Chapter Ten

单击此处编辑母版标题样式,单击此处编辑母版文本样式,第二级,第三级,第四级,第五级,*,单击此处编辑母版标题样式,单击此处编辑母版文本样式,第二级,第三级,第四级,第五级,*,单击此处编辑母版文本样式,第二级,第三级,第四级,第五级,*,单击此处编辑母版标题样式,单击此处编辑母版标题样式,单击此处编辑母版文本样式,第二级,第三级,第四级,第五级,*,单击此处编辑母版标题样式,单击此处编辑母版文本样式,第二级,第三级,第四级,第五级,*,Chapter Ten,Insurance,Objectives:,Know the fundamental principles of cargo insurance.,Understand the risks and losses in marine transportation.,Grasp the types of insurance.,Get a basic understanding of the insurance practice.,Chapter Ten,Upon completion of this chapter, you will,Insurance,Chapter Ten,Text,Technical Terms,Exercises,Skill Training,Letters,Text Contents,10.1,Fundamental Principles of Cargo,Insurance,10.2,Risks and Losses in Cargo Transport,10.3,Ocean Marine Insurance under C.I.C,10.4 Insurance Practice of International Trade,This chapter discusses several perspectives of cargo insurance, which mainly covers the fundamental principles, the risks and losses in cargo transportation, the coverage of marine cargo insurance together with the introduction to the insurance practice. Based on the overall understanding, hopefully, you can acknowledge the importance of marine cargo insurance and what,kink of coverage you should take.,In international trade, the goods are usually conveyed for a long distance. On the way to the importing destination, many natural calamities, such as storm, flood, earthquake, and extraneous risks, such as theft, leakage, war or striking, may happen. Therefore, no matter what kind of transit is employed, various risks and great losses are not uncommon to face. The unfortunate wont occur to every consignment, but which particular cargo would suffer can not be predicted. In order to avoid the potential losses, the traders have to make their goods insured against the cargo transportation perils. As a result, in the event of loss, the burden of any loss is not born by the unfortunate individual directly influenced. The insurance company will indemnify the insured as long as they have already paid the premium.,10.1,Fundamental Principles of Cargo Insurance,Marine cargo insurance is practiced subject to some fundamental principles. According to the Insurance Law of The Peoples Republic of China issued in 1995, there are mainly six principles.,1. Principle of Insurable Interest,可保利益原则,Insurable Interest refers to the interest which the applicant has in the subject matter of the insurance and is recognized by law. That is to say, the insurant absolutely owns the goods and will suffer some losses if any maritime risks occur. Otherwise, one will not hold the,insurable interest and will not get the coverage.,2. Principle of Utmost Good Faith,最大诚信原则,When the insurant and the insurer are entering in the insurance contract, both parties should be faithful. The insurant is responsible to expose to the insurer all the essential information that will affect the judgment and evaluations to the risks whether the insured is asked for them or not, while the insurer have the obligation as well. The insurer must not withhold information from the insured, so as to lead him into a less favorable contract. If either fails to observe good faith, the other may terminate the contract.,10.1,Fundamental Principles of Cargo Insurance,3. Principle of Indemnity,损失赔偿原则,A cargo insurance policy is an agreement that the insurer will compensate the insurant in the event of loss of or damage to the subject matter. As it is very difficult and unpractical for the insurer to repair the ship and supply the same cargo, the damages and losses are usually indemnified by paying a sum of money. The whole indemnification shall be limited to the actual loss suffered by the insured and the insurant can recover no more than his actual loss.,10.1,Fundamental Principles of Cargo Insurance,4. Doctrine of Proximate Cause,近因原则,When the damages or losses occur, it is very common that there may be several causes operating concurrently. The proximate one will be the active and efficient cause which has a direct link between the cause and the result, and in each stage of the events, the cause is so powerful that one can logically foretell what would happen next. The proximate cause is unnecessary to be the initial event or the last event, but the dominant or the most forceful one to bring a result. And the insurer will only compensate the loss directly linked to the,perils covered.,10.1,Fundamental Principles of Cargo Insurance,近因原则,近因原则是,保险,当事人处理保险案件，或法庭审理有关,保险赔偿,的诉讼案，在调查事件发生的起因和确定事件责任的归属时所遵循的原则。按照近因原则， 当保险人承保的风险事故是引起保险标的损失的近因时，保险人应负赔偿,(,给付,),责任。,5. Principle of Subrogation (subrogate means to take place of another ),代位求偿原则,It is possible that the damages or losses result from the misconduct of a third party. In that case, should the insurer compensate the insurant? The answer is affirmative. But after he has made indemnification to the insured, the insurer is entitled to pursue compensation from the third party. During this process, the insurant helps the insurer by transferring his own right of recourse to the latter. Subrogation allows the insurer to seek, always in the name of the insured, any rights or remedies which the insured should hold. And it is a very effective way to reduce his own financial losses and,protect his own interest.,10.1,Fundamental Principles of Cargo Insurance,代位求偿原则,指当保险标的发生保险责任范围内的由第三者责任造成的损失,保险人向被保险人履行损失赔偿责任后,有权在其已经赔付金额的限度内取得被保险人在该项损失中向第三人责任方要求赔偿的权利。保险人取得该项权利后,即可取代被保险人的地位向第三人责任方索赔。,简言之,代位追偿就是保险人取代被保险人向责任方追偿,是一种权利代位,即追偿权的代位。,6. Principle of Share,重复保险分摊原则,According to the insurance law, the insured can not recover more than his actual loss. But on some occasions, the insured concludes with several insurers for the same subject matter insured and against the same risk, and the insured amount of the said subject matter insured thereby exceeds the insured value. When the damages or losses occur, in order to avoid that the insured gets more financial indemnification than his actual loss, each insurer will compensate in proportion to his respective insurance amount. Any insurer who has paid an indemnification in an amount greater than the amount for which he is liable, shall have the right of recourse against those who have not paid their indemnification in the amounts,for which they are liable.,10.1,Fundamental Principles of Cargo Insurance,BACK,重复保险分摊原则,重复保险指被保险人以同一保险标的物向两家或两家以上的保险人投保相同的保险，而且保险金额总额超过该保险标的价值的行为。,重复保险分摊原则指根据保险补偿原则，在发生重复保险赔付责任时，将保险标的的损失赔偿责任在各保险人之间进行分摊，以避免被保险人获得超过实际损失的赔偿的法律原则。,10.2,Risks and Losses in Cargo Transport,While the cargo traveling to another country, it is likely to encounter various perils, which will indispensably bring potential losses and incur certain expenses.,10.2.1 Risks,Risks refer to,the perils which occur in the transit,. Generally speaking, it can be classified into two types: perils of the sea and external or extraneous risks.,10.2.1 Risks,1. Perils of the Sea,海上风险,Perils of the sea are caused by,natural calamities and fortuitous or unexpected accidents.,Natural calamities are caused by the forces resulting from the changes of nature, such as,heavy weather, thunderbolt, lighting, tsunami, hurricane, earthquake, volcanic eruption, flood and the like,. But one thing should deserve to be mentioned that,not all,the disasters caused by the natural forces can be included here. These events should be exceptional to some extent and the ordinary action of the wind and waves are not considered natural calamities. Unexpected accidents refer to the,carrying vessel being stranded, grounded, sunk or capsized, or missing, or in collision with floating ice or any object other that water,as well as fire or explosion.,10.2.1 Risks,2. External/Extraneous Risks,外来风险,External/Extraneous risks include general external risks and special external risks. General external risks include,theft and pilferage, fresh or rain water damage, intermixture and contamination, leakage, shortage in weight, breakage of packing, sweating and heating, odor, hook damage, rusting and so on,. Special external risks are caused by military factors, political factors, government regulations such as,war, striking, failure to deliver, confiscation, etc.,10.2.1 Risks,Natural calamities,Perils of the sea,Fortuitous accidents,Risks,General extraneous risks,Extraneous risks,Special extraneous risks,Figure 10-1 Types of Marine Risks,10.2.2 Losses,Ocean marine insurance covers two types of losses: total loss and partial loss.,1. Total Loss,全部损失,Total loss means the loss of the entire value of the subject matter. It can be classified into,actual total loss,or,constructive total loss,.,Actual total loss indicates that the insured cargo has been completely lost in value. It may be lost indeed, or have been damaged so much so that its original usage no long exists. While a constructive total loss occurs when it is estimated that the actual total loss of cargo is inevitable or the cost of salvage or recovery could have exceeded the value of the cargo. Then the goods are reasonably abandoned for it could stop further losses.,10.2.2 Losses,2. Partial Loss,部分损失,Partial loss means,the total loss of part of the insured cargo,(e.g., the loss of one case out of a shipment of twenty) or the damage to all or part of the insured cargo. It can be classified into general average and particular average. In cargo insurance practice, average is employed to indicate partial loss or non-total loss to a,ship or cargo.,10.2.2 Losses,(1) General Average (G.A.),共同海损,General average is based on a relationship between,the ship-owner and the owners of the various cargoes,aboard the same ship. It refers to a certain special sacrifice and extra expense intentionally incurred to rescue a ship and its cargo from impeding danger or for the common safety of the adventure when the whole ship is at risk. In order to save the vessel and cargo, there is no other choice but to abandon part of the ship or goods. In that case, an act of general average will be declared. According to the maritime law, all the merchants whose cargo landed safely would be called on to contribute a portion, based upon a share or percentage, to the merchant or merchants whose goods had been tossed overboard to avoid perils.,10.2.2 Losses,The first codification of general average was the York Antwerp Rules 1 of 1890. American companies accepted it in 1949. General,average takes effect on the following conditions:,The risk must be real and threaten the safety of the ship and the,cargoes.,Measures taken shall be aimed to remove the common danger of both vessel and cargo and shall be undertaken deliberately and,reasonably for common interest.,The sacrifice of general average must be a willing and intentional,action.,This attempt must be successful in saving the voyage.,10.2.2 Losses,(2) Partial Average (P.A.),单独海损,Partial average means that,a particular cargo is damaged by any reason and the degree of damage does not reach a total loss,. It falls entirely on the particular owner of the cargo which has suffered the damage. He should refer to his insurance company if such loss is,covered by an insurance policy.,单独海损,1,，与共同海损相对应，是指保险标的物在海上遭受承保范围内的风险所造成的部分灭失或损害，即指除共同海损以外的部分损失。这种损失只能由标的物所有人单独负担。,2,，并非为了大家的共同利益而作出的牺牲，而是因自然灾害或意外事故等其他原因直接造成的船舶或货物的损失。,单独海损,的特点,与共同海损相比较，单独海损的特点是：,1,、它不是人为有意造成的部分损失。,2,、它是保险标的物本身的损失。,3,、单独海损由受损失的被保险人单独承担，但其可根据损失情况从保险人那里获得赔偿。根据英国海上法，货物发生单独海损时，保险人应赔金额的计算，等于受损价值与完好价值之比乘以保险金。,单独海损,和共同海损的联系与区别,共同海损与单独海损的,联系,表现在：,1,、从性质上看，二者都属部分损失。,2,、共同海损往往由单独海损引起。,共同海损与单独海损的区别表现在：,1,、造成海损的原因不同。单独海损是由所承保的风险直接导致的船、货的损失，而共同海损是为解除或减轻风险，人为地有意识地采取合理措施造成的损失。,2,、损失的承担者不同。单独海损的损失，由受损者自己承担，而共同海损的损失则由受益各方根据获救利益的大小按比例分摊。,3,、损失的内容不同。单独海损仅指损失本身，而共同海损则包括损失及由此产生的费用。,10.2.2 Losses,Actual total loss,Total loss,Constructive total loss,Losses,General average,Partial loss,Partial average,Figure 10-2 Types of Marine Losses,10.2.3 Expenses,Marine cargo insurance also includes the expenses incurred to avoid or reduce the damage to or loss of the subject matter insured.,There are two major types of charges.,One is sue and labor expenses.(,施救费用,) When the insured cargo suffers natural calamities or fortuitous accidents,within the scope of insurance cover, the insured or his agent or any employees pays the expenses to avert or minimize the loss or damage to the subject matter insured. The insurer is responsible for such expenses.,BACK,10.2.3 Expenses,The other is salvage charges.,（救助费用）,When the subject matter suffers the risks within insurance coverage,a third parity,other than the insured, the insurer, or any employee, takes measures to save the subject matter from risks at sea. If the salvage is effective and successful, the insurer shall pay to the salver. If the salvage is ineffective or unsuccessful, the insurer shall nor pay. This is called “no cure, no,pay” principle.,10.3,Ocean Marine Insurance under C.I.C,Though insurance is vital to the cargo, it is unnecessary to cover every risk in the insurance. When entering into the contract, both the buyer and seller should select the coverage economically and effectively. In the previous section, the various types of risks, losses and expenses have been identified clearly. In so doing, it will be easier for the insurant to effect insurance for his cargo and for the,insurer to indemnify the loss.,In China,China Insurance Clauses,(CIC) is the mostly common used terms in cargo insurance. According to which, the insurances for Ocean Marine Transportation can be categorized into two types: basic risks coverage and additional risks coverage.,10.3.1 Basic Risks Coverage,The elementary insurances for the ocean marine transportation can be divided into three categories: FPA, WPA/WA, and All Risks.,1. FPA (Free from Particular Average),平安险,This insurance is a very limited form of cargo insurance cover. It only covers the total loss caused by the perils of the sea and general average caused by the actual ocean risks. Under such insurance, particular average can not be recoverable. The liability scope of FPA,is as following:,平安险,平安险（,Free from Particular Average,，简称,F.P.A.,）这一名称在我国保险行业中沿用甚久，其英文原意是指单独,海损,不负责赔偿。根据国际保险界对,单独海损,的解释，它是指保险,标的物,在海上运输途中遭受保险范围内的风险直接造成的船舶或货物的灭失或损害。因此，平安险的原来保障范围只赔全部损失。但在长期实践的过程中对平安险的责任范围进行了补充和修订，当前平安险的责任范围已经超出只赔全损的限制。,10.3.1 Basic Risks Coverage,FPA (Free from Particular Average):,Actual total loss or constructive total loss of the consignment caused by natural calamities such as heavy weather, tsunami, earthquake, flood and so on,Total or Partial Loss caused by accidents the conveyance being grounded,，,stranded, sunk or in collision with floating ice or other objects as fire or explosion,Partial loss of the insured goods attributable to heavy weather, lightening, tsunami, where the conveyance has been stranded, sunk, or burned, irrespective of whether the event or events took place after or before such accidents,Partial or total loss consequent on falling of an entire package or packages into the sea during loading, unloading, and transshipment,10.3.1 Basic Risks Coverage,FPA (Free from Particular Average):,Reasonable expenses the insured makes for the salvage of the goods insured, and for averting or minimizing the losses, but the expenses shall not exceed the insured amount,Expenses incurred by discharge of the insured cargoes at a port of distress following a sea peril as well as special charges arising from loading, warehousing at an intermediate port of call or,refuge,Sacrifice in and contribution to General Average and Salvage,Charges,Such proportion of losses sustained by the ship owners as is to be reimbursed by the Cargo Owner under the Contract of,Affreightment,Both to Blame Collision Clause.,10.3.1 Basic Risks Coverage,WPA/WA (With Particular Average/With Average),水渍险,WPA provides a comparatively wider cover against all loss or damage due to marine risks throughout the duration of the policy. Besides what are covered under FPA condition, WPA also covers the partial loss or damage arising from natural calamities such as heavy weather, flood, earthquake, lighting, thunderstorm or tsunami.,水渍险,水渍险（,With Particular Average,，简称,W.P.A.,），又称“,单独海损,险”，英文原意是指单独海损负责赔偿，,海洋运输货物保险,的主要险别之一。,水渍险的责任范围除了包括上列“,平安险,”的各项责任外，还负责被,保险,货物由于恶劣气候、雷电、海啸、地震、洪水等自然灾害所造成的,部分损失,。,10.3.1 Basic Risks Coverage,All Risks,一切险,All Risks is the most comprehensive coverage of the basic risks coverage. Nevertheless, not as its name indicates, this coverage does not include all perils of loss or damage. In addition to the liability scope of FPA and WPA, All Risks also takes the responsibilities for all total or partial loss or damage to the insured cargo either from the perils of the sea or general external risks. That is to say, this coverage excludes the loss, damage or expense attributed to the special external risks of war, strike, or delay, inherent vice or nature of the subject mater insured and so forth.,一切险,一切险的责任范围除包括上列“,平安险,”和“,水渍险,”的所有责任外，还包括货物在运输过程中，因各种外来原因所造成保险货物的损失。不论全损或部分损失，除对某些运输途耗的货物，经,保险公司,与被保险人双方约定在保险单上载明的免赔率外，保险公司都给予赔偿。,10.3.2 Additional Risks Coverage,附加险,As already implied in the name, this coverage is the supplement to the basic risks coverage. Hence any additional risks coverage can not be taken out individually. It should go with one of the three types of basic insurance coverage. Additional insurance coverage fall into two categories: general additional coverage and special additional,coverage.,10.3.2 Additional Risks Coverage,1. General Additional Coverage,一般附加险,General additional coverage mainly includes eleven types of perils as follows:,TPND (Theft, Pilferage and Non-Delivery) - Risk of theft and pilferage refers to the loss of or damage to the insured goods because of being stolen in the transportation; risk of non-delivery refers that the entire goods may not arrive at the destination because of improper loading or unloading or some other reasons.,Fresh Water and Rain damage - It refers to the loss of or damage to the insured goods directly caused by rain and/or fresh,water, not sea water.,Risk of Shortage - It refers to the shortage of weight for the goods during the transportation due to breakage of outer packing,or loss of quantity.,Risk of Intermixture and Contamination - It refers to the risks of being intermixed or contaminated with each other in the course of,transportation,10.3.2 Additional Risks Coverage,Risk of Leakage - It refers to the losses caused by the damage to the container, or deterioration of the insured cargo arising from leakage of liquid in which the insured cargo is stored.,Risk of Clash and Breakage - It refers to the risks of breakage and clash of the fragile goods by shock, collision or pressing,during the course of transportation.,Risk of Odor - It refers to the risk of being tainted by the odor of the goods. It is usually applied to the edible, herbal medicine, cosmetics, toilet material or raw material.,Damage caused by Heating and Sweating - It refers to the damages or losses resulting from sudden change of temperature or the breakdown of ventilation of the carrying vessel during the,course of transportation.,10.3.2 Additional Risks Coverage,Hook Damage - It refers to the damages or losses arising from hook in the process of loading and unloading, such as expenses,of changing packing bags etc.,Risk of Rust - It refers to the risk of damage to the goods by rust arising from contamination with sea water during the course of transportation. But it is important to notice that the rust caused,by itself is excluded.,Risk of Breakage of Packing - It refers to the damages or losses caused by breakage of packing resulting from rough,handling, loading and unloading.,General additional coverage covers the general external risks. According to different nature of different items, it is advisabl