导图社区 第六章Cargo Transportation Insurance
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第六章Cargo Transportation Insurance
国际贸易实务英文版第五版第六章Cargo Transportation Insurance思维导图，一起来看吧！
编辑于2023-06-11 14:04:15 广东
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Cargo Transportation Insurance
Fundamental Principles of Cargo Insurance
The Insurable Interest Principle
Ownership of the Goods
Charge of Insurance(Premium)
Freight
The Utmost Good Faith Principle
the U'tmost Good Faith Principle
the Bona Fide Principle
The Indemnity Principle
the total indemnification shall be limited to the insurance amount
the total indemnification shall be limited to the actual loxs suffered by the insured
The Proximate Cause Principle
If there are several causes operating and all these causes are within the scope of insurance coverage, the insurer should pay the claim.
In the event that the loss or damage is caused by several causes and some are within the scope of insurance coverage but some are out of the insurance coverage, then the insurer should try to find out the dominant one. If the former cause is within the scope of insurance coverage and the latter one is out of the scope of insurance coverage, provided there is a direct chain of causation between them, the former cause is regarded as the proximate cause and the insurer shall be held responsible for the loss or damage.
the amount of indemnification shall be limited to the insurable interest of the claimant.
If the former cause is within the exclusion of the coverage and there is a direct chain of causation between the former and latter cause, the proximate cause is considered out of the scope of insurance coverage and the insurer need not be held responsiblefor the loss or damage.
The Subrogation Principle
the loss of or damage to the subject matter insured is caused by a third party
the loss or damage occurred shall fall within the scope of the insurance coverage
the insurer shall make the indemnity first to the claimant before he asks it back from the third party
The Share Principle
each insurer shall compensate a share in proportion to his respective insurance amount in the total amount of double insurance.
to pay the insured to the extent of the sum written against his own name, that is, to the amount of his subscription or, in case of partial loss, some proportion of that sum.
Marine Risks and Losses
Marine Risks
Perils of the Sea
Natural calamities
heavy weather, lightning, tsunami, earthquake, volcanic eruption, thunderbolt and so forth
unexpected accidents/fortuitous accidents
fire, explosion, vessel stranding, grounding, sinking or capsizing, collision, missing and so on
Extraneous Risks
Genenal extraneous risks
theft, fresh witer rain, shortage, leakage, clash and breakage, odor, heating and sweating, hook damage,rust, breakage of packing
Special extraneous risks
military factors, political factors and government regulations such as war, striking, confiscation, and so forth
Marine Losses
total loss
Actual Total Loss
the cargo has been totally lost or, has been damaged to the extent that it has lost its original usage
Constructive Total Loss
the cargo is not totally lost, but the actual total loss shall be unavoidable or the restoration fees together with other miscellancous expenses will exceed the anticipated amount of profit when the cargo is delivered to the destination
Partial Loss
General Average (GA)
a partial and deliberate sacrifice of the ship, freight, cargo, or the additional expense
The danger that threats the comnon safety of cargo and/or vessel shall be materially existent and is mot forrseen.
The measures taken by the master shall be aimed to nemove the comumon danger of both vessel and cargo and shall be undertaken deliberately and reasonably for common safery.
The sacrifice shall be specialised and not cancsed by perils direcdly and the expense incurred shall be additional expense which is not within the operating budget.
The actions of the ship's master shall be successfiul in saving the voyage
calculation
Total GA Loss=the sum of sacrifice+the extraordinary expenses
Total GA Contributory Value = the actual value of the property saved+ the sum of sacrifice
GA Contribution Rate =Total GA Loss/ Total GA Contributory Value*100%
Particular Average
falls entirely upon the particular owner of the property who has suffered the damage.
Expenses Incurred
Sue and Labor Expenses
Sue and Labor Expenses are for the sole benefit of the subject matter insured.
Salvage Charges
Coverage of Marine Cargo Insurance of CIC
Basic Marine Insurance Coverage
FPA (Free from Particular Average)
WPA (With Particular Arerage)/WA (With Arerage)
AIl Risks
Additional Insurance Coverage
General Additional Insurance Coverage
TPND (Theft, Pilferage and Non-delivery)
Fresh Water Rain Damage
Risk of Shortage
Risk of Intemixture
Risk of Leakage
Risk of Clash and Breakage
Risk of Odor
Heating and Sweating Risk
Hook Damage
Risk of Raust
Breakage of Packing Damage
Special Additional Insurance Coverage
War Risks
Srrike, Riots & Commotions (SRCC)
Failure to Delivery Risk
Import Duty Risk
On Deck Risk
Rejection Risk
Aflatoxin Risk
Fire Risk Extension Clause
Exclusions
A.R.
W.P.A.
F.P.A
1.Total loss
Actual total loss
Constructive total loss
due to
a.natural calamities
b.fortuitous accidents
2.Partial loss due to natural calamities,where the conveyance being grounded.stranded,sunk or bumt before or afier the accidents
3.Total or partial loss caused by accidents and consequent on falling of entire package during loading.unloading or transshipment
4.Reasonable expenses the insured makes for the salvage of the goods insured,and for averting or minimizing the losses
5.Loss due to discharge of the insured goods at a port of distress following a sea peril as well as special charges arising from loading,warehousing and forwarding of the goods at an intermediate port of call or refuge
6.Sacrifice in and contribution to salvage charges
7.Loss due to"Both to Blame Collision"Clause
8.Partial loss caused directly by natural calamities
9.Loss or damage due to extemal causes including general extraneous risks, excluding special extrancous risks and exclusions
Insurance Duration
Warehouse to Warehouse Clause (W/W Clause)--60days
Coverage of Marine Cargo Insurance of ICC
Institute Cargo Clause (C) - ICC (C)
Institute Cargo Clause (B) - ICC (B)
Institute Cargo Clause (A) - ICC (A)
I.C.C.(A)
I.C.C.(B)
I.C.C.(C)
1.fire or explosion
2.vessel oe cruft being stranded,grounded,sunk or capsized
3.overturning or derailment of land conveyance
4.callision or contact of vessel,cran or conveyance with any extemal objeet other than water
5.discharge of cargo at a port of distress
6.geneml average sacrifice
7.jettison
8.earthquake,volcanic eruption or lightning
9.washing overboard
10.entry of sea.lake or river wuter into vessel,craf,comveyance,contniner,liftvan or place of storage
11.total loss of any package lost overboard or dropped whilst loading onto,unloading from veascl or craft
12. all risks of loss of or damage to the subject-matter insured
13.gneral average and salvage charges
14."Both to Blame Collision"
Other Types of Cargo Insurance
Overiand Transportation Insurance
Overland Transportation Risks
Overland Transportation All Risks.
Air Transportation Insurance
Air Transportation Risks
Air Transportation All Risks
W/W clause-- the insurance shall be limited to 30 days after completion of discharge of the insured goods from the aircraft at the final airport of discharge
Parcel Post Insurance
Parcel Post Risks
Parcel Post All Risks
W/W Clause --the insurance terminates on the expiry of 15 days counting from the midnight of the day when the notice of arrival of the parcel is issued by the post office at the destination.
Procedures of Cargo Insurance
To Calculate the Insurance Amount
Insurance amount =CIF (CIP) x(I+markup rate)
To Determine the Insurance Coverage
the insurance covernge for CIF or CIP is the minimum coverage
To Obtain the Insurance Premium Rate
The premium rate is usually decided by insurance company and it may vary
To Apply for Marine Cargo Insurance and Pay the Insurance Premium
That the applicant pays the premium is the precondition for the insurance contract to become valid
Insurance Premium (I) = insurance amountxpremium rate (R) = CIF(CIP)x(1+markup rate)xpremium rate (R)
To Obtain an Insurance Document
Insurance Policy
the most commonly used document that contains all the details concerning the goods, coverage, premium and the insured amount on the face and the detailed contract terms at the back.
Insurance Certificate
simplified form of the insurance policy certifying that insurance has been effected and that a Policy has been issued
Open Policy
also known as Open Cover, provides coverage for all goods shipped by the insured during a given period while the Policy is in effect.
Combined Certificate
the simplified form of Open Policy and is usually combined with the invoice in practice
To Lodge a Claim at the Time of Loss or Damage
Prerequisites for a Claim
the risks exposed to the goods insured should fall within the insurance coverage stipulated in the Insurance Policy
the claimant shouldbe able to evidence the insurable interest he has in the goods insured.
the risks covered should occur within the duration of the insurance liability.
Advice of Losses
Presentation of Documents for a Claim
Time Valid for a Claim
shall not exceed a period of two years counting from the time of completion of discharge of the insured goods from the seagoing vessel at the port or place of the final destination named in the policy.
Payment of a Claim
Franchise
deductible franchise
he loxs or damage exceeds the percentage allowed, the insurance company needs merely indemaify the exceeding part to the insured
non-deductible franchise
the loss or damage exceeds the franchise percentage, the insurance company shall indemnify full amount to the insured
Insurance Terms in the Sales Contract
ambiguous clauses such as "usual risks" or "customary risks" should be avoided