张良卫国际海上运输第6章

1、Chapter SixCargo InsuranceCargo Insurance WHY NEED INSURANCEPerils of the sea海上风险Perils associated with Air shipment 空运风险Risks风险Cargo movementWater damage Overboard lossesJettison 投弃货物Fire SinkingStranding 搁浅TheftPiracy 海盗Natural calamities自然灾害Political factors Cargo movementTheftExposure to incleme

2、nt 严酷的weather Perils of the Sea: lPeril: The event that brings about a loss. E.G. a fire, collision, and a flood are perils. lJettison lCaptain of ship may throw freight overboard (or the fuel of an airplane), in an attempt to lighten the ship. Purpose is to save the ship and rest of cargo lstrandin

3、g lMechanical Breakdown, stormy weather, and incompetent crews are responsible for a significant number of grounded ships every year. Definition of insurancel“the insurant 投保人投保人enters with an insurance company into a contract of insurance(also call insurance policy保单保单) by paying an insurance premi

4、um保险费保险费, and the insurance company will, according to the terms indicated in the insurance policy, indemnify 补偿the insurant of any loss that occurs within the scope of coverage”.Definition of marine cargo insurance -the insurance of property as it moves from place to place. This includes transport

5、by land, sea and air. Parties involved in an insurance practicelthe insurant / insured/assured 投保人投保人(被保险人被保险人)lThe party that buys insurance lCan be either the exporter or importer depending on the incoterms国际贸易术语adopted in transactionlthe insurer 保险人lThe party undertaking to indemnify the insurant

6、 against losses or damages (the insurance company 保险公司)lthe claimant受保人受保人/索偿人索偿人lDecided by who has the insurable interest of the goods damaged or lostFundamental principleslThe insurable interest principle 可保利益原则lThe utmost good faith principle最大诚信原则lThe indemnity principle 损害补偿原则The insurable int

7、erest principlelInsurance contract is legally binding only if insured has interest in subject matter of insurance and that interest is insurable. lAn insurance policy 保单without insurable interest is invalidlIn cargo insurance , the interest passes with the documents. lwe know who has an interest in

8、the cargo at any particular point of time according to the terms of sale (the incoterm we use)lFor example , with CIF, if the cargo lost at sea, which party has the insurable interest?p122lAnswer : the importer ,because the point the risk shifts is on board the ship at the named port of loading, as

9、such the insurable interest transfers from the exporter to the importer at the time the goods pass over the ships rail.lIn the trade terms DDU and DDP, when will the insurable interest transfer from the exporter to the importer ? l(DDU and DDP: delievery take place when the exportor places the goods

10、 at the disposal of the importer in the city of delivery mentioned in the incoterm )Duration of Basic Insurancelusually follows Warehouse to Warehouse Clause (W/W Clause)lFrom the time the goods insured leave the warehouse named in the Policy for the commencement of the transitlUntil the insured goo

11、ds are delivered to the consignees final warehouse at the destination named in the PolicylLimited to 60 days after completion of discharge of the insured goods from the seagoing vessel at the final port of discharge before they reach the above mentioned warehouse Answer : lIn the trade terms DDU and

12、 DDP, the exporter is responsible for the risks up to the delivery of goods to the final point at destination (the project site or importers premises usually), as such the insurable interest in the goods does not transfer from the exporter to the importer in the shipment. lExporter selling the goods

13、 under FCA Terms, the importer buy insurance in the importing country . The exportor ships the goods without evidence of coverage, as the responsibility shifts to importer as soon as the goods are in the carriers carel But goods damaged in transit. The importer refuse the paymentlDoes exporter has a

14、n insurable interest? lyesTerms of SalelTerms of sale for international shipments are commonly referred to as Incoterms.lUse is not mandatory, but generally accepted by legal authorities, buyers, and sellers worldwidelBegin with the letters C,D, E, or F 14-15Terms of SaleIncoterms 2000lEX-Works (EXW

15、)lFCA (Free Carrier)lFAS (Free Alongside Ship)lFOB (Free on Board)lCFR (Cost and Freight)lCPT (Carriage Paid To)lCIF (Cost, Insurance, and Freight)lCIP (Carriage and Insurance Paid To)lDES (Delivered Ex Ship)lDEQ (Delivered Ex Quay)lDAF (Delivered at Frontier)lDDP (Delivered Duty Paid)lDDU (Delivere

16、d Duty Unpaid)14-16The Utmost good faith 最大诚信原则最大诚信原则lBoth parties be faithful and honest in entering into the insurance contractlInsurant shall expose all important facts influencing the judgment and evaluation by the insurer to the perilslthe people who decide what premium is fair to a particular

17、cover do so on the basis of the cargo information The indemnity principle损害补偿原则损害补偿原则Contract of insurance is to restores a person who suffered a loss into the same position as he was in before the loss occurred. lMeans of effecting indemnity l replacement the ships or goods lost or damagedlCompensa

18、ted by amount of money equal to the value of the goods lost or damaged lExtent of indemnity: total indemnification be limited tolthe insurance amount: 110% of the insured valuelthe actual loss suffered Marine LossesTotal loss全部损失Partial loss部分损失Losses损失Actual total loss实际全损Constructive total loss推定全

19、损General average共同海损Particular average单独海损Average= damage to a ship or its cargoMarine LosseslTwo types of losseslTotal Loss : loss of the entire value of the subject matter: cargo has been totally lost or has been damaged to the extent that it has lost its original usage： cargo is not totally lost,

20、 but the actual total loss shall be unavoidable or the restoration fees together with other miscellaneous 混杂的expenses will exceed the anticipated amount of profit when cargo is delivered to the destination as arranged originally. Marine LosseslPartial Loss: a partial damage to or the total loss of p

21、art of the insured cargo. (单独海损)a partial loss of the subject matter insured caused directly by a peril insured against, No other cargo sacrificed to save the voyageThe owner who suffered the damage refer to the insurance company provided his policy covers the specific loss. (共同海损) lWhat is general

22、average ? (共同海损共同海损) lA general loss affecting all parties in an ocean voyage. lBase on principal that ship owners and cargo owners all share goal of successful completion of voyage, therefore, all share in the risk and costslFor example , a portion of cargo is jettisoned to save the ship during a b

23、ig storm lOwners of goods that arrive safely have a _ toward owners of goods that did not arrive. Conditions for general averagenDanger threatening common safety materially exists, not foreseen. nMeasures taken shall be aimed to remove the common danger of both vessel and cargo and shall be undertak

24、en deliberately & reasonably for common interestnSacrifice shall not be caused by perils directly nsacrifice is specialized & expenses are additionalnActions shall be successful in saving the voyage The party suffering G.A. is entitled to a ratable,按比例的按比例的contribution from the other parties

25、 interested. Two kinds of general average loss: - Sacrifice of part of the vessel or cargo - cost of salvage 救助救助operation Loss & expenses shall be shared among carrier and cargo owners in proportion to their respective interested value benefited from the G.A.G.A. Contribution (共同海损分摊共同海损分摊) : E

26、xample lBulk cargo ship vauled at $1,070,000 strand in shallow water lWith iron ore vauled at $100,000 l and coal vauled at $80,000lTo save the shiplCargo Jettisoned : iron ore vauled $10,000 lSalvage operation cost: A tug 拖船charged $45,000l Ship repair $20,000The ration of the loss l (10,000+45,000

27、+20,000)l(1,070,000+100,000+80,000)lThe shipper of iron ore has a liability of 100,000*6%=6000 collect 10,000-6,000=4,000lThe shipper of coal has a liability of 80,000*6%=4,800 pay 4,800lThe shipping company has a liability of 1,070,000*6%=64,200 lcollect 45,000+20,000-64,200=800 = 6%Different types

28、 of marine insuranceslMarine cargo insurance 货运险lHull insurance 船舶险lProtection and indemnity 责任险Marine Cargo Insurance货物险货物险: lOpen Policy 预约保单预约保单(预约协议预约协议)an insurance contract with which a firm insures every international shipment it makes for a fixed period of time (eg. 6-12 months) lSpecial car

29、go policy单独保单单独保单 an individual policy for a specific shipmentlAllow a firm to specifically purchase coverage that pertains 有关best to a shipment l Hull insurance船舶险船舶险 covers ship owners risk against damage of loss of ship Insurance rate depends on the class of a shipHull insurance is effectively pa

30、id indirectly by the cargo owners, as the cost of the insurance is included in the freight rates quoted. lProtection and indemnity责任险责任险 protection against liability to other parties when ship sinks or is damaged, from the past decade, it has meant liability for oil spills.Coverage of marine cargo i

31、nsurancelp244Uninsurable risk lImproper packing lInherent vice 固有瑕疵 natural tendency of product to decay E.G. steel pdts will exhibit surface rust lOrdinary leakage 正常漏损such as wool will lose some weight(moisture content decreases); petroleum oil transported will partially evaporate lUnseaworthy ves

32、sel lNuclear war Coverage of marine cargo insurancelInstitute (Marine) Cargo Clauses- ICC A, B, or C 协会货物条款协会货物条款lChina Insurance Clause(CIC)(中国保险条款) All-risks一切险一切险, with particular average水渍险水渍险, free of particular average平安险平安险 lICC (A)协会货物条款（协会货物条款（A）-All-risks lICC (B)协会货物条款（协会货物条款（B）-with part

33、icular averagelICC (C) 协会货物条款（协会货物条款（C）-free of particular average Coverage of marine cargo insurancelTwo types of marine cargo insurance scopelBasic coveragelFPA (Free from Particular Average) 平安险lWPA (With Particular Average) 水渍险lA.R. (All Risks) 一切险lAdditional coveragelFeatures Can not be covered

34、 independentlyShould go with FPA or WPABasic Insurance coverage of CIClNatural calamitiesCaused by force majeure events such as heavy weather , lightening, Tsunami, volcanic eruption, thunderbolt , etc.lUnexpected accidents/fortuitous accidents 意外事故意外事故Caused by accidents such as fire, explosion, ve

35、ssel being stranded , grounded, sunk or capsized, collision, missing, etc. l1.某外贸公司按某外贸公司按ClF术语出口一批货物，装运术语出口一批货物，装运前已向保险公司按发票总值前已向保险公司按发票总值110%投保平安险。投保平安险。载货船舶于载货船舶于6月月13日在海上遇到暴风雨，致使日在海上遇到暴风雨，致使一部分货物受到水渍，损失价值为一部分货物受到水渍，损失价值为2100美元。美元。l 讨论：保险公司对该批货物的损失是否赔偿讨论：保险公司对该批货物的损失是否赔偿?为什么为什么? l投保平安险，判断下列情况下能否获

36、得赔偿？投保平安险，判断下列情况下能否获得赔偿？ l（1）载货船舶触礁，海水涌进船舱，将）载货船舶触礁，海水涌进船舱，将A商的商的5 000公吨货物浸泡公吨货物浸泡2 000公吨。公吨。l（2）载货船舶遭遇恶劣天气，海水涌进船舱，将）载货船舶遭遇恶劣天气，海水涌进船舱，将B商商6 000公吨货物浸泡公吨货物浸泡3 000公吨。公吨。l（3）载货船舶遭遇恶劣天气，海水涌进船舱，将）载货船舶遭遇恶劣天气，海水涌进船舱，将C商商6 000公吨货物全部浸泡。公吨货物全部浸泡。l（4）载货船舶遭遇恶劣天气，海水涌进船舱，将）载货船舶遭遇恶劣天气，海水涌进船舱，将D商的商的6 000公吨货物，浸泡公吨货物

37、，浸泡3 000公吨之后又触礁，海公吨之后又触礁，海水涌进船舱，货物又被浸泡水涌进船舱，货物又被浸泡1 000公吨。公吨。Additional Insurance CoveragelTypes of additional coverageGeneral additional coverage 一般附加险 (11 types)TPND (Theft, Pilferage and Non-delivery) 偷窃提货不着险Fresh Water Rain Damage 淡水雨淋险Risk of Shortage 短量险Risk of Intermixture and Contamination 混

38、杂沾污险Risk of Leakage 渗漏险Risk of Clash and Breakage 碰损破碎险Risk of Odor 串味险Damage caused by Heating and Sweating 受热受潮险Hook Damage 勾损险Risk of Rust 生锈险Loss for Damage Caused by Breakage of Packing 包装破裂险 Additional Insurance CoveragelTypes of additional coverageSpecial additional coverage 特殊附加险 (8 types )W

39、ar Risk战争险Strikes, Riots & Commotions (S.R.C.C.)罢工民变险Failure to Delivery Risk交货不到险Import Duty Risk进口关税险On Deck Risk舱面风险Rejection Risk拒收险Aflatoxin Risk黄曲霉素险Fire risk extension clause for storage of cargo at destination Hongkong, including Lowloon or Macao 出口货物到香港（包括九龙在内）或澳门在存仓火险责任扩张险Procedures of

40、 cargo insurancel1. To calculate the insurance amountl2. To determine the insurance coveragel3. To obtain the insurance premium ratel4. To apply for marine insurance and pay the insurance premiuml5. To obtain an insurance documentl6. To lodge an insurance claim at the time of loss or damage Procedur

41、es of cargo insurancel1. To calculate the insurance amountlInsurance amount: the amount of insurance indicated in the insurance policy and agreed upon by the insurant and the insurerlIs the highest amount of indemnity by the insurer in the case of total losslThe basis for the calculation of insuranc

42、e premiumlInsurance amount = CIF (CIP) (1+ markup rate加成率) lMarkup covers the expected profit and incidental costs incurred. lMarkup rate is normally 10%Procedures of cargo insurancel2. To determine the insurance coveragelUnder CIF&CIP, min. FPAl3. To obtain the insurance premium ratelDepending

43、on factors such as the carrying vessel, nature of the packing used, type of coverage needed, previous experience with the insured, the nature and volume of the goods insured and the modes of transportation adopted. Procedures of cargo insurancel4. To apply for marine insurance and pay the insurance

44、premiumlInsurance Premium (I)= Insurance amount premium rate (R) = CIF(CIP) (1+ markup rate) premium rate (R) l5. To obtain an insurance document-Insurance policy l6. To lodge an insurance claim at the time of loss or damage Insurance documentslInsurance policy 保险单lFormal legal document, contractlIn

45、surance policy lDetails indicated on the face of the policy:lthe name, address and signature of the insurer and the insuredla description of the risks covered and the insurance durationla description of the consignment ldetails of the shipment such as means of transport, name of vessel, loading port

46、 and destination portlthe insurance amount (and insurance premium)lDetailed terms concerning the scope of liability, rights and obligations specified at the back Cargo Insurance ClaimslConditionslRisks incurred should be within insurance coveragelClaimant should show the evidence of insurable intere

47、stlRisks should occur within the duration of the insurance liabilitylDocuments required in an insurance claimlThe original policy or certificate of insurancelThe commercial invoice issued to the buyerlThe original bill of lading or other transport documentlPacking listlCertificate of loss/survey: The survey report or other documentary evidence detailing the loss or damage incurredlMasters protest for salvage loss, particular average in goods, or total loss of goodsl