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CHAPTER 14 INTERNATIONAL MARINE CARGO TRANSPORT INSURANCE
Perils and Losses in Marine Transport
Ocean Marine Cargo Clauses of the CIC
Institute Cargo Clauses (ICC)
Export and Import Insurance Practice in China
§1 Perils and Losses in Marine Transport
Perils and risks?
Perils of the sea
Natural calamities: bad weather, thunder and lightening, flood, etc.
Fortuitous accidents: being stranded, striking a rock, sinking, etc.
(2) Extraneous risks
General extraneous risks: theft, breakage, leakage, rust, etc..
Special extraneous risks: military affairs, war, strike, etc.
(2) Transshipment?
According to the UCP600, transshipment means a transfer and reloading during the course of carriage from one conveyance or vessel to another conveyance or vessel, within the same mode of transport or from one mode of transport to another mode of transportation. Unless transshipment is prohibited by the terms of the credit, it is allowed.
However, in the absence of terms as to whether transshipment is allowed or not in the contract, transshipment is to be construed as not allowed.
2. Ocean average and charges
Average (loss): ① Total loss
Actual total loss
Constructive total loss
(a) Totally destroyed;
(b) so damaged as to cease to be
a thing of the kind insured;
(c) Irretrievably deprived thereof.
The loss where an actual total loss
appears to be unavoidable or the cost
to be incurred in recovering or
reconditioning the goods together with
the forwarding cost to the destination
would exceed their value on arrival.
② Partial loss
Particular average
General average
Partial loss occasioned by some
perils insured against;
To be sustained exclusively by the
person upon whom the damage falls.
Loss caused by or directly
consequential on a general average act.
A general average act consists of any
sacrifice or expenditure made
intentionally and reasonably to preserve
property involved in a sea voyage.
General average act
Extraordinary
Voluntarily and
reasonably made
Sacrifice or expenditure made for the
benefit of all the parties to the common
adventure.
e.g. Cargo being deliberately cast away;
Abnormal consumption of coal in
endeavouring to refloat the ship
Intentionally made on willingness rather
than on the orders of others.
Any expense incurred must be governed
by the same criteria of reasonableness.
General average act
In time of peril
Be successful
The peril must be real and actually exist.
The ship is no longer listing because the
jettisoned cargo righted the ship;
The tugboat successfully kept the ship
from running aground;
The fire was successfully put out.
The party on whom it falls is entitled to a ratable contribution from the
other parties interested, and such contribution is called a general average
contribution.?
(2) Sue and labor expenses and salvage charges
Sue and labor
expenses
Salvage Charges
Made in time of peril to avert or minimize
any loss of or damage to the insured goods.
Not for the benefit of a common adventure.
Expenses incurred are recoverable.
Charges recoverable by salvor
independently of contract.
For the purpose of averting a peril
insured against.
Particular charges or general average
(3) Extraneous losses
Losses resulted from risks not incidental
(伴随而来的) to transport by sea, including losses caused by general extraneous risks and special extraneous risks.
§2 Ocean Marine Cargo Clauses of the CIC
Basic ocean marine cargo insurance
Free From Particular Average (F.P.A.) (平安险)
① Total or constructive total loss of the consignment caused by
natural calamities.
② Total loss or partial loss caused by fortuitous accidents.
③ Partial loss of the insured goods attributable to heavy weather,
lightning and/or tsunami, where the conveyance has been
grounded, stranded, sunk or burnt irrespective of whether the
event or events took place or after such accidents.
④ Partial or total loss resulting from the falling of entire package or packages into sea during loading, transshipment or discharge.
⑤ Reasonable cost incurred by the insured on salvaging the goods or averting or minimizing a loss recoverable under the Policy, provided that such cost shall not exceed the sum insured of the consignment so saved.
⑥ Losses attributable to discharge of the insured goods at a port of distress (避难港) following a sea peril as well as special charges arising from loading, warehousing and forwarding of the goods at an intermediate port of call (停泊港) or refuge (避难港).
⑦ Sacrifice in and contribution to general average and salvage charges.
⑧ Such proportion of losses sustained by the shipowners as is to be reimbursed (偿付) by the cargo owner under the Contract of Affreightment Both to Blame Collision clause (运输契约船舶互撞责任条款)[1].
[1] An ocean marine insurance provision stipulating that upon the collision of two or more ships, when all ships are at fault, all owners and shippers having monetary interests in the voyage of the ships involved must share in all losses in proportion to the monetary values of their interests prior to the occurrence of the collision.
(2) With Average (W. A.) (水渍险). The words "with average" and "with particular average" mean including partial loss. Aside from the risks covered under F. P. A. condition as above, this insurance also covers partial losses of the insured goods caused by heavy weather, lightning, tsunami, earthquake and/or flood.
(3) All Risks (一切险). Aside from the risks covered under the F. P. A. and W. A. conditions as above, this insurance covers all risks of loss of or damage to the insured goods whether partial or total, arising from general extraneous risks in the course of transit.
2. W/W clause
Insurance coverage of risks to a shipment of goods from the time the goods leave the warehouse for commencement (开始) of transit and continue during ordinary course of transit until delivered to final warehouse at destination, or until the expiration of 60 days as of the moment of the insured goods are unloaded (if the shipment fails to reach the aforesaid warehouse), but with exception that the goods be transported to other place of destination not indicated on the insurance documents.
3. Additional risks?
General additional risks (cannot be covered independently)
Risk of theft, pilferage and non-delivery (TPND);
Risk of fresh water and/or rain damage (FWRD);
Risk of clash and breakage;
Risk of leakage;
Risk of shortage;
Risk of intermixture and contamination;
Risk of taint of odour;
Risk of sweat and heating;
Risk of rust;
Risk of breakage of packing;
Hook damage.
(2) Special additional risks
Special additional risks include:
War Risk, Strike Risk, Failure to Delivery Risk,
Import Duty Risk, On Deck Risk, Rejections Risk,
Aflatoxin Risk (黄曲霉素险), Fire Risk Extension Clause (FREC)—for storage of cargo at destination Hongkong, including Kowloon, or Macao (货物出口到香港包括九龙或澳门火险责任存仓条款).
§3 Institute Cargo Clauses (ICC)?
Initially published by the Institute of London Underwriters in 1912 the Institute Cargo Clauses revised in 1982 have been revised agaub, and the newest clauses dated Jan.1, 2009 now come into effect.
ICC(A), the widest insurance cover;
ICC(B) a more restrictive cover;
ICC(C), the most restrictive cover;
Institute War Clause (Cargo);
Institute Strikes Clause (Cargo). ICC(A), ICC(B) and ICC(C) have replaced the older “All Risks”, “With Average” and “Free Of Particular Average” clauses respectively.
ICC (A)?
ICC(A) covers all risks except exclusions.
Exclusions:
General exclusions: Wilful misconduct of the assured;
Ordinary leakage, loss in weight/volume
or ordinary wear and tear; Inadequate
packing including stowage in a container
by the assured; Inherent vice; Delay;
Insolvency or financial default of carriers;
Exclusions of unseaworthiness and unfitness;
Exclusions of war;
Exclusions of strikes.
2. ICC(B)?
(1) This insurance covers:
Fire or explosion;?
Vessel or craft being stranded, grounded, sunk or capsized Overturning or derailment of land conveyance?
Collision or contact of vessel, craft or conveyance with any external object other than water?
Discharge of cargo at a port of distress?
Earthquake, volcanic eruption or lightning?
General average sacrifice?
Jettison or washing overboard
Entry of sea, lake or river water into vessel, craft hold, conveyance, container, liftvan or place of storage?
Total loss of any package lost overboard whilst loading on to, or unloading from, vessel or craft.?
(2) In addition to the exclusions of ICC(A), ICC(B) shall not cover
Deliberate damage to or deliberate destruction of the subject-matter insured or any part thereof by the wrongful act of any person or persons (while ICC(A) only excludes loss, damage or expense attributable to wilful misconduct of the Assured)?
Actions of pirates
3. ICC (C) ?
(1) This insurance covers?
Fire or explosion;?
Vessel or craft being stranded grounded sunk or capsized;
Overturning or derailment of land conveyance;?
Collision or contract of vessel craft or conveyance with any external object other than water;?
Discharge of cargo at a port of distress;?
General average sacrifice;?
Jettison.?
(2) The exclusions of ICC(C) are the same as that of ICC(B)
§4 Export and Import Insurance Practice in
China
Insurance clause in the contract
(1) FOB, CFR, FCA, CPT contract
“ Insurance to be effected by the Buyer”
(2) CIF, CIP contract:
“Insurance: To be covered by the Seller① for 110% of total
invoice ②value against All Risks③, as per and subject to
the relevant ocean marine cargo clauses④ of the People’s
Insurance Company of China, dated 1 Jan, 1981”.
2. Insurance practice in China’s export and import
Export insurance practice
To insure for the CIF or CIP value of the shipment, plus
10% of CIF value.
Example:
Good A is to be shipped from Shanghai to New York, the total CFR amount is $30,000. Now the quotation is to be made on CIF. How much is the CIF price Suppose insurance is to be effected against All Risks (premium rate: 0.6%) and War Risks (premium rate 0.03%), insurance amount is 110% of CIF amount.
(2) Import insurance practice
Marine cargo open policy: an agreement between the insured and the insurer to insure all goods in transit within the agreement.
An insurance automatically applies to all of the exporter’s shipments during a specified period of time, rather than just to one shipment.
The advantages: It avoids the need to arrange separate policies for each shipment; the cost of insurance is usually lower than if separate policies are arranged.
(3) Claim procedure
Apply for survey
Claim for damages on the carrier and/or other parties concerned
Take proper measures
Prepare documents for claim
(original insurance policy, original B/L, survey report, landing account or weight notes )

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