unit 7外贸实务

The Utmost Good Faith Principle
• 最大诚信原则 • Both parties be faithful and honest in entering into the
insurance contract
• The insurant shall expose to the insurer all the important
• Extent of indemnity: total indemnification be limited to
– the insurance amount: 110% of the insured value – the actual loss suffered – the insurable interest of the claimant
• Perils 风险
– Refer to risks which occur at sea, or at the place where the ocean and land, or the ocean and the inland river, or the ocean and the lighter (驳船) are connected.
b) Fortuitous Accidents 意外灾害
Include accidents resulting from unexpected causes, the carrying conveyance being grounded (搁浅), stranded ( 触礁), or in collision with floating ice (和漂冰相撞) or other objects, as well as fire or explosion.
• 1.1 Definition • 1.2 Parties Involved • 1.3 Foundamental Principles in Cargo Insurance
1.1 Definition
• Insurance
– “the practice of sharing among many persons, risks of life or property that would otherwise be suffered by only a few.”
• International cargo transportation insurance
– Refers to the fact that the insured (被保险人) covers insurance for the shipment with the insurer (保险人), i.e., the insurance company before shipment.
The Insurable Interest Principle
• 可保利益 It refers to the financial interest of a person in the subject matter insured • Forms of insurable interest:
– Ownership of the goods – Charge of insurance – Freight
The Subrogation Principle
• 代位求偿原则
– When the loss of the property insured is caused by a third party, the insurer is automatically entitled to seek compensation from the third party after indemnification has been made to the insurant.
• Special risks 特殊外来险
– Caused by military factors, political factors, government
2.1 Marine Risks
Natural calamities 自然灾害
?
Risks 风险 External / Extraneous risks 外来风险
?
？
？
2.1 Marine Risks
Natural calamities 自然灾害 Perils of the sea 海上风险 Risks 风险 External / Extraneous risks 外来风险 Unexpected accidents/ fortuitous accidents 意外事故 General risks 一般外来风险
2
3 4 5
Contents
1
General Introduction Marine Risks and Losses
Marine Insurance Coverage Application Issues Procedures of Cargo insurance
2
3 4 5
1. General Introduction
The Share Principle
• 分担原则
– Under the circumstance of double insurance, all the insurers shall bear the loss on the subject matter jointly and share the loss according to their respective insurance proportion.
Chapter 7 Cargo Transportation Insurance
国际货物运输保险
Contents
1
General Introduction Marine Risks and Losses
Marine Insurance Coverage Application Issues Procedures of Cargo insurance
• A policy without insurable interest is invalid • Proof of insurable interest is required at the time of making a claim, not at the time of effecting an insurance
1.2 Parties Involved
• the insurant / insured/assured 投保人 – The party that buys insurance • the insurer 保险人 – The party undertaking to indemnify the insurant against losses or damages • the claimant 索赔人 – The insurant may not necessarily be the claimant – Depending on: who has the insurable interest of the goods when the goods are damaged or lost
• Double insurance • Each insurer is normally only liable,
– in case of total loss, to pay the insured to the extent of the sum written against his own name (the amount of his subscription) – in case of partial loss, some proportion of that sum.
Special risks 特殊外来风险
2.1.1 Perils of the sea 海上风险
a) Natural Calamities自然灾害
Are caused by the forces resulting from the changes of nature, e.g., vile weather (恶劣天气), thunder (雷), lightning (闪电), tsunami (海啸), earthquake, flood, etc.
– In theory: by replacing the ships or goods lost or damaged – In practice: by paying an amount of money equal to the value of the goods lost or damaged
facts that will influence the judgment and evaluation by the
insurer to the perils.
• Avoidance of the contract
The Indemnity Principle
• 赔偿原则 • Means of effecting indemnity
1.3 Principles in Insurance
• The Insurable Interest Principle 可保利益原则 • The Utmost Good Faith Principle 最大诚信原则 • The Indemnity Principle 赔偿原则 • The Proximate Principle 近因原则 • The Subrogation Principle 代位求偿权原则 • The Share Principle 分担原则
Contents
1
General Introduction Marine Risks and Losses