1、Chapter 10 Cargo Transportation Insurance 国际货物运输保险国际货物运输保险Lesson 1 Coverage of Marine Cargo Insurance 海上货物运输保险承保范围海上货物运输保险承保范围 Perils and Risks 风险 Risks Perils of the Sea 1. Natural Calamities: bad weather, thunder and lightening, earthquake, flood, tsunami, etc. 2. Fortuitous Accidents: grounding,
2、stranding, sunk, collision, fire, explosion, missing, etc. Extraneous Risks 1. General Extraneous Risks: theft, breakage, leakage, contamination, etc. 2. Special Extraneous Risks: military affairs, war, strike, failure to delivery, rejection, etc.1.1 General Extraneous Risks一般外来风险一般外来风险 1. Theft / P
3、ilferage偷窃 2. Contamination沾污 3. Leakage渗漏 4. Breakage破碎 5. Sweating and/or Heating受热受潮 6. Taint of Odor串味 7. Rusting生锈 8. Hook Damage钩损 9. Fresh and/or Rain Water Damage淡水雨淋险 10. Shortage in Weight短量 11. Clashing碰损1.2 Special extraneous risks特殊外来特殊外来风险风险 1. War Risk战争险 2. Strikes Risk罢工险 3. Rejecti
4、on Risk拒收险 4. Failure to Delivery Risk交货不到险 5. Aflatoxin Risk黄曲霉菌险 6. On Deck Risk舱面险2. Loss 损失损失 Marine Losses A. Total Loss a. Actual Total Loss b. Constructive Total Loss B. Partial Loss a. General Average b. Particular Average2.1 Total Loss 全部损失全部损失 2.1.1 Actual Total Loss实际全损 It means that the
5、cargo has been totally lost or has been damaged to the extent that it has lost its original usage. It includes: 货物完全灭失或变质而失去原有用途，即货物的全部损失已经发生或不可避免。具体包括：2.1.2 Constructive Total Loss推定全损 It means the cargo is not totally lost, but the actual total loss shall be unavoidable or the restoration fees tog
6、ether with other miscellaneous expenses will exceed the anticipated amount of profit when the cargo is delivered to the destination. In other words, when a ship or a cargo is so badly damaged, the cost of repair or the effort of rescue would be greater than the market value of the ship or cargo. The
7、y are treated as totally lost.2.2 Partial Loss部分损失部分损失 2.2.1 General Average共同海损 It is defined as a partial and deliberate sacrifice of the ship, freight, cargo, or the additional expense incurred to rescue a ship and its cargo from impending danger or for the common safety of the adventure under a
8、peril of the sea or some other hazards.There are four conditions forming GA: 1) the danger that threats the common safety of cargo and/or vessel shall be materially existent and is not foreseen, 2) The measures taken by the master shall be conscious and reasonable, which means, GA is man-made but no
9、t an accidental loss. 3) The sacrifice shall be specialized and not caused by perils directly and the expense incurred shall be additional expense which is not within the operation budget. 4) The actions of the ships master shall be successfully in saving the voyage.2.2.2 Particular Average单独海损 It i
10、s a partial loss of the subject matter insured, caused by an event that ha been insured against. It falls entirely upon the particular owner of the property which has suffered the damage. For instance, collision or breakage is irrelevant to cargo owners and ship owners and it caused only partial los
11、s, which is called particular average.The differences between GA and PA are: 1) GA is caused directly by risks; PA is man-made loss in order to remove or alleviate risks. 2) The damaged party is responsible for losses incurred in a PA; the loss of sacrifice as well as the expenses incurred in a GA s
12、hall be shared among all parties.Lesson 2 Ocean Marine Cargo Clauses of CIC我国海运货物保险条款我国海运货物保险条款 1. Basic Ocean Marine Cargo Insurance 基本险别1.1 Free from Particular Average (FPA）平）平安险安险1.2 With particular Average: WPA or WA水水渍险渍险1.3 All risks: AR一切险一切险1.1 Free from Particular Average (FPA）平安险）平安险 1. A
13、ctual total loss or constructive total loss of the consignment caused by natural calamities such as heavy weather, tsunami, earthquake, flood, etc.; Total loss or partial loss caused by fortuitous accidents such as stranding, striking upon the rocks, icebergs or other objects, collision, fire and ex
14、plosion; Partial loss of the insured cargo 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 accidents; Partial or total loss resulting from the failing
15、 of entire package or packages into sea during loading, transshipment or discharge; Reasonable cost incurred by the insurant on salvaging the cargo or averting or minimizing a loss recoverable under the policy, provided that such cost shall not exceed the sum insured of the consignment; Losses attri
16、butable to discharge of the insured cargo at a port of distress following a sea peril as well as special charges arising from loading, warehousing and forwarding of the cargo at an intermediate port of call or refuge; Sacrifice in and contribution to general average and salvage charges; Such proport
17、ion of losses sustained by the ship owners as is to be reimbursed by the cargo owner under the contract of affreightment both to blame collision clause.1.2 With particular Average: WPA or WA水渍险水渍险 Aside from the risks covered under FPA conditions as above, this insurance also covers partial losses o
18、f the insured goods caused by natural calamities such as heavy weather, lightning, tsunami, earthquake or flood (excluding FPA).1.3 All risks: AR一切险一切险 Aside from the risks covered under the FPA and WA conditions as above, this insurance covers 11 additional risks. In other words, all risks are the
19、most comprehensive coverage among the three.1.4 Exclusions三种基本险的除外责任三种基本险的除外责任 1. Loss or damage caused by the intentional act of fault of the insured; 2. Loss or damage falling under the liability of the consignor; 3. Loss or damage arising from the inferior quality or shortage of the insured goods
20、 prior to the attachment of this insurance; 4. 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 therefore; 5. Risks and liabilities excluded by the ocean marine cargo war risks clauses and strike, r
21、iot and civil commotion clauses of CIC.1.5 Insurance Duration保险期限（保保险期限（保险责任的起讫）险责任的起讫） We take the practice stipulated by the International Insurance Market called Warehouse to Warehouse Clause to decide the insurance duration. 2. Additional Risks 附加险别 Additional Risks include General Additional Ri
22、sks and Special Additional Risks. General Additional Risks shall go with FPA and WPA according to the characteristics of the cargo. If General Additional Risks is insured, it is All Risks insured. Therefore, General Additional Risks are in the coverage of All Risks. There is no need to apply for Gen
23、eral Additional Risks if All Risks are obtained.2.1 General Additional Risks一般附加一般附加险（险（11种）种） 1. Theft, Pilferage and Non-delivery 偷窃、提货不着险 2. Fresh Water Rain Damage; F.W.R. 淡水雨淋险 3. Risk of Shortage短量险 4. Risk of Intermixture & Contamination混杂、沾污险 5. Risk of Leakage渗漏险 6. Risk of Clash & Breakage
24、碰撞、破碎险 7. Risk of Odor串味险 8. Damage Caused by Heating & Sweating受热、受潮险 9. Hook Damage钩损险 10. Loss or Damage Caused by Breakage of Packing包装破裂险 11. Risks of Rust锈损险2.2 Special Additional Risks特殊附加特殊附加险险 2.2.1 War Risk战争险 War Risk is one of the main types of Special Additional Risks. Though it cannot
25、be solely insured, it is more independent than other additional risks. It includes Insurance Coverage, Exclusions, and Commencement and Termination.2.2.2 Strikes Risk; S.R.C.C. Strike Riots and Civil Commotions罢工险 It covers loss of or damage to the cargo insured directly caused by acts of strikers a
26、nd locked-out workmen. But it does not cover loss of or damage to the cargo caused by lack of labor force or failure to apply the workforce. For instance, cargo suffers losses without fuel added or due to the malfunction of the air-conditioner. Lesson 4 Institute Cargo Clauses 伦敦保险协会海运货物保险条款伦敦保险协会海运
27、货物保险条款 1.Different Kinds of ICC clauses 伦敦保险协会修订的海运货物保险条款种类 1) Institute Cargo Clauses A, ICC A 协会货物条款（A） 2) Institute Cargo Clauses B, ICC B协会货物条款（B） 3) Institute Cargo Clauses C, ICC C协会货物条款（C） 4) Institute War Clauses (Cargo) 协会战争险条款 5) Institute Strikes Clauses (Cargo) 协会罢工险条款 6)Malicious Damage
28、 Clauses恶意损害险条款 The first 5 kinds can be independently covered without being attached to any other particular coverage. Meanwhile, ICC A clauses include malicious damage clauses, but malicious damage clauses should be attached to ICC B or ICC C. 前5种险别可以单独投保。另外，ICC（A）险中包括恶意损害险，但在投保ICC（B）险或ICC（C）险时，应另
29、行投保恶意损害险。Lesson 5 Insurance Terms in Sales Contract 合同中的保险条款合同中的保险条款 1. Insurance Terms in Sales Contract 合同中的保险条款 Under FOB, CFR, FCA or CPT terms, insurance terms may simply be stipulated as: “Insurance to be covered by the buyer”. Under CIF or CIP terms, the sales contract shall indicate specific
30、 insurance amount and risks covered.” For example: “insurance is to be covered by the seller for 110% of the invoice value against All Risks and War Risk as per Ocean Marine Cargo Clauses of the Peoples Insurance Company of China dated on Jan.1, 1981”.2. Insurance Practice of China Export Companies
31、我国外贸企业办理货物运输保险的做法 2.1 Export Insurance 出口货物运输保险逐笔投保 According to the export contract or the Letter of Credit, after preparing the goods and confirming shipping tools and shipping dates, the seller shall apply for insurance and fill in an insurance policy which indicates name of the insurant, name an
32、d quantity of the cargo insured, packing methods, shipping marks, port of shipment and destination, name of vessel and voyage number, insurance amount, risks covered, insurance date and place for settlement.Several ways of calculating the insurance premium are listed as follows: 2.1.1 Amount Insured
33、保险金额投保金额 It is the maximal indemnity paid by the insurer, which is the basis of checking the insurance premium. 是保险公司可以赔偿的最高金额，也是核算保险费的基础。 Customarily, Amount Insured=CIF(1+10%) 习惯上按发票金额加一成（即10%）投保加成：预期利润、业务费用。 保险金额CIF（总值）（110%） 2.1.2 Premium保险费 It is the consideration paid by the insurer to the ins
34、urant, laying the pre-conditions for the insurer to undertake the insurance liability. 保险费是投保人给保险人的对价，是保险人承担保险责任的前提条件。2.1.3 Premium Rate Insurance Premium is determined by the amount insured and the premium rate. The Premium Rate is determined by risks covered and loss rate. 保费率是计收保险费的依据。保险人交纳保险费的多少
35、主要取决于保险金额和保费率，保费率是根据保险险别、风险大小、损失率高低制定的。 Insurance Premium = Insurance Amount Premium Rate= CIF(1+10%) Premium Rate 保险费的计算公式： 保险费保险金额X保费率CIF（110%（投保加成率）保费率3. Insurance Documents 保险单据 3.1 Definition 保险单据的定义 An insurance document is the evidence of the insurance contract entered into by the insurer and
36、 the applicant or the insurant. It serves as a document defining the obligations of the insurer and the insurant. It is also the document according to which the insurant lodges a claim and the insurer settles a claim when the loss or damage which is answerable under the terms of the coverage occurs.
37、 Under CIF and CIP contracts, the seller must provide the buyer with insurance documents. And insurance documents are negotiable by endorsement.3.2 Types of Insurance Documents 保险单据的种类保险单据的种类 3.2.1 Insurance Policy保险单 3.2.2 Insurance Certificate保险凭证Case study 本章案例本章案例 Case 1 Our exporter exported a
38、load of cargo to a Middle-East country under CIF terms and covered WPA in addition to TPND, but the vessel was detained as a result of the Iran-Iraq war. The importer lodged a claim to the insurance company. Can the importer be compensated? Case 2: In the previous case, which type of insurance should be covered so that the insurance shall make indemnity?
