2005世界海上保險(xiǎn)市場(chǎng)狀況綜述.ppt

1、Lecture Seven Ocean Cargo Insurance,L.7: Ocean Cargo Insurance,7.1 Introduction 7.2 Cargo Insurance defined 7.3 Insurance Coverage under PICC Clause and ICC,7.1 Introduction,In this session, we will discuss on cargo insurance, mostly the cargo insurance clauses published both by PICC 1981 and ICC 19

2、82. With the developing process of Chinas insurance market, more and more international traders like to choose ICC that has been widely used in many countries.,Understanding Cargo insurance,Cargo Insurance - Insufficiency of Packing Rainbow Technicoloured Wood Veneer Ltd. v The Canmar Conquest et al

3、., (June 28, 2000) No. T-2580-97 (F.C.T.D.), 2000 F.C.J. No. 1032 This was an action by the Plaintiff against its cargo insurer for damage to a guillotine press in an amount in excess of $100,000.00. The Defendant insurer argued that coverage was excluded by clause 4.3 of the Institute Cargo Clauses

4、 (A) in that the press was insufficiently packed and prepared for shipment. The Court reviewed the evidence of the surveyors, all of whom gave the opinion that the securing of the press in the container was inadequate, and dismissed the action.,All Risks Coverage - Wear and TearBevan v Gartside Mari

5、ne Engines Ltd. et al., 2000 B.C.J. No. 528 (B.C. Prov. Ct.),This was an action against a repairer and an insurer under an all risks policy for damage caused when a transmission overheated. The Plaintiff alleged that the repairer had been negligent in performing prior repairs to the trolling valve c

6、ontrol linkage. The Plaintiff further alleged that the damage was covered by his all risks policy. The repairer denied negligence and the insurer defended on the basis of an exclusion in the policy excluding liability for damage caused by wear and tear and mechanical breakdown.,The Court found that

7、there could have been multiple causes of the transmission failure including pre-existing damage, wear and tear and improper use of the trolling gear by the Plaintiff or previous owners. As a result, the Court held that negligence on the part of the repairer had not been proven. With respect to the c

8、laim against the insurer, the Court noted that there are limits to the coverage afforded by an all risks policy and that the Plaintiff was required to prove that the cause of the transmission failure was due to a casualty. The Court held that the Plaintiff had not proven that the loss was due to a c

9、asualty and coverage was denied.,1、2005世界海上保險(xiǎn)市場(chǎng)狀況綜述 2、英國(guó)1906年海上保險(xiǎn)法原文全文 http:/www.jus.uio.no/lm/england.marine.insurance.act.1906/doc 3、英國(guó)倫敦協(xié)會(huì)貨運(yùn)險(xiǎn)標(biāo)準(zhǔn)條款（A、B、C）原文 http:/www.jus.uio.no/lm/mercial.law/insurance.html#Cargo 4、保賠協(xié)會(huì)、保險(xiǎn)經(jīng)紀(jì)人、海損理算師等機(jī)構(gòu)信息 ,7.2 Cargo Insurance defined,7.2.1 Cargo defined 7.2.2 Partie

10、s involved 7.2.3 Policy classification,7.2.1 Cargo defined,cargoes in the nature of merchandise (not include personal effects or provision and stores for use on board) cargoes on exhibitions, aid purpose, etc.,Policy liabilities period single voyage multi voyage warehouse to warehouse,7.2.2 Parties

11、involved (except insurer),seller cargo owner consignee carrier bank,Shipper,carrier,consignee,Cargo insurer,Bank,bank,7.2.3 Classifications,Policy period-Voyage policy single voyage multi voyage warehouse to warehouse,7.3 Insurance Coverage -under PICC Clause and ICC,7.3.1 PICC Clause 7.3.2 ICC Clau

12、se 7.3.3 Practices,The coverage in cargo insurance policy can be show in the different clauses and different scope of insured perils and losses. There are PICC Coverage (Clause 1981) and ICC Coverage (1982) on Cargo insurance that be chosen by the insured in China.,7.3.1 PICC Clause,different classi

13、fication of insured coverage basic coverage free from particular average(F.P.A) with average(W.A) all risks supplemental coverage general standard unusual cases special coverage,Basic coverage-FPA insured perils natural calamities probably occurred during the voyage; accidents on the seas insured da

14、mages or losses Generally the total loss Partial loss under the certain circumstances costs or charges insured against Special costs General average costs Salvage charges BBCC cost,Insured damages or losses under F.P.A generally the total loss partial losses in the following cases: directly caused b

15、y the ships accident sailing on the seas; firstly suffered the accident, then the natural calamity; partial losses resulting in any accidents occurred during the process of loading, discharging and transshipment.,Cargo Loss,Total Loss,Partial Loss,Actual Total Loss,Constructive total loss,General av

16、erage,Particular average,13. (M.I.A 1906) No claim for Constructive Total Loss shall be recoverable hereunder unless the subject-matter insured is reasonably abandoned either on account of its actual total loss appearing to be unavoidable or because the cost of recovering, reconditioning and forward

17、ing the subject-matter to the destination to which it is insured would exceed its value on arrival.,Costs or charges insured against(F.P.A) special costs and charges; sue and labor charge; general average sacrifice, contribution, salvage charge; reimbursement to the carrier resulting in BBCC Clause.

18、,Basic coverage - WA Insured perils: natural calamities probably occurred during the voyage accidents on the seas Insured damages or losses coverage under FPA, plus losses and damages directly caused by the natural calamities on the seas,Basic coverage - All Risks Insured perils: natural calamities

19、accidents on the seas other perils out of the seas Insured damages or losses: coverage under WA, plus Total or partial losses and damages directly caused by perils on the seas and lands,Free From Particular Average,All Risks coverage,With Average,Loss or damage also caused by other P. (11),Natural c

20、alamities of the sea Accidents on the seas,Supplemental coverage,Supplemental perils insured against Normal perils out of the seas (11) unusual perils out of the seas (6) special risks (2) relationships All risks coverage=WA + Partial loss caused by natural calamities + Normal perils (11) FPA=total

21、loss,Possible coverage: Under the FPA, it is possible to select one or some of the listed normal perils: FPA + one or some of the listed normal perils Under the WA, it is also possible to select one or some of the listed normal perils: WA + one or some of the listed normal perils Get “All risks”, au

22、tomatically have the following coverage WA Partial loss caused by natural calamities Normal perils (11),Steel in bulk carried on the ship: Just get “WA” + “short of discharging or quantities” or “pilferage and theft” Rice, easily go moldy Get “all risks” coverage + “moldy risks” ( unusual perils 6)

23、Cargo of Silk, wool, cotton, etc. Just Get “all risks” as basic coverage Iron, Just get “FPA” as basic coverage Second-hand car or machines, Just get “WA” as basic coverage,Exemptions under the PICC Clause: Any losses or damages to the cargo caused by the following reasons will not be covered by the

24、 cargo insurer: privity of the insured; caused by the shipper; already existed before the insured coverage started; wear and tear, latent defect, market and delayed losses or damage to the cargo; coverage contained in War and Strike Clauses.,Time period of insurance coverage Warehouse to warehouse(W

25、/W) W/W under Normal transportation final warehouse; other places that be specified in the policy; 60 days grace period.,DURATION 8. 8.1 This insurance attaches from the time the goods leave the warehouse or place of storage at the place named herein for the commencement of the transit, continues du

26、ring the ordinary course of transit and terminates either 8.1.1 on delivery to the Consignees or other final warehouse or place of storage at the destination named herein, 8.1.2 on delivery to any other warehouse or place of storage, whether prior to or at the destination named herein, which the Ass

27、ured elect to use either for storage other than in the ordinary course of transit or for allocation or distribution, or 8.1.3 on the expiry of 60 days after completion of discharge overside of the goods hereby insured from the oversea vessel at the final port of discharge, whichever

28、shall first occur.,Duration of risks coverage Sellers risks Buyers risks duration of carriers liability 60 days duration of ins. coverage duration of ins. coverage 60 days,W/S,W/B,Loading vessel,Loading vessel,P/Dist.,W/W under the unusual cases: from the time when the cargo be sold in the port othe

29、r than in the said destination; the same as that in the above cases under the condition that the cargo be transshipped to the specified port of discharge in 60 days start from the time of finishing discharging in that special port.,8.3(M.I.A 1906 ) This insurance shall remain in force (subject to te

30、rmination as provided for above and to the provisions of Clause 9 below) during delay beyond the control of the Assured, any deviation, forced discharge, reshipment or transhipment and during any variation of the adventure arising from the exercise of a liberty granted to shipowners or charterers un

31、der the contract of affreightment.,9. (M.I.A 1906 ) If owing to circumstances beyond the control of the Assured either the contract of carriage is terminated at a port or place other than the destination named therein or the transit is otherwise terminated before delivery of the goods as provided fo

32、r in Clause 8 above, then this insurance shall also terminate unless prompt notice is given to the Underwriters and continuation of cover is requested when the insurance shall remain in force, subject to an additional premium if required by the Underwriters, either 9.1 until the goods are sold and d

33、elivered at such port or place, or, unless otherwise specially agreed, until the expiry of 60 days after arrival of the goods hereby insured at such port or place, whichever shall first occur, or,9.2 if the goods are forwarded within the said period of 60 days (or any agreed extension thereof) to th

34、e destination named herein or to any other destination, until terminated in accordance with the provisions of Clause 8 above. 10. Where, after attachment of this insurance, the destination is changed by the Assured, held covered at a premium and on conditions to be arranged subject to prompt notice

35、being given to the Underwriters.,Duties of the cargo insured: collecting the cargo on time; sue and labor activities involved; disclosing any changes; providing documents; informing insurer about any claims resulting in BBCC Clause contained in the contract of affreightment.,7.3.2 ICCRisks and losse

36、s covered,Clause C: Loss of or damage to cargo attributable to: fire or explosion, vessel or craft being stranded grounded sunk or capsized, etc. Loss of or damage to cargo caused by: G.A.S, Jettison； G.A. sacrifice Salvage charges； BBCC indemnity,Clause B: those in Clause C，plus earthquake volcanic

37、 eruption or lightning,(1.1.6) entry of sea lake or river water into vessel(1.2.3) Partially total loss (1.3) Clause A (All risks): those in Clause B and C, plus deliberate damage to or deliberate destruction(4.7),7.3.3 Practical exercises,Whether the shipowner will or will not be responsible for th

38、e cargo damages resulting in the fact that, under a voyage policy, the ship is rendered unseaworthy prior to the commencement of the voyage by the negligent act of a member of the crew?,Whether the cargo insurer will cover the loss or damage attribute to fruit becoming rotten, wine turning sour owin

39、g to internal decomposition and not as a consequence of a peril insured against?,Cargo damage by the ships sweat, not the direct result of a peril of the seas, is recoverable under the words “all other perils” Whether the cargo insurer cover the cargo damages caused by the leakage due to the unprope

40、r stowage and the defect of the vessel during the voyage.,Essential features which must be present in order to give rise to general average contribution. losses which give rise to “General Average contribution” are: sacrifices of property and expenditures. losses which give rise to “General Average

41、contribution” should be of following features: the common adventure must be in peril; the sacrifice must be voluntarily act on the part of man as opposed to an accidental loss by maritime peril;,those losses must reasonably made; those losses must be extraordinary in its nature and not one which is

42、necessarily involved in performance of the contract of affreightment; the object of the sacrifice or expenditure must be nothing other, or less, than the preservation of the property imperilled in the common adventure. It must not be for the safety of the ship alone, or of the cargo alone, nor merel

43、y for the completion of the adventure.,the loss must be the direct result, or the reasonable consequence of, a general average act. In the case of jettison, if water gets into the hold during the act of jettison, the damage caused to cargo by the water is allowable in general average equally with th

44、e value of the cargo jettisoned. (Because the risk of incurring such damage, or the likelihood of its happening, would have been present in the minds of those who resolved to make the primary sacrifice.),Lecture Eight: Hull Insurance,Marine Insurance Course Session VIII: Hull Insurance,8.1 Introduct

45、ion 8.2 Hull Insurance defined 8.3 Insurance Coverage under PICC Clause, ITC-Hull, and IHC,8.1 Introduction,In this session, you are required to get to know and understanding about : Hull insurance, the subject matter insured; the coverage conditions under the hull insurance clauses under the PICC 1

46、981 and ICC1995. Hull insurance practice,The fact is that, With the developing process of Chinas insurance market, more and more ship owners like to choose ICC that has been widely used in many countries. The ICC has already been raised the applied level, its name has been adjusted to International

47、Hull Clause (IHC) You need to get a general knowledge about the newly adjusted clause of IHC,8.2 Hull Insurance defined,8.2.1 Insured Vessel defined 8.2.2 Parties involved 8.2.3 Policy classification,8.2.1 Vessel defined,vessels that be put to use in international shipping; vessels that should be sa

48、iled on the seas or the waters (include inland waters); Vessels that include hull, engines, equipments, lifeboats, etc.,8.2.2 Parties involved,Shipowner (master, officer, crew or pilots are not be considered owners); charterers, operating companies, etc. Shipowner hull underwriter Operator Charterer

49、,The Insured vessel,cargo owner / cargo insurer,8.2.3 Policy classification,Generally, time policy Special cases voyage policy,8.3 Insurance Coverage,8.3.1 PICC Hull Clause (1986) 8.3.2 ITC-Hulls (1983) 8.3.3 IHC Clause (2002) 8.3.4 Practices,8.3.1 PICC Hull Clause,Basic coverage total loss coverage

50、 all risks coverage Special coverage War risks strikes,Basic coverage under the PICC hull policy All the basic coverage cover the same risks, which include: perils of and on the sea risks of negligent pollution hazard,Perils of and on the sea: earthquake, volcanic eruption or lightning violent theft

51、 and piracy by persons from outside the vessel; fire and explosion grounding, stranding, collision jettison accidents caused by nuclear equipment or fission accidents in loading, discharging, or shifting cargo of fuel.,Risks of negligent: bursting of boilers and breakage of shafts latent defect in t

52、he machinery or hull negligence of Master Office Crew Pilots, repairers, or charterers Pollution hazard: act of governmental authority,Total loss coverage total loss or damage to the insured vessel caused by the above three types of insured perils; All risks coverage total and partial loss or damage to the ship caused by the above three types of insured perils, plus collision liability coverage; general average and salvage; sue and labour charge.,Collision liability-indemnif