国际贸易实务-6 INSURANCE

Insurance Clause & Insurance Document
Insurance clause


Salvage Charge

Other expenses
Case

有一货轮在航行中与流冰相撞。船身一侧裂口，舱内部分 乙方货物遭浸泡。船长不得不将船就近驶入浅滩，进行排 水，修补裂口。而后为了浮起又将部分甲方笨重的货物抛 入海中。乙方部分货物遭受浸泡损失了3万美元，将船舶驶 上浅滩以及产生的一连串损失共为8万美元，则如何分摊损 失？（该船舶价值为100万美元，船上载有甲乙丙三家的货 物，分别为50万、33万、8万美元，待收运费为2万美元）
TPND, Theft, Pilferage and Nondelivery Fresh Water/ Rain Damage Shortage Total loss of natural disasters; Intermixture and Contamination the total or partial loss under the Leakage accident Clash and Breakage Taint of Odour Hook Damage Sweat and Heating FPA+ Partial loss of natural disasters Breakage of Packing Rust WA+ General additional risks
Marine cargo insurance
Road transportation cargo insurance
CIC
Air transportati on cargo insurance
Postal cargo insurance
Biblioteka Baidu
Marine cargo insurance
FPA, Free from particular average 平安险 Basic Risks WA/WPA, With particular average 水渍险 All risks 一切险 General additional risks 一般附加险

Grasp:






General Average, Particular Average Insurance coverage of Basic Risk and Additional Risk Sue & Labour charges, Salvage Charges W/W Clause Insurance document’s type, characteristics and function Abandonment and Subrogation Right The calculation of insured value & insurance amount The conversion between the price of different trade terms
Constructive Total Loss General Average Particular Average
Partial Loss

Necessary condition for the General Average



Danger actually exists and is inevitable Danger is common; the measures are reasonable Sacrifice is the result of intentional acts; Costs are extra Loss is the loss of extraordinary circumstances
Natural Calamities
Perils of the Sea
Fortuitous Accidents
Extraneous Risk
General Extraneous Risks Special Extraneous Risks
Average
Total Loss
Actual Total Loss

Claims to insurance companies

within 2 years from the date of the cargo unloaded from the means of transport

Claim to the shipping company

15-60 days after the cargo reached the destination
Institute Cargo Clause, ICC (Institute of London Underwriters, ILU)

6 kinds of risks

ICC(A)---insurance liability is the most widely ICC(B) ICC(C) IWCC, Institute War Clause-Cargo ISCC, Institute Strikes Clause-Cargo Malicious Damage Clause---additional risk
6 INTERNATIONAL CARGO TRANSPORTATION INSURANCE

Understanding:



Risk, Average and Expenses Cargo insurance clause of PICC (CIC)and ICC Insurance documents Insurance contract parties
Shipper’s Warehouse
The destination unspecified in the policy （the responsibility terminate at the beginning of transfer）

The period of claim …shall be subject to the provisions of the relevant insurance, transport, or the sales contract…
11 kinds War Risk Strikes Failure to Delivery Import Duty Risk On Deck Risk Rejection Risk Aflatoxin
Additional Risks
Special additional risks 特殊附加险
Seller’s contingent interest risks 卖方利益险
All Risks
Special Additional Risks

Exclusions Duration

W/W, Warehouse to warehouse clause---for basic risks
Port of shippment Port of destination (terminate 60 days later after cargos unloaded ) Consignee’s Warehouse

The differences between General Average and Particular Average
General Average Natural calamities Caused by different Fortuitous accidents reasons Extraneous risk Assume responsibility for the loss Injured party to assume Particular Average Human-caused losses and additional costs All benefiting parties sharing according to the size of its benefit ratio
Survived the underlying value (Insurance value of the subject stated on the policy)

Particular Average
Only involves the unilateral loss of the ship’s or the owner of the goods’ interests
Special Risks
Frozen products risks 冷藏险
Bulk woodoil risks 散装桐油险
FPA
Special Additional Risks
General Additional Risks
WA/WPA
Special Additional Risks
General Additional Risks
Within 60 days of receipt of the goods

Claim to the seller


The main evidence required in insurance claims

Original insurance documents Original transport document Commercial invoice Packing List/ Weight List Inspection report/ Damage, shortage proof Claim sheet
有关各方 船方
获救价值 （万美元） 100
分摊比例
分摊金额 （万美元） 4.21
货方甲 货方乙
货方丙 运费方 合计
50 33-3=30
8 2 190 8÷190=4.21%
2.105 1.263
0.3368 0.0842 7.999
China Insurance Clause, CIC (PICC)
Expenses

Sue and Labour Expenses

The person who takes measures must has direct economic interest with the subject matter insured. A third party except the insured or the insurer
Marine Cargo Insurance Coverage
Risk
Heavy Weather Lightning Tsunami Washing Overboard Flood Earthquake Volcanic Eruption Entry of sea, lake or river water into vessel craft, hold, conveyance, container, or place of storage Fire Explosion Grounding Stranding Sunk Collision Capsized Jettison Sling Loss
《York-Antwep Rules》 《Beijing G.A. Settlement Rules》

General Average Contribution
After the general average occurred, every sacrifice and expense fall within the scope of general average, which all need through the adjustment of general average, and be apportioned with ratio by the rescued beneficiaries (ship, cargo and freight revenue side) according to the original value of the salved.