资源简介

(共48张PPT)
Chapter 9
Cargo Transport Insurance
Insurance Company: PICC
The People’s Insurance Company of China
Established in 1949
Sole state-owned insurance company
Fundamental Principles of Cargo Insurance
Insurable Interest
Utmost Good Faith
Indemnity
The Doctrine of Proximate Cause
Risks
Natural calamities
(vile weather. etc.)
Perils of the sea Fortuitous accidents
Marine (ship sinking, fire, etc.)
Risks General extraneous risks
Extraneous risks ( theft, leakage, shortage, etc.)
Special extraneous risks
(war risks, refusal, etc).
Losses
Actual total loss
Total loss
Marine Constructive loss
Loss
Partial loss General average
Particular average
Total loss
Actual total loss: The whole lot of the consignment has been lost or damaged or found valueless upon the arrival at the port of destination.
Constructive total loss: An actual total loss is unavoidable or the cost of salvage or recovery would exceed the value of the consignment upon the arrival of the port of destination.
Notice of abandonment：the insured passes all the rights and interests of the damaged goods to the insurer and asks for a compensate on the basis of the constructive total loss.
Partial loss
General average: When both the ship and the consignment on board is endangered and the captain intentionally and reasonably does some sacrifices or makes some expenses. The loss is to be borne by all the consignors in proportion to the value of their interest thus saved. (voluntary, deliberate, reasonable)
Particular average: A particular consignment is partially damaged. Other consignors do not contribute to the partial recovery of the one suffering his loss. (involuntary, accidental)
Expenses
Sue and labor expenses
arising from the measures properly taken by the insured or his agent to prevent any further losses
Salvage charges
resulting from measures properly taken by a third party other than the insured or his agent who come to the salvage of the ship and the consignments
Clauses involved
China Insurance Clause (C.I.C.)
“Ocean Marine Cargo Clauses” of the People’s Insurance Company of China
London Insurance “Institute Cargo Clauses” (I.C.C.)
Types of Transport Insurance of CIC
Marine Cargo Insurance
Insurance of Land, Air and Postal Transportation
Marine insurance coverage Attached herein
FPA
WPA
All risks
General additional risks
Special additional risks
Basic coverage
F.P.A. Free from Particular Average
W.P.A. With Particular Average
F.P.A. + partial losses caused by natural disasters
All Risks
F.P.A. + W.P.A. + total or partial losses caused by general extraneous risks
Additional coverage
11 general additional risks and
8 special additional risks
Exclusions
Loss or damage caused by intentional act or fault of the insured;
Loss or damage due to the responsibility of the consignor;
Inferior quality or shortage in quantity before the commencement of the insurance duty;
Natural loss, inherent vice or nature of the insured goods;
Loss of the market price of the insured goods;
Loss due to delay in transportation and any expenses arising therefrom.
Choosing insurance coverage
Quality and characteristic of the goods
Conveyance and line
Changes of international political and economic situations
Regularity of damage
Package conditions of the cargo
Duration of insurance
Warehouse to Warehouse Clause (W/W Clause).
60 days
Coverage of marine cargo insurance of ICC
Attached herein
Institute Cargo Clauses (A)
similar to All Risks
Institute Cargo Clauses (B)
similar to WPA
Institute Cargo Clauses (C)
similar to FPA
Institute War Clause (Cargo)
Institute Strike Clause (Cargo)
Institute Malicious Damage Clause (Cargo)
Insured amount and insurance premium
Insured amount = CIF price x (1 + markup percentage)
Insurance premium = insured amount x premium rate = CIF price x (1+ markup percentage) x premium rate
Insurance documents
Insurance policy
Insurance certificate
Combined certificate
Open policy
Insurance claim
To lodge a claim against the insurer for compensation, the claimant should satisfy certain prerequisites:
(1) The risks exposed to the goods insured should fall within the insurance coverage stipulated in the insurance policy;
(2) The claimant should be able to evidence the insurable interest he has in the goods insured;
(3) The risks covered should occur within the duration of the insurance liability.
Insurances clauses in sales contract
Insurance to be covered by the seller for 110% of the CIF invoice value against All Risks and War Risk as per the relevant Ocean Marine Cargo Clauses of the People’s Insurance Company of China dated 1/1 1981.
Insurance shall be effected for the amount of the seller’s CIF invoice value plus 10% against ICC(B). Any additional insurance required by the buyer shall be at his own expense.
Case 1
A precision instrument worth of US$12000 was damaged during oceanic transportation by collision accident. After the identification by the expert, it was estimated that the movement and repair expenses of the damaged instrument would be US$13000. But the spare parts of the damaged instrument were worth of US$ 5000 if it was taken apart but without repairing.
Q: What was the loss of the damaged instrument And how did the insurance company deal with this case
Analysis: This belongs to the constructive total loss. Because the cost of repairs and carriage charges to the destination exceeds the value of the goods at the destination. The insurance company shall pay against the insurance policy and the insured shall transfer the interest of goods to the insurance company by signing letter of subrogation as evidence.
案例 1
有一被保货物精密仪器一台，货价为12000美元，运载该货的海轮，在航行中同另一海轮发生互撞事故，由于船身的激烈震动，而使该台仪器受到损坏。事后经专家鉴定，认为该台仪器如修复原状，则需修理费用及来回运费共13000美元，如拆卸为零件出售，尚可收回5000美元。试分析在上述情况下，这台受损仪器应属何种损失？保险公司又应如何处理这一损失案件？
分析：本例的损失属于推定全损。因为修理费用加上运至目的地的费用，超过该货在目的地的价值。保险公司对于发生推定全损的货物，除按保单的规定给予赔款外，被保险人应将该货物委付给保险公司，即将该货的权益转让给保险公司，并由被保险人签署权利转让书(letter of subrogation)作为证据，从而使保险公司在赔付货款以后，能够自行处理该货的残余部分，并享有该货有关其他权益。
Case 2
A fire accident took place in a cargo vessel during the voyage. For the common security of the cargoes and the vessel, the captain ordered to rescue them with water. When they inspected the goods in the cabin after the rescue, they found that parts of 1000 bales of cotton were damaged due to fire, and the rest of it were wet by water and could be only sold as paper pulp which was worth of 40% of original goods. As for another 2000 bags of rice, it was only wet by water but without fire damage. After drying treatment, it could be sold as inferior rice which was worth of 50% of original one. That is to say, the loss of the cotton goods was 60% of original value and the rice was 50%.
Analysis of case 2
According to the custom of insurance business, the loss of the above cotton is considered to be the total loss, while the loss of rice is considered a partial loss.
In the insurance business, the following three situations can be regarded as actual total loss:
(1) the actual loss of the goods. For example, the goods all sink to the bottom of the sea and can not be salvaged;
(2) Although the goods have not actually lost, they have completely lost their value of usage. For example, the cement is soaked in water and formed into a hard block.
(3) The goods are neither actually lost nor completely lost in use, but the original function of the goods have been completely changed. The cotton in this case which is seriously watered, though ,can be sold as paper pulp and still has the value of paper making, but it has been completely lost as a cotton fabric. Therefore, although the owner can recover 30% of the value, it is regarded as total loss in the insurance practices.
案例 2
某一载货海轮在航行中有一船舱发生火灾，危及船货的共同安全，经船长下令灌水施救后被扑灭。事后检查该船舱的货物，原装在该舱内的1000包棉花，除被烧毁部分外，剩下部分有严重水渍，只能作为纸浆出售给造纸厂，得价占原货价值的30％，即损失货价70％；原装在该舱内尚有500包大米，经检查这1200包大米只有水渍损失，而无烧毁或热熏的损失，经晒干处理后，作为次米出售，得价占原价的40％。按照上述情况，棉花损失价值占原价的70％，大米损失价值占原价的60％。试分析这两种情况的损失是否都属于部分损失？为什么？
分析：本例若单纯从损失的程度来确定，棉花和大米的损失都属于部分损失。但按照保险业务的习惯，对上述棉花的损失则认为是全部损失，而对大米的损失则认为是部分损失。在保险业务中，下列三种情况都可视为实际全损：
①货物的实际灭失。例如货物全部沉人海底，无法打捞；
②货物虽然没有实际灭失，但已完全失去使用价值。例如水泥被水浸泡后结成硬块；
③货物既没有实际灭失，也没有完全失去使用价值，但货物原来的用途已完全改变，即已改变为其他用途。本例中的棉花就属于这种情况，受到严重水渍的棉花，虽然可作为纸浆削价出售给纸厂，仍有造纸的使用价值，但作为棉花原来具有纺纱织布等用途已完全丧失。因此，尽管货主可以收回30％的价值，但在保险业务中则视作全部损失。
Case 3
A fire took place in a vessel during the voyage from Shanghai to Singapore. For the common safety of the cargoes and the vessel, the captain ordered to rescue them with water. The fire was extinguished soon after, but the vessel could not sail any more for its main engine was damaged. And then the vessel was towed back by a tug boat to Shanghai Port to be repaired. The losses in this case were mainly caused by the following items:
(1) 600 cartons of cargo were destroyed by fire;
(2) 500 boxes of goods were wet by water without other losses;
(3) 200 cartons of goods were subject to both heat loss and water loss, but no traces of fire are found;
(4) 100 cartons of goods had been burned and also there were serious water stains;
(5) the main engine and part of the deck were burnt out;
(6) tug charges;
(7) additional fuel and crew wages.
Q:Try to analyze the types of partial losses in this case.
Analysis of case 3
General average: (2), (6), (7),
Particular average (1), (4), (5)
For No. (3), in accordance with the customary practice of the insurance business, the loss of heat is usually listed as a particular average, because hot fumigation is caused by fire, and if the captain does not order to save, the part of the goods may be burning and those watered can be classified as general average because it is a direct consequence of saving.
For No. 4, 100 boxes of goods were already on fire. Although there were serious water stains, they could only be classified as particular average.
The above losses can be covered by FPA of CIC or ICC (C)
案例３
　　　某货轮从天津新港驶往新加坡，在航行途中船舶货舱起火，大火蔓延到机舱，船长为了船货的共同安全，下令往舱内灌水，火很快被扑灭。但由于主机受损，无法继续航行，于是船长雇用拖轮将船拖回新港修理，修好后重新驶往新加坡。这次造成的损失主要有：
(1)600箱货被火烧毁；
(2)500箱货被水浇湿，无其他损失；
(3)200箱货既受热熏损失，又受水渍损失，但未发现任何火烧的痕迹；
(4)100箱货被火烧过且有严重水渍；
(5)主机及部分甲板被烧坏；
(6)拖轮费用；
(7)额外增加的燃油和船上人员工资。
　　问：试分析上述部分损失的性质，并指出需投保何种险别，才能取得保险公司的赔偿
分析：
属于共同海损的是(2)、(6)、(7)，属于单独海损的是(1)、(4)、(5)。第(3)种损失，由于没有发现任何着火的痕迹，仅受到热熏损失和水渍损失，按照保险业务的习惯做法，通常对热熏损失应列为单独海损，这是因为热熏是火引起的，如果船长不下令施救，该部分货物有可能着火燃烧；而对于水渍部分可列为共同海损，因为它是灌水施救的直接后果。第(4)种损失，由于这100箱已着火，但被扑灭，虽有严重水渍，也只能列为单独海损。这是因为货物已着火，如不施救，该货将被烧毁，因此对水渍部分不列入共同海损。
以上损失只要投保了CIC的平安险(FPA)或英国伦敦ICC的(C)险即可获得保险公司赔偿
Case 4
A vessel was grounded during the voyage and (1) parts of cargoes were damaged due to sea water seep into the cabin. The vessel sailed to a port nearby to be repaired and most of the cargoes were unloaded on land for one week. All the expenses including crew wages during this period was (2) US$8000. Unfortunately, when the vessel had been repaired and sailed again, a fire happened in its cabin A where children’s toys and tea were stored. The captain ordered to rescue them with water. And then (3) parts of children’s toys were found to be ruined by fire, and (4) the rest of children’s toys and all the tea were wet by the water.
Q： Try to analyze the nature of the following losses, and what kind of insurance should be covered so that the insurance company was responsible for compensation
Analysis: Particular average (1) (3)
General average: (2) (4)
The above losses can be covered by FPA of CIC or ICC (C)
案例 4
一载货船舶在航行途中不慎搁浅，造成(1) 船货部分受损。该船驶进附近的一港口修理并暂卸大部分货物，共花一周时间，增加了各项费用支出包括船员工资共(2) 8000美元。船修复后装上原货重新启航后不久，A舱起火，船长下令灌水灭火。A舱原载有儿童玩具、茶叶等，灭火后发现儿童玩具(3) 一部分被烧毁，(4)另一部分儿童玩具和全部茶叶被水浸湿。试分析上述各项部分损失的性质，并说明在投保何种险别的情况下，保险公司才负责赔偿？
分析：案中因触礁造成船底划破，致使海水渗入货舱造成船货的部分损失，以及船舶遇恶劣气候导致装载的某货主的一部分货物被海水浸湿的损失，属单独海损；因修理船只所花费的修理费和各项费用开支共8000美元属共同海损。 A舱起火使一部分儿童玩具被烧毁属于单独海损；而因灌水灭火使另一部分儿童玩具和全部茶叶被水浸湿属共同海损。
在投保了平安险的情况下，被保险人有权就案中所有损失向保险公司提出赔偿要求。
Case 5
A batch of goods was covered against FPA (FPA) for 110% of the total invoice value. The vessel which carries the goods encountered storms on the sea in May 3rd. Parts of the goods were damaged and loss worth of US$2000 occurred. In the following voyage, loss worth of US$3000 reappeared on May 8th. due to the vessel struck on a rock.
Q: Try to analyze whether the insurance company was responsible for compensation If so, how much money should the insurance pay for it
Analysis: Under FPA, it is stipulated that the loss will be covered in the following state: “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 before or after such accident.”
The insurance company shall pay (2000+3000)*110％=5500.
案例 5
有一批货物已按发票总值110％投保了平安险(FPA)，运载该批货物的海轮于5月3日在海面遇到暴风雨的袭击，使得该批货物受到部分损失，损失货值为2000元；该轮在继续航行中，又于5月8日发生触礁事故，使该批货物发生部分损失，损失货值为3000元。试分析保险公司是否负责赔偿 应赔多少
分析： 应该赔偿；根据海上货物运输保险的平安险规定：在运载船舶发生搁浅，触礁，沉没，焚毁等意外事故的情况下，货物在此前后在海上遭受恶劣气候，雷电，海啸等自然灾害所造成的部分损失。案例符合以上规定，所以保险公司对该批货物的损失赔偿。
赔偿金额=(2000元+3000元)*110％=5500元。
Case 6
A Chinese company exported a batch of peanut candy products to Iran, which was covered against all risks. As the cargo vessel was obsolete, the speed of it was slow, and it collected cargoes all over the way, it took three months to reach the port of destination. After unloading, it was found that the candy goods, for its long journey and high temperature, was melt and soften.
Q： Was the insurer responsible for the losses
Analysis:　Although the goods are covered by all risks, the insurance company is not responsible for all kinds of losses. According to Article (4) of Exclusions of CIC, loss or damage arising from normal loss, inherent vice or nature of the insured goods, loss of market and/or delay in transit and any expenses arising therefrom will not be covered. The reason for the deterioration of peanut candy is due to delayed transportation, so the insurance company will not compensate for the loss.
案例 6
我向海湾某国出口花生糖一批，投保一切险。由于货轮陈旧，速度慢，加上该轮沿途到处揽载，结果航行3个月才到达目的港。卸货后，花生糖因受热时间过长已全部潮解软化，无法销售。问这种情况保险公司是否拒赔
分析：尽管该批货物投保了一切险，但并非一切损失保险公司都负责赔偿。根据C.I.C.1981年1月1日“除外责任”第4条规定“被保险货物的自然损耗、本质缺陷、特性及市价跌落、运输延迟所引起的损失或费用”为除外责任。本例即属于“除外责任”。花生糖之所以变质是因为运输延迟造成的，所以保险公司将不予赔偿。
Case 7
A company exported a batch of goods to the Middle East under CIF contract and covered insurance against WPA and TPND. The vessel was detained due to the Iran-Iraq war. Then the importer claimed against the insurance company based on TPND. What would the result be What if the insured had covered insurance against WPA and Failure to Deliver Risk
Analysis: TPND means that the whole piece or part of the insured goods is so that the consignee can not receive the whole goods after the delivery of the goods to the destination. In this case, it is clear that this is not the case. So the insurance company will not pay for it.
If it is covered against WPA and Failure to Delivery Risk, the insurance company shall pay for it. Failure to Deliver Risk means that the goods can not be delivered to the destination within 6 months from the shipment of the goods on board, and the insurance company shall compensate for all the losses, whatever the reason. However, the insured has to transfer the rights of the goods to the insurer, otherwise the insurer will not pay.
案例 7
我按CIF条件向中东某国出口一批货物，根据合同投保水渍险附加偷窃提货不着险。但在海运途中，因两伊战起船被扣押。尔后进口商因提货不着便向保险公司进行索赔。问其结果将如何 如被保险人当初投保水渍险加交货不到险，问其结果又将如何呢
分析：偷窃提货不着险(W．A．including TPND)是指被保货物整件被偷或从整件中窃取一部分，以致货到目的地后收货人提取不着整件的货物。从本例来看，显然不属于这种情况。所以保险公司将不予赔偿 。
如投保的是水渍险加交货不到险则保险公司将予赔偿。因交货不到险(W．A．including Failure to Deliver Risk)是指从货物装上船开始，6个月内不能运到目的地，不论什么原因，保险公司要按全部损失赔偿。不过被保险人要向保险人办理权益转让手续，否则保险人不予赔偿。
Case 8
A company exported 100 packs of grey cloth to Australia and covered insurance against WPA for 110% of the contract value. 30 packs of the cloth were wet due to fresh water leakage from pipes of the vessel.
Q： Should the company claim against the insurance company or the shipping company
Analysis: WPA is only responsible for seawater impregnation and irresponsible for the losses caused by fresh water. So we can not claim from the insurance company, but negotiate with the shipping company against the clean bill of lading.
案例 8
我方公司向澳大利亚出口坯布100包。我方按合同规定加一成投保水渍险。货在海运途中因舱内食用水管系漏水，致使该批坯布中的30包浸有水渍。问对此损失应向保险公司索赔还是向船公司索赔
分析：我方公司投保的是水渍险，水渍险只对海水浸渍负责而对淡水所造成的损失则不负责任。假如该批坯布投保了一切险，便可向保险公司索赔。所以本例不能向保险公司索赔，但可凭清洁提单向船公司进行交涉。
Case 9
A company exported a batch of frozen food and covered insurance against FPA, War Risk and Strike Risk. On the arrival of the goods at the port of destination, no workers unloaded them onto the dock since they were in the strike. Soon after the refrigeration equipment in the vessel was shut down for no fuel could be replenished. The frozen goods had gone bad after the strike was over.
Q：Was the insurer responsible for the damage caused by the strike
Analysis： Insurance companies are only responsible for direct losses caused by strikes, and are not liable for indirect losses. For example, losses due to the shortage of labor or inability to use; the goods on wharf are damaged by the rain; and the refrigerators are interrupted by the lack of fuel, causing the goods to deteriorate and so on will not be covered by the insurance company for they are indirect.
案例 9
我按CIF出口冷冻食品一批，合同规定投保平安险加战争、罢工险。货到目的港后适逢码头工人罢工，港口无人作业，货物无法卸载。不久货轮因无法补充燃料，以致冷冻设备停机。等到罢工结束，该批冷冻食品已变质。问这种由于罢工而引起的损失，保险公司是否负责赔偿
分析：保险公司只对因罢工造成的直接损失负责赔偿，对于间接损失则不负赔偿责任。例如，由于罢工引起劳动力不足或不能运用，致使堆放码头的货物遭到雨淋日晒而受损、冷冻机因无燃料而中断致使货物变质等等均属间接损失。保险公司对于这类损失均不予赔偿。
Case 10
A Chinese company exported 1000 bags of rice under CIF price. The contract stipulates that the seller shall cover insurance against All risks, War Risk and Strike Risk. The goods was unloaded to the dock at port of destination and ran across strike. Workers on the dock took bags of rice as bunker in conflict with the policemen. The strike ended 15 days later. When the consignee picked up the goods, he found that the loss of the rice amounted to 80%, so he claimed compensation from the insurance company.
Q: Should the insurance company compensate for the loss
Analysis: The insurance company gives compensation because it is a direct loss caused by strike action.
案例 10
12、我某公司以CIF条件出口大米1000包。合同规定由卖方投保一切险，战争险，罢工险。货地目的港卸至码头，适遇码头工人罢工与警方发生冲突，工人将大米堡垒成掩体进行抵抗。罢工历经15天才结束。当收货人提货时发现这批大米损失达80%，因而向保险公司索赔。问保险公司应否给予赔偿？为什么？
分析：保险公司给于赔偿，因为这是由罢工行为直接导致的损失。
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