外貿函電保險課件

1、Objectives 1. 保險在外貿業(yè)務中的重要性 2. 國際貿易中的主要險種 3. 涉及保險的商業(yè)信函的撰寫 通過本章的學習，幫助學生掌握: Human beings are subject to various unpredictable risks risk of death or disability due to natural or accidental causes, risk of loss of or damage to ones property, etc. Risk has the element of unpredictability, but losses can

2、be mitigated through insurance. There are many types of insurance products available for life and non-life property insurance, life insurance, liability insurance, bond insurance, to name just a few. Cargo insurance belongs to property insurance. Cargo insurance covers physical damage to or loss of

3、your goods whilst in transit by land, sea and air and offers considerable opportunities and cost advantages if managed properly. It brings the potential loss of or damage to goods into cost and the insurer, on the basis of a premium received, undertakes to indemnify the insured against loss from cer

4、tain risks or perils to which the cargo insured may be exposed. Cargo insurance has become a must in international trade. Without it, international trade can not be guaranteed. OverviewWhat is the purpose of insurance? house against fire.You can insure your car against accident/theft. nose against h

5、arm. life insurance. health insurance.You can effect a endowment insurance.養(yǎng)老保險 accident insurance. burglary and robbery insurance.Insurance Contract(保險合同)1.Definition(1)保險合同是投保人與保險人約定保險權利義務關系的協(xié)議An insurance contract is an agreement whereby the insurance rights and obligations are specified and agre

6、ed by the applicant and the insurer. (2)投保人the applicant 是指與保險人訂立保險合同，并按照保險合同負有支付保險費義務的人。 An applicant refers to the party who enters into an insurance contract with an insurer and is obligated to pay the premiums under the insurance contract. (3)保險人the insurer 是指與投保人訂立保險合同，并承擔賠償或者給付保險金責任的保險公司。An in

7、surer refers to the insurance company which enters into an insurance contract with an applicant and is obligated to make indemnity or payments of the insurance benefits.(4)被保險人the insured被保險人是指其財產或者人身受保險合同保障，享有保險金請求權的人，投保人可以為被保險人。The insured refers to anyone whose property or person is protected by

8、the insurance contract and who is entitled to claim for compensation. An applicant may be the insured. (5)保險標的The subject matter 保險標的是指作為保險對象的財產及其有關利益或者人的壽命和身體。The subject matter of the insurance refers either to the property of the insured and related interests associated therewith, or to the life

9、and the body of the insured, which is the object of the insurance.(6)保險利益 insurable interest保險利益是指投保人對保險標的具有的法律上承認的利益。An insurable interest refers to the interest which the applicant has in the subject matter of the insurance and is recognized by laws. (7)保險事故insured event 保險事故是指保險合同約定的保險責任范圍內的事故。An

10、 insured event refers to an event falling within the scope of cover under the insurance contract.(8)保險金額the insured sum 保險金額是指保險人承擔賠償或者給付保險金責任的最高限額。The sum insured refers to the maximum amount which the insurer undertakes to indemnify or pay under its insurance obligation.(10)保險費the premium保險費是指投保人向

11、保險人支付的保險合同規(guī)定的費用。The premium refers to the charge that the applicant pays to the insurer as specified in the insurance contract.(11)保險價值insured value 保險價值是指保險標的的保險價值，保險價值可以由投保人和保險人約定并在合同中載明，也可以按照保險事故發(fā)生時保險標的的實際價值確定。The insured value of the subject matter of the insurance may be agreed by the applicant

12、 and the insurer, and specified in the contract; or it may be assessed based on the actual value of the subject matter of the insurance at the time of the occurrence of the insured event. Fundamental Principles of Cargoes Insurance（保險的基本原則）(1)保險利益原則 The insurable interest投保人對保險標的應當具有保險利益。An applican

13、t shall have an insurable interest in the subject matter of the insurance.投保人對保險標的不具有保險利益的，保險合同無效。 An insurance contract is null and void if the applicant has no insurable interest in the subject matter of the insurance. (2)最大誠信原則 The Utmost Good Faith訂立保險合同，保險人應當向投保人說明保險合同的條款內容，并可以就保險標的或者被保險人的有關情況提

14、出詢問，投保人應當如實告知。The insurer shall, prior to the conclusion of an insurance contract, explain the contract terms and conditions to the applicant and may inquire about the subject matter of the insurance or person to be insured. The applicant shall make a full and accurate disclosure. (3)賠償原則 Indemnity保

15、險金額不得超過保險價值；超過保險價值的，超過的部分無效。The sum insured shall not exceed the insured value of the subject matter of the insurance, and any portion exceeding the insured value of the subject matter of the insurance is null and void as a matter of law. Two Subsidiary Principles Under the indemnity principle, ther

16、e are two sub-principles: 1) Contribution(分攤) 2) Subrogation(代位追償 )4. The Doctrine of Proximate Cause (近因原則) 風險： risks, perils total loss損失：losses particular average partial loss (單獨海損） general average （共同海損）險別：risks, perils, coverages 保險公司按照不同險別包括的風險所造成的損失和發(fā)生的費用承擔賠償責任，所以在保險業(yè)務中風險、損失和險別三者有著緊密的聯(lián)系，為此，我

17、們對保險公司所能承保的風險與損失的種類和內容必須有準確的理解。 Risks and Losses in Cargo Transport In marine cargo transport insurance, risks fall into:1. Perils of the Sea 海上風險 1) Natural Calamity自然災害 ( the perils under force majeure such as vile weather, thunder storm and lightening, earthquake, flood, etc.) 2) Fortuitous Accid

18、ents意外事故 ( risks such as ship stranding, striking upon the rocks, ship sinking, ship collision, fire, explosion, etc.)2. Extraneous Risks 外來風險 1) General Extraneous Risks 一般外來風險 ( risks caused by theft, rain, leakage, shortage, dampness, heating, hooking, rusting, etc.) 2) Special Extraneous Risks 特

19、殊外來風險 ( risks caused by on deck, war, strikes, failure of delivery and rejection, etc.) Risks in Marine Cargo TransportHeavy weatherlighteningearthquakeVolcanic eruptiontunamiNatural CalamitiesFortuitous accidentsfireexplosioncollisionstrandedsunkgroundedLosses in Marine Cargo TransportThe losses an

20、d damages done to the goods can fall into : 1. Total Loss 全部損失 1) Actual Total Loss 實際全損 （the whole lot of the consignment has been lost or damaged or found valueless upon the arrival at the port of destination) 2) Constructive Total Loss 推定全損 ( the actual loss of the insured goods is unavoidable, o

21、r the ship or the consignment has to be abandoned because the cost of salvage or recovery would exceed the value of the ship and the consignment in sound condition upon the arrival of the port of destination.)2. Partial Loss 部分損失 1) General Average (G.A.)共同海損 ( when both the ship and the consignment

22、s on board are engaged and the captain, for the safety of the ship and the consignments, intentionally and reasonably does some sacrifices or makes some expenses.) 2) Particular Average (P.A) 單獨海損( a particular consignment is partially damaged)The condition for forming G.A.1. The safety of the ship

23、and the cargo is threatened; 2. The measures taken are conscious and reasonable; 3.The sacrifice is particular and expenses are extra;4. The sacrifice and expenses must be effective in the end ExpensesExpenses here fall into the following kinds:Sue and labor expenses 施救費用 ( made by the insured or hi

24、s agent to prevent them from suffering further losses)Salvage charges 救助費用 ( made to those other than the insured, the carrier and the insurer who come to the salvage of the ship and the consignments. Ocean Marine Insurance under C.I.CThe China Insurance Clauses (C.I.C) issued by Peoples Insurance C

25、ompany of China (PICC) provides both basic risks coverage and additional risks coverage for marine cargo transport. The former can be further divided into three conditions: Free From Particular Average (F.P.A), With Particular Average (W.P.A.) and All Risks（A.R.）and the latter includes general addit

26、ional risks and special additional risks. China State Insurance Organization In China, China Insurance Clauses(C.I.C.）issued by the Peoples Insurance of China(PICC) is mainly adopted for international cargo transportation insurance.Basic Risks CoverageAdditional Risks Coverage All Risks(AR)Free from

27、 Particular Average (FPA) With Particular Average(WPA/WA)General Additional RisksSpecial Additional RisksFPA: (Free from Particular Average) 平安險 自然災害造成的全部損失+意外事故造成的全部和部分損失+海上費用WPA:水漬險 FPA+自然災害造成的部分損失All Risk:一切險 WPA+一般外來風險所造成的全部損失和部分損失（一般附加險） Ocean Transport Insurance ClausesOcean Marine Cargo Claus

28、e modified on 1 January 1981 provides: All Risks = F.P.A. + W.A. + General Additional Risks Scope of insurance responsibilities: AR WPA FPAAdditional Risks Coverage for Ocean Transport under C.I.C1) General Additional Risks2) Special Additional Risks附加險Additional Risks General Additional Risks 一般附加險

29、Special Additional Risks 特殊附加險Fall into 8 types, such as war risks and strike risks.Fall into 11 types covered in All Risks Ocean Marine Cargo Clause modified on 1 January 1981 provides: General additional risks cover losses caused by extraneous risks and can be classified into following types:1. Th

30、eft Pilferage and Non-Delivery , T. P. N. D. 偷竊、提貨不到險；2. Rain Fresh Water Damage , F.W. R. D. 淡水雨淋險；3. Risk of Shortage 短量險；4. Risk of Intermixture and Contamination 混雜、玷污險；5. Risk of Leakage 滲漏險；6. Risk of Clash and Breakage 碰損、破碎險；7. Risk of Ordour 串味險；8. Damage Caused by sweating and Heating 受潮受熱

31、險；9. Hook Damage 鉤損險；10. Loss and Damage Caused by Breakage of Packing 包裝破裂險；11. Risk of Rust 銹損險.General Additional RiskSpecial additional risks cover losses caused by special extraneous risks. Normally they are classified into following types:1. War Risks 戰(zhàn)爭險;2. Strike risks 罷工險;3. Aflatoxin 黃曲霉素險

32、;4. Failure to deliver 交貨不到險;5. On Deck 艙面險;6. Import Duty 進口關稅險;7. Rejection 拒收險;8. Fire Risk Extension Clause , F. R. E. C. for storage of cargo at destination HongKong , including Kowloon , or Macao 貨物出口到香港（包括九龍）或澳門 存?zhèn)}火險責任擴展條款（ ）。Special Additional RisksExclusions (除外責任)refer to losses and expens

33、es for which the insurance company declares clearly not to be responsible. They usually include: 1) Loss or damage caused by the intentional act or fault of the insured;2) Loss or damage falling under the liability of the consignor;3) Loss or damage arising from the inferior quality or shortage of t

34、he insured goods prior to the attachment of this insurance;4) Loss or damage arising from normal loss, inherent vice or nature of the insured goods, loss of market and/or delay in transit and any expenses arising therefrom;5) Risks and liabilities covered and excluded by the war risks clause and str

35、ikes, riot and civil commotion clauses under C.I.C. ExclusionsCommencement and Termination of Basic Insurance The commencement and termination of basic insurance are usually stipulated by adopting the customary Warehouse to Warehouse Clause, W/W. By the W/W clause, the liability of the insurer is ex

36、tended to cover pre-shipment and post-shipment risk. The insured goods are covered from the time when they leave the warehouse at the place named in the policy for the commencement of the transit and continue to be covered until they are delivered to the final warehouse at the destination named in t

37、he policy, but the policy provides an overriding time limit of 60 days after the completion of discharge of the insured goods from the seagoing vessel at the final fort of discharge. On the expiration of that time limit of 60 days the cover ceases to protect the goods even though they have not reach

38、ed the final warehouse. Insurance of Land, Air and Parcel Post TransportOverland Transport Cargo InsuranceOverland Transport Insurance & Overland Transport All RisksOverland Transport Cargo War RisksAir Transport InsuranceParcel Post InsuranceParcel Post Risks & Parcel Post All RisksParcel Post War

39、RisksAir Transport Insurance & Air Transport All RisksAir Transport Cargo War RisksUnder CIC, PICC sets overland, air transport and parcel post insurance respectively according to various means of transport.Insurance Practice of International TradeIn the case of a CIF contract, the exporter will eff

40、ect insurance immediately after receiving the letter of credit from the buyer. For insurance, he will prepare necessary documents and fill in an Application for Insurance. Insurance shall be effected before shipment is made or before the consignment is delivered to the carrier. In the case of an FOB

41、 or CFR contract, the buyer will effect insurance and open policy would be preferred to avoid failure of insurance. Attention is paid to the following points in effecting insurance: 1. Whether the insurance coverage is under C. I.C. or I. C. C(Institute Cargo Clauses,倫敦保險協(xié)會Institute of London Underw

42、riters制定的海運貨物保 險條款）. 2. What type of coverage is required, for example, F. P.A. or W. P. A. 3. Whether the insured amount is 110% of the invoice amount or more than that. 4. Whether insurance is in effect before the date of shipment, 5. The currency of the insurance shall be the same as the invoice

43、currency to avoid foreign exchange exposure.1) Who is going to arrange the insurance under the following price terms CIF, FOB and CFR? 2) Choose the Insurance Coverage The following factors should be taken into account for adopting insurance coverage : 1) The characteristics of the cargo; 2) The pac

44、king of the cargo; 3) The mode of transport;4) The line and port of transport; 5) The season of transport;6) Possible losses and damages in transit.What insurance cover would you choose for the following products?1) shoes2) Logs of wood.3) Wooden toys. 4) Heavy machinery5) Plywood6) Bicycles Probabl

45、y, you will give the following answers (1), (3), (4) and (6) would probably be insured against All Risks because they are prone to be damaged in transit. Most manufactured goods fall into this category. (2) would be insured against F.P.A., for while it could be lost it is not likely to be damaged. (

46、5) on the other hand would be insured against W.P.A. because it could be damaged in transit, but is less prone to be damaged than the finished products mentioned. 3) Insured Amount and Insurance Premium The insured amount the highest compensation amount undertaken by the insurer the foundation for c

47、alculating the insurance premium. usually calculated on the basis of the CIF invoice value plus 10% or 15 % representing an anticipated profit for the buyer. The formula for calculating the insured amount under CIF trade terms:Insured Amount = CIF price x ( 1 + markup percentage ) The insurance prem

48、ium the amount of money paid by the insured in order to make the insurance contract come into force the basic proceeds cared by the insurer usually calculated according to two kinds of rates: the general premium rate and the named cargo premium rate. The formula for calculating the premium under CIF

49、 trade terms:Insurance Premium = insured amount x premium rate = CIF price x ( 1+ markup percentage ) x premium rate 保險費= CIF價x（1 +投保加成率） 保險費率例如，某CIF合同價值為USD12000，投保一切險與戰(zhàn)爭險，費率分別為0.6%和0.4%，請問保險金額 和保險費各多少？Answer: Insured Amount: USD12000 x 110% = USD13200Insurance Premium: USD 13200 x (0.6%+0.4%) = US

50、D132關于投保加成 國外買方一般要將預期利潤和有關費用加入貨價內一并進行投保，以防貨物萬一遭損后，可從保險公司得到應有的賠償。這種在貨價之外的金額即為加成。一般按CIF價值加一成 (即10)。也可根據(jù)具體情況加二成或三成。不過如按二成三成加保，其保費的差額部分應由買方負擔，如國外要求超過三成時，應征求保險公司意見。在簽訂貿易合同時不能貿然接受。Insurance Documents Insurance Certificate 保險憑證Open Policy 預約保險單Insurance Policy保險單 4) Insurance Documents Combined Certificate

51、聯(lián)合憑證Endorsement批單4) Insurance Documents the evidence documents on the strength of which the insurance contract is signed by and between the insurer and the insured. Commonly used insurance documents in international trade: (1) Insurance policy: the mostly used insurance document. (2) Insurance certi

52、ficate: a simplified insurance document. The certificate carries the same contents as the insurance policy except for the obligations and rights of the insurer and the insured. (3) Combined certificate: the combination of the invoice and insurance policy, much simpler than the insurance certificate.

53、 It is not often used now. (4) Open policy: also known as open cover, the general contract between the insured (normally the importer) and the insurer, often used in import transactions in China. (5) Endorsement: After the insurance policy is issued, if the insured wants to add or change some items

54、of the policy, the insured can, with the insurance companys consent, apply for the addition and change. The document issued to state the additional items or changes is known as endorsement, which is considered an indispensable part to the policy.open policy 預約保單預約保單又稱“開口保單”、“敞口保單”，是保險公司承保被保險人在一定時期內發(fā)

55、運的，以CIF價格條件成交的出口貨物或以FOB CFR價格條件進口貨物的保險單。預約保險單載明保險貨物的范圍、承保險別、保險費率、每批運輸貨物的最高保險金額以及保險費的計算辦法。凡屬預約保單規(guī)定范圍內的貨物，一經起運保險合同即自動按預約保單上的承保條件生效，但要求投保人必須向保險人對每批貨物運輸發(fā)出起運通知書，也就是將每批貨物的名稱、數(shù)量、保險金額、運輸工具的種類和名稱、航程起訖點、開航或起運日期等通知保險人，保險人據(jù)此簽發(fā)正式的保險單證。預約保單主要適用于大量進出口貨物運輸保險。The insurance clause in a S/C should specify the insured

56、amount, and the risks to be covered by the insurer.1) In the contracts under FOB,CFR, FCA and CPT trade terms, the buyer is to arrange insurance and pay premium. In the contract regarding insurance，it can only stipulates:“ To be effected by the buyers”. Insurance Clause of the Contract2) In the CIF

57、or CIP contract, the insurance clause can stipulate： Insurance to be covered by the sellers for 110% of the total invoice value against all risks and war risks, as per Ocean Marine Cargo Clauses and Ocean Marine Cargo War Risks Clauses of the Peoples Insurance Company of China, dated 1/1 1981. More

58、examplesInsurance shall be effected for the amount of the sellers CIF invoice value plus 10% against W. P.A. Any additional insurance required by the buyer shall be at his own expense. The seller may insure against War Risk at the buyers request and at his expense. In case the rate of relevant insur

59、able premium shall be raised between the time of concluding contract and that of shipment, this excess premium shall be on the buyers account.Marine insurance to be effected by the seller against W.P.A. for CIF invoice amount plus ten percent only, any additional insurance required by the buyer shal

60、l be effected by him and at his own expense.The insurance should be effected by the buyer if the contract is concluded on FOB or CFR basis. However, the seller should, immediately after the goods are completely loaded at port of shipment, fax to notify the buyer of the consignee of the contract numb