国贸国际货物运输保险条例课件

1、Ocean Marine Cargo InsuranceOverviewInsurance is a contract whereby one party, in consideration of a premium paid, undertakes to indemnify(赔偿) the other party against loss from certain perils or risks to which the subject matter insured may be exposed to. Ocean marine insurance covers ships and thei

2、r cargoes, both on the d waterways high seas(远海) and on inland waterways. 1. NEED FOR INSURANCEExporters and importers face all the time uncertainties of loss of their goods. Insurance is used to protect their financial interests against such risks and actual losses. 2. COVERAGE OF OCEAN MARINE INSU

3、RANCEBy purchasing insurance, the assured(被保险人) protects his financial interests against three things: the risk of loss, the actual loss and the expenses incurred to avoid or reduce loss. Two types of risks are covered by ocean marine insurance. 1) Risks2) Loses Ocean marine insurance covers two typ

4、es of losses, partial loss and total loss.3) ExpensesOcean marine insurance also covers some expenses incurred in reducing the loss of the subject matter insured either by the assured himself or a party other than the insurer and/or the assured. This encourages efforts to save the subject matter ins

5、ured.Scope of Insurance Coverage 保险险别是指保险人对风险和损失的承保责任范围。在保险业务中，各种险别的承保责任是通过各种不同的保险条款规定的。China Insurance Clauses，CIC 中国人民保险公司制定的“中国保险条款” Institute Cargo Clauses，ICC 英国伦敦保险协会制定的“协会货物保险条款”CIC “中国保险条款”1、基本险别 FPA （Free from Particular Average，平安险 ） WA或WPA（With Particular Average，水渍险） All Risks （一切险） 2、附加

6、险别 一般附加险 特殊附加险ICC 英国“协会货物保险条款” 协会货物条款（A） 协会货物条款（B） 协会货物条款（C） 协会战争险条款 协会罢工险条款 恶意损害险条款附加险别3. FUNDAMENTAL PRINCIPLES OF CARGO INSURANCE1) Insurable interest2) Utmost good faith3) Indemnity4) Proximate cause and principle of subrogation1) Insurable interest(可保利益)Insurable means the person insuring must

7、have the absolute ownership of the subject matter insured. Interest means that the person insuring must be the one who stands to bear some financial loss if the risk materializes. the concept of lost or not lost.2) Utmost good faithThis principle requires both the assured and insurer to deal with ea

8、ch other with the highest standard of honesty.Insurance is an exception. In insurance, both the assured and the insurer are placed under an obligation to deal with each other in utmost good faith. If one party fails to observe this principle, the contract can be annulled by the other party. 3) Indem

9、nityThis concept is concerned with the value of compensation. It is the principle that the assured cannot recover more than his actual loss as the objective of insurance is only to provide compensation for the loss suffered by the assured. The practical way of concluding marine insurance is on the b

10、asis of agreed value. The reason is that it is hard to arrive at the value of the lost property if the loss occurs at the sea. The figure of compensation provides an approximation but not exact indemnity for the assured depending on where the loss occurs, how market fluctuates and if the subject mat

11、ter insured is undervalued or overvalued. 4) Proximate cause and principle of subrogationProximate cause refers to the first peril in a chain of events that results in a loss. This concept concerns solely with establishing the actual cause of loss of or damage to cargo in order to reduce the underwr

12、iters liability to within tolerable limits. It depends on a courts interpretation of the facts in the case.4. MAIN CATEGORIES OF GENERAL CARGO INSURANCE1) Free from Particular Average (FPA) of China Insurance Clauses (CIC, effective January 1, 1981)2) With Average/With Particular Average (WA/WPA) of

13、 CIC3) All Risks (AR) of CIC4) Special additional coverage5) Exclusions of insurance policy1) Free from Particular Average (FPA) of China Insurance Clauses (CIC, effective January 1, 1981)Before going to FPA(平安险 ), average terms need to be explained. The word average has a special meaning in cargo i

14、nsurance. It means partial loss or non-total loss to a ship or cargo, and partial loss in turn means total loss of part of the insured cargo or damage to all or part of the Insured cargo.Policy Written for FPA Conditions Loss Caused By or Resulting From:Partial Loss Coverage Total Loss Coverage 1. H

15、eavy weather, lightning, barratry of the Master or Mariners, assailing thieves except: While on deck, if a direct result of stranding, sinking, burning, fire or collision While under deck, if the vessel strands or is burnt during the insured voyage or if loss or damage can reasonably be attributable

16、 to fire or collision Not Covered Covered Covered Covered Covered Covered 2. Fire or explosion CoveredCovered 3. Vessel or craft being stranded, sunk or burnt Covered Covered 4. Collision or upset to an air or land conveyance Covered Covered 5. Collision or contact of a water borne conveyance with a

17、ny external object (ice included) other than water Covered Covered Particular average(单独海损 ) means a loss that is borne solely by the owner of the lost property (ship or cargo)general average(共同海损 ) means a sacrifice made for the common safety of both the cargo and the ship. Partial damage of cargo

18、by sea water is2) With Average/With Particular Average (WA/WPA) of CICWA(水渍险) provides cover against all loss or damage due to marine perils or perils of the sea including partial loss or damage throughout the duration of the policy. This coverage provides protection against damage from sea water ca

19、used by heavy weather.ICC (B) has the same coverage plus damage of package during loading and/or unloading.ICC (B) and (C) provide cover against specified risks only.3) All Risks (AR) of CICBesides the risks covered by FPA and WA, All Risks(一切险) also provides cover against some extraneous risks of l

20、oss or damage (eg, theft, pilferage and non-delivery, fresh water rain damage, risk of shortage, risk of intermixture and contamination, leakage risk, clashing and breakage risk, hook damage, loss and/or damage by breakage of packing, rusting risk). Typical exclusions in an “ALL-RISK” Policy are: 1.

21、Improper packing 2.Abandonment of cargo 3.Rejection of goods by customs 4.Failure to pay or collect accounts 5. Inherent vice (infestation or loss due to the nature of product itself) 6.Employee conversion or dishonesty 7. Losses due to delay or loss of market 8.Losses in excess of policy limits 9.

22、Losses at port city more than 15 days after discharge of cargo 10. Losses inland more than 30 days after discharge of cargo 11. Losses in South America more than 60 days after discharge of cargo 12. Barge shipments 13. Goods subject to an on-deck bill of lading 14. Losses caused by temperature or pr

23、essure (air shipments) 15. Failure to notify air carrier of preliminary loss in timely fashion: a. Obvious damage 7 days b. Hidden damage 14 days c. Non-delivery 120 days 16. Used goods 4) Special additional coverageBesides the above categories of coverage, both CIC and ICC have some additional cove

24、rage, both CIC and ICC have some additional coverages. 除外责任 所谓除外责任（Exclusion），是指保险公司明确规定不予承保的损失或费用。按照中国保险条款，对于上述三种基本险别，保险公司有以下除外责任： 被保险人的故意行为或过失所造成的损失。 属于发货人责任所引起的损失。 在保险责任开始前，被保险货物已存在的品质不良或数量短差所造成的损失。 被保险货物的自然损耗、本质缺陷、特性以及市价跌落、运输延迟所引起的损失或费用。 本公司海洋运输货物战争险条款和货物运输罢工险条款规定的责任范围和除外责任。5) Exclusions of insu

25、rance policyInsurance policies have excluded the coverage against some risks. These exclusions are the loss or damage by risks such as inherent vice or deterioration, insufficient or unsuitable packing, delay and loss of market, etc.5. CHOICE OF THE RIGHT COVERAGEExporters cannot get whatever covera

26、ge they want from the insurance company. Even if they can, subject matters should be insured in the appropriate category. Experienced exporters know the losses they expect. The insurance should be both economical and effective.6. INSTITUTE OF LONDON UNDERWRITERS AND INSTITUTE TRANSIT CLAUSEInstitute

27、 of London Underwriters(承保人) is a professional organization founded in 1884 representing the interests of underwriters. Its Technical and Clause Committee has produced and will continue to produce special clauses, institute clauses, which are widely used. Institute Transit Clause covers the goods fr

28、om the time they leave the warehouse named in the policy, continues while goods are in transit and terminates either when the goods reach their final warehouse or on the expiry of 60 days after discharge overside from the overseas vessel whichever is earlier. 国际货物买卖合同中的保险条款包括： 保险投保人的约定 保险公司和保险条款的约定

29、保险险别的约定 保险金额的约定 保险费的计算例，CIF合同保险条款： 保险：“保险由卖方按照发票金额的110投保一切险、战争险，以中国人民保险公司1981年1月1日的有关海洋运输货物保险条款为准。”Insurance: To be covered by the seller for 110% of total invoice value against All Risks and War Risks, as per and subject to the relevant ocean marine cargo clause of Peoples Insurance Company of Chin

30、a edited 1981.1.1.保险投保人的约定：根据买卖双方约定的交货条件和所使用的贸易术语 由买方投保的合同有： EXW FCA FAS FOB CFR CPT由卖方投保的合同有： CIF CIP DAF DES DEQ DDU DDP保险公司和保险条款的约定： 在按CIF或CIP条件成交时，因投保由卖方办理，但保险公司资信情况却与买方有着重大关系，因此，保险公司和所采用的保险条款一般由买方在合同中限定。 目前，我国通常采用中国人民保险公司1981年1月1日生效的货物运输保险条款为依据。但有时国外客户要求按照英国伦敦保险业协会货物保险条款（ICC Clause）为准，我方也可以通融接受

31、。7. MAJOR TYPES OF POLICY1) Time policy2) Voyage policy3) Mixed policy4) Floating policy5) Open policy1) Time policyA time policy is one that runs for a period of time usually not exceeding 12 months. 2) Voyage policyThis is a policy that operates for the period of the voyage. For cargo, the cover i

32、s from warehouse to warehouse. The policy will not apply if the actual voyage and/or ports are different from those in the policy.3) Mixed policyThis is a policy that covers the subject matter for the voyage within a time period. It is used to cover the cargo from warehouse to warehouse with a time

33、limit. The cargo has to be warehoused within 60 days after discharge or the policy will no longer cover the cargo.4) Floating policyThis is an arrangement by which a large initial sum of insurance is granted. Each time a shipment is made, the assured declares this and the value of the shipment is de

34、ducted from the outstanding sum insured. The premium is paid in advance.This arrangement provides the policy holder with a large reserve of cover for cargo. It is often used by a dealer with several consignments of goods to insure. Floating policy is the total of several voyage policies. 5) Open pol

35、icyThis is an arrangement in which terms such as types of risks to be covered, validity of the insurance contract, rate, premium, maximum value of each shipment and geographical limits, etc are worked out when the contract is signed. The following ocean marine forms are those that are generally avai

36、lable. Manuscripted policies, to cover unusual situations or special risks are also possible. Marine Cargo PolicyCargo War Risk PolicyHull InsuranceYacht Policy Marine Cargo Policy Ocean Marine Insurance is designed to cover various hazards related to the movement of goods. The first and obvious pro

37、tection that can be provided is for the cargoes themselves. Cargo War Risk Policy The Cargo War Risk Policy is designed to provide coverage where the standard cargo policy ends, in times or places of war or similar (excluded) upheaval. The War Risk Policy covers almost all of the war risk perils exc

38、luded under the former policy. Hull Insurance The basic Marine Policy is used to cover either the shipowner or the shipper (or buyer) of goods. When coverage is for goods it is termed a Cargo Policy; when the ship is covered, it is termed Hull Insurance. The shipowner is provided legal liability pro

39、tection to others, for instance in the event of a collision. Yacht Policy The Yacht Policy covers pleasure craft, such as yachts, motorboats and sailboats. It is written to cover both the property (boat, and contents) and its liability for collisions or injuries. There are two Yacht Hull Policies. T

40、he Limited Hull Policy will only cover the specified perils of fire, lightning and theft. The Full Marine Policy additionally covers explosions, perils of the sea, theft, collision and conversion. 8. ENDORSEMENT OF THE INSURANCE POLICYWhen one person is responsible for procuring insurance, the expor

41、ter often makes himself the beneficiary. A blank endorsement would then be needed in order to transfer the policy. However, if the importer or his bank has-been made the beneficiary of the insurance policy, no endorsement is necessary for the transfer 9.Warranties A warranty is an assurance by one p

42、arty to a contract of the existence of a fact upon which the other party may rely. Express Warranties Implied Warranties1)Express WarrantiesAn express warranty is one, which is expressly stated in the policy of insurance it must be included in or written upon the policy. There is no limit to the num

43、ber of express warranties, but those generally included in a marine policy are that the ship is seaworthy on a particular day, that the ship will sail on a specified day, that the ship will proceed to its destination without any deviation and that the ship is neutral and will remain so during the vo

44、yage.2)Implied Warranties Implied warranties are conditions not incorporated in a policy but assumed to have been included in the policy by law, custom or general agreement. These warranties are: Seaworthiness; Legality of the voyage; Non-deviation海运保险单样本3)保险单的填写 (一)货物运输保险单的填写要求 被保险人名称。如果买方为被保险人, 一般

45、说来, 保险责任从货物装上运输工具开始; 如果卖方为被保险人, 一般说来, 保险责任则从保险单载明的起运地运出时开始。 货物名称、数量。 包装及标志。 保险金额。这是指保险核定的金额。如果以 CIP 价格成交的货物, 投保金额可加成 10。如以 FOB 或 CFR 价格成交, 必须先换算成 CIF 价格, 然后加上 10确定保险金额。 FOB 价格或 CFR 价格换算成 CIF 价格的公式如下：CIF = CFR 价格换算成 CIF 价格的公式如下：CIF = 装运工具。如果是用船舶运输, 就应写明船名; 吨位、建造年份, 船籍、是否需要转运。 开航日期。如果知道确切开航日期, 则填上确切的日

46、期; 如不知道确切开航月期, 则可填待定。 航程或路程。写明某某港 某某港。如果到达目的地的路线有两条或两条以上, 则要写上自某某港经某某港至某某港。 提单或运单号码。提单是一种重要的海上货物运输合同的证明, 它证明海上货物运输合同的成立, 并表明货物已由承运人收受或装上船并据以把货物交付给收货人。 保险险别及条件。按国际惯例, 承保的险别必须和信用证的要求一致, 必须与贸易合同上所列的保险条件相符。比如说, 平安险、水渍险、或一切险。 赔款支付地点。以进口货物的货物运输保险索赔在国内, 出口货物保险以国外进口商所在地为原则。 承保日期。承保日期应该在船舶开航或运输工具出发之前, 比如说, 两

47、天之前。一般说来, 保险公司与投保人或被保险人确定一个起保日期, 以避免产生纠纷。 签名盖章。 (二)船舶保险单的填写要求 船舶被保险人名称(Name of the Shipowner); 船舶名称(Name of the ship or Vessel); 船舶注册地(Place of Registry); 保险金额(Sum Insured); 保险险别及条件(Insurance Conditions); 绝对免赔额(Deductible); 航行范围(Trading Limit); 保险期限或航程(Period of Insurance); 保险费(Premium); 付费办法(Paymen

48、t of Premium); 签订日期(Date); 签名盖章(Underwriting Signatory)。2)海洋货物运输保险条款的英文表达 平安险加保舱面险。 Covering Free from Particular Average(F.P.A) as per Ocean Marine Cargo Clauses of the Peoples Insurance Company of China dated(1/1/1981), INCLUDING risks ON DECK 水渍险加保战争险。 Covering With Average(W.A) and War Risks as

49、per Ocean Marine Cargo Clauses and Ocean Marine Cargo War Risks Clauses of the Peoples Insurance Company of China dated(1/1/1981). 一切险加保战争险。 Covering 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

50、/1981). 散装桐油险加保战争险。 Covering loss or damage arising from shortage, leakage, contamination and isomerization as per Clauses for Wood Oil in bulk attached, Including War Risks as per Ocean Marine Cargo War Risks Clauses of the Peoples Insurance Company of China dated(1/1/1981). 冷藏货物水渍险。 Covering With

51、Average(W.A) including damage arising from Breakdown of refrigerating machinery as per Clauses for Frozen Products(W.A) Of the Peoples Insurance Company of China dated(1/1/1981). 5. 船舶保险条款英表达。 为了避免产生对条款内容的误解, 保险公司已经制定了英文格式表达方式。但是对于投保人的一些特殊承保要求项目, 需要重新商定, 以下是中国人民保险公司 1986 年 1 月 1 日制定的保险条款, 保单英文措词如下：

52、船舶全损险。 COVERING tOTAL LOSS subject to hULL insurance CLAUSES of Peoples insurance company of China 1/1/1986 船舶全损加保罢工险, 对于小额共同海损, 每次事故最高赔偿限额为 50, 000 美元。 COVERING total loss SUBJECT TO piCCS HULL insurance CLAUSES 1/1/1986, INCLUDING STRIKES risks AS per PICCS STRIKES CLAUSES DATED 1/1/1986, SUBJECT

53、TO SMALL general AVERAGE UP TO USD50, 000 FOR ANY ACCIDENT OR OCCURRENCE ARISING. 船舶一切险。 COVERING all risks SUBJECT TO piCCS HULL insurance CLAUSES 1/1/1986 . 船舶一切险加保战争险和罢工险, 对于小额共同海损, 每次事故最高赔偿限额为 30, 000 美元。 COVERING all risks SUBJECT TO piCCS HULL insurance CLAUSES 1/1/1986, INCLUDING all risks an

54、d STRIKES risks AS per PICCS war and STRIKES CLAUSES DATED 1/1/1986, SUBJECT TO SMALL general AVERAGE UP TO USD30, 000 FOR ANY ACCIDENT OR OCCURRENCE ARISING.10. PREMIUMPremium is generally based on the value of goods covered and the statistical probability of loss. Insurance underwriters take a number of specific factors into consideration when they decide on the rate of insurance premium. The first factor is the nature of packing used. The stronger the packing, the lower the premium.The second is the type and the value of the merchandise to be insured. Thirdly, the natures of transit