover can leave gaps for:

  • Handling damage

  • Water ingress not caused by a major event

  • Theft from unattended vehicles (depending on wording)

  • Temperature-related deterioration

If you ship high-value, fragile, or time/temperature-sensitive goods, broad cover is usually essential.

4) Storage and “held covered” clauses: delays, customs, and temporary warehousing

Post-Brexit, goods are more likely to be:

  • Held at ports

  • Parked in secure compounds

  • Stored in bonded warehouses

  • Delayed due to missing paperwork

Your policy must address storage in transit and delay-related exposures. Many policies cover storage that is “incidental to transit” up to a time limit, but not indefinite storage.

Action: ask your broker to confirm:

  • Maximum storage time covered

  • Whether bonded storage is included

  • Whether consolidation/deconsolidation is covered

5) Valuation: insure the right amount (invoice value is often not enough)

Underinsurance is a quiet problem that becomes obvious only during a claim.

Consider insuring:

  • Invoice value of goods

  • Freight costs

  • Duty and import VAT (where applicable)

  • A percentage uplift for anticipated profit (common in cargo policies)

If your goods are subject to tariffs or higher duty rates, the “landed cost” can be materially higher than pre-Brexit.

6) Documentation and claims evidence: tighten your process

Claims succeed faster when documentation is clean. Post-Brexit, insurers and loss adjusters may scrutinise:

  • Commercial invoice and packing list

  • Bill of lading / CMR / airway bill

  • Proof of delivery and condition reports

  • Photos of packaging and damage

  • Seal numbers and chain-of-custody records

  • Temperature logs (if relevant)

Action: create a simple internal checklist for dispatch and receiving teams, including photo evidence at handover points.

7) High-risk goods and special conditions

Certain goods attract tighter conditions post-Brexit because of theft trends and supply-chain disruption. Examples include:

  • Alcohol and tobacco

  • Electronics

  • Pharmaceuticals and medical devices

  • Luxury goods

  • Tools and plant

You may see requirements for:

  • Approved vehicle security

  • Two-driver rules

  • No overnight parking unless in secure compounds

  • Tracking devices

  • Specific packaging standards

If you can’t meet the conditions, you may have restricted cover or higher excesses.

Common post-Brexit freight insurance gaps (and how to avoid them)

Gap 1: assuming your freight forwarder’s cover protects your goods

Freight forwarders often carry liability insurance for their own negligence, not full cargo cover for your goods. If you want your goods insured, you typically need:

  • Your own cargo policy, or

  • A specific cargo insurance arrangement in your name (not just “we’re insured”).

Gap 2: not covering the “first mile” or “last mile”

Risk often concentrates at the start and end of transit: loading, unloading, and short local legs. If your Incoterms move risk earlier, you need cover earlier.

Gap 3: temperature excursions and spoilage

Delays at borders can push refrigerated or controlled goods outside tolerance. Temperature cover may require:

  • Calibrated equipment

  • Continuous temperature monitoring

  • Prompt reporting

Gap 4: rejected shipments and returns

Post-Brexit paperwork errors can lead to refused entry or returned goods. Ensure your policy covers:

  • Return transit

  • Additional storage

  • Re-labelling or re-packaging (where insurable)

Gap 5: cyber and fraud in shipping documentation

Supply chains are targets for invoice fraud, diversion scams, and document manipulation. Cargo insurance may not cover pure financial loss from fraud.

Practical risk controls include:

  • Verifying bank detail changes out-of-band

  • Tight access controls on shipping documents

  • Confirming collection and delivery instructions

What logistics firms and hauliers should know: liability still matters

If you’re a haulier or logistics operator, your customer’s cargo insurance doesn’t remove your exposure. You still need appropriate liability cover for:

  • Carriage of goods

  • Errors and omissions (where relevant)

  • Warehousekeepers’ liability if you store goods

Also remember: post-Brexit, you may operate under different regimes depending on the leg of the journey and the contract. That can affect how claims are pursued and defended.

Quick checklist: post-Brexit freight insurance review

Use this as a practical starting point.

  • Confirm Incoterms used for each trade lane and where risk transfers

  • Confirm the policy covers EU and international transit (imports, exports, returns)

  • Choose appropriate cover basis (All Risks vs named perils)

  • Confirm storage in transit and customs delays are covered (and time limits)

  • Insure the correct value (including freight, duty, VAT, uplift)

  • Check security conditions for theft-prone goods and routes

  • Tighten documentation and photo evidence at handovers

  • Confirm claims notification timescales and internal responsibilities

How to buy the right cover (without overpaying)

The goal isn’t to buy the most expensive policy—it’s to buy the right policy.

A good broker will typically ask:

  • What do you ship (type, value, fragility, temperature sensitivity)?

  • Where do you ship (routes, countries, ports)?

  • How do you ship (road/sea/air, containerised, groupage)?

  • Who carries risk (Incoterms, contracts)?

  • What’s your annual turnover and maximum single shipment value?

  • What loss history do you have?

If you can answer these clearly, you’ll get better terms and fewer surprises at claim time.

FAQs

Do I legally need freight insurance to ship goods post-Brexit?

Not usually as a blanket legal requirement, but many contracts, lenders, and customers require it. Even where it isn’t mandatory, it’s often commercially sensible because carrier liability may be limited.

Is carrier liability enough for UK–EU shipments?

Often no. Carrier liability can be capped and may not reflect the full value of your goods. Cargo insurance is designed to protect the goods themselves.

What’s the difference between goods in transit and marine cargo insurance?

Goods in transit is often used for domestic UK movements. Marine cargo insurance typically covers international transit and multimodal shipments (including road legs) under a broader framework.

Does cargo insurance cover customs delays?

Some policies cover storage in transit and incidental delay, but not all losses caused purely by delay. Check wording and time limits.

Are returns covered if a shipment is rejected at the border?

Only if your policy includes returns or continuation of cover. This is a key post-Brexit point to confirm.

Call to action

If you’re shipping between the UK and the EU, now is the time to review your Incoterms, transit routes, and policy wording. A small mismatch can create a big uninsured loss.

If you want a quick, practical review, speak to a specialist commercial broker who understands UK–EU trade lanes, customs realities, and how cargo claims actually work. Get your freight insurance aligned before the next shipment leaves the yard.

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