1、Unit Twelve Insurance,What is the purpose of insurance?,house against fire. You can insure your car against accident/theft.nose against harm.life insurance.health insurance. You can effect a endowment insurance.养老保险accident insurance.burglary and robbery insurance.,风险： risks, perilstotal loss 损失：los
2、ses particular averagepartial loss (单独海损）general average（共同海损） 险别：risks, perils, coverages保险公司按照不同险别包括的风险所造成的损失和发生的费用承担赔偿责任，所以在保险业务中风险、损失和险别三者有着紧密的联系，为此，我们对保险公司所能承保的风险与损失的种类和内容必须有准确的理解。,Risks in Cargo Transportation,Risks in cargo transportation are of many kinds. Different risks mean different loss
3、es And different risks are covered by different insurance clauses and different insurance clauses mean different premiums保险费 . So we need to have a good understanding of the different risks and losses before we know how to effect insurance. In marine cargo transportation insurance, risks fall into p
4、erils of the sea海难 and extraneous risks外来风险.,Perils and Losses in Ocean Transportation Perils and risks风险,1.Perils of the Sea海难/海上风险 Natural calamities海上发生的自然灾害 Fortuitous accidents意外事故 2.Extraneous risks外来风险 General extraneous risks Special extraneous risks,Part 1. Perils and Losses in Ocean Transp
5、ortation,Perils and riskskinds of perils 风险种类In marine insurance, perils are generally of two kinds.1. Perils of the sea 海上风险（又称海难）（1）Natural calamities 海上发生的自然灾害Natural calamities cover vile weather(恶劣气候)，thunder and lightening(雷电)，tsunami(海啸， tidal waves), earthquake, floods and other irresistible
6、 disasters.（不可抗拒的灾害）,Part 1. Perils and Losses in Ocean Transportation,（2） Fortuitous accidents 意外事故Fortuitous accidents mainly include ship stranded (搁浅), striking a rock, ship sinking(沉没), ship collision(互撞), colliding with icebergs or other objects, fire, explosion and ship missing and other acci
7、dents with sea characteristics.,Part 1. Perils and Losses in Ocean Transportation,2. Extraneous risks 外来风险Extraneous risks refer to risks outside perils of the sea.（1）General extraneous risks 一般外来风险General extraneous risks include theft, breakage, leakage, contamination, sweat and heating(受潮受热), tai
8、nt of odor(串味), hook damage(钩损), shortage(短量) and rust(锈损),Part 1. Perils and Losses in Ocean Transportation,（2）Special extraneous risks 特殊外来风险Special extraneous risks refer to risks resulting from military affairs, political and administrative rules such as war, strikes, failure to deliver(交货不到), r
9、ejection(拒绝收货),Part 1. Perils and Losses in Ocean Transportation,Ocean average 海损When used for insurance, the word average has not the usual meaning. Average means loss sustained in sea transportation. According to the extent of the loss, it is divided into total loss and partial loss. （1） Total los
10、s 全损Total loss means all the goods insured suffered loss.,Part 1. Perils and Losses in Ocean Transportation,（2） Partial loss 部分损失A partial loss is any loss other than a total loss. A partial loss may include a particular average loss(单独海损), a general average loss(共同海损) and particular charges(特殊收费).
11、Thus there are two distinct types of partial loss.（）Particular average lossIt is the accidental意外的 damage to part of the cargo. The average (damage) is not caused by deliberate act of a person for the common benefit and that loss must be borne exclusively by the owner of the property suffering the l
12、oss and is termed a particular average.单独海损是指被保险货物遭受海损后，其损失未达到全损程度，而且是无共同海损性质的部分损失，应由受损方单独承担。,Part 1. Perils and Losses in Ocean Transportation,（）General average loss 共同海损A loss may be accidental意外的 or intentional人为的. A general average loss is caused intentionally, and such a loss is beneficial to o
13、thers, then those who have benefited should share that loss. Thus a general average loss is a loss resulting from a voluntary sacrifice or expenditure in time of peril, for the safety of hull, cargo and freight.（共同海损是指在发生危险时，为了船舶、货物和运输的安全作出自愿牺牲或为此付出费用所引起的损失。）共同海损是指载货船舶在海运途中遇到危及船货的共同危险，船方为了维护船舶和所有货物的
14、共同安全或使航程继续完成，有意识地并合理地作出某些特殊牺牲或支付一定的特殊费用，这些特殊牺牲和费用叫做共同海损。,Part 2. Ocean Marine Cargo Clauses of China Insurance Clauses (CIC) 海洋运输货物保险条款（中国保险条款）,Ocean Marine Cargo Clauses of the Peoples Insurance Company of China was constituted in 1972 and revised in 1976 and 1981.There are mainly two types of insu
15、rance coverage: basic coverage (基本险) and additional coverage(附加险)。 Basic coverage mainly includes FPA(平安险),WPA(水渍险) and All Risks. Additional coverage includes general additional coverage and special additional coverage.,Part 2. Ocean Marine Cargo Clauses of China Insurance Clauses (CIC),Basic marin
16、e insurance coverage1. FPA( free from particular average)平安险FPA is a limited form of cargo insurance cover under which partial loss or damage resulted from natural calamities is not recoverable, unless these natural calamities occur before or after fortuitous accidents.意外事故 It provides coverage for
17、total losses and general average.共同海损,Part 2. Ocean Marine Cargo Clauses of China Insurance Clauses (CIC),2. WPA or WA水渍险 (with particular average, with average)WPA is a wider cover than FPA. It provides extensive cover against all loss or damage due to marine perils throughout the duration of the p
18、olicy, including partial loss or damage which may be attributed to natural calamities like heavy weather.,Part 2. Ocean Marine Cargo Clauses of China Insurance Clauses (CIC),3. All RisksAll Risks is the most comprehensive of the three basic coverages under which the insurer承保人 is responsible for all
19、 total or partial loss of , or damage to the goods insured either arising from sea perils or general external causes. However, it does not cover loss, damage or expense caused by delay, inherent vice缺陷 or nature of the goods, or special external risks of war, strike, etc.,Part 2. Ocean Marine Cargo
20、Clauses of China Insurance Clauses (CIC),Additional risks1. General additional risks 一般附加险General additional risks cannot be covered independently and should go with FPA or WPA. They are included in All Risks coverage.The following general extraneous risks are to be covered subject to additional pre
21、mium.,Part 2. Ocean Marine Cargo Clauses of China Insurance Clauses (CIC),(1) T.P.N.D( Theft, Pilferage & Non-delivery)偷窃提货不着险 (2) Fresh and/or Rain Water Damage Risk (3) Shortage Risk短量险 (4) Intermixture 混杂& Contamination污损 Risks (5) Leakage Risk渗漏险 (6) Clash &Breakage Risks碰损破碎险 (7) Taint 感染of Odo
22、r Risk串味险 (8) Sweating & Heating Damage受潮受热险 (9) Hook Damage Risk钩损险 (10) Rust Risk锈损险 (11) Breakage of Packing Risk包装破裂险,Part 2. Ocean Marine Cargo Clauses of China Insurance Clauses (CIC),2. Special additional risksSpecial additional risks cover the damage or losses arising from special additional
23、 reasons such as political events, military affairs, national policies and acts, and administrative measures. The special additional risks include:,Part 2. Ocean Marine Cargo Clauses of China Insurance Clauses (CIC),(1) War Risk (2) S.R.C.C (Strikes, Riots暴力, Civil Commotions民变) (3) On Deck Risk仓面险
24、(4) Import Duty Risk进口关税险 (5) Rejection Risk拒受险 (6) Aflatoxin risk黄曲霉险 Failure to Delivery Risk交货不着险 （8）Fire risk extension clause (FREC)火险责任扩展条款for storage of cargo at destination Hongkong, including Kowloon九龙, or Macao.,Part 2. Ocean Marine Cargo Clauses of China Insurance Clauses (CIC),These addi
25、tional coverages are usually taken out together with FPA, WPA and All Risks.,W/W clause-warehouse to warehouse clause仓至仓条款,Just as the usual practice in international insurance market,with regard to the duration of liability of the insurer 保险公司的责任起讫期限in ocean marine cargo insurance海洋运输货物保险条款, CIC 中国
26、保险条款adopts warehouse to warehouse clause(W/W clause), which means insurance coverage of risks to a shipment of goods对运输货物风险的承保生效 from the time the goods leave the warehouse for commencement of transit即保险责任自被保险货物远离起运地仓库 and continue during ordinary course of transit until delivered to final warehouse
27、 at destination自至该货到达保险单所载明的收货人的最后仓库, or until the expiration of 60 days as of the moment of the insured goods are unloaded或被保险货物卸载后满60天为止( 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 ins
28、urance documents.（如未运抵上述仓库或储存处所）则以被保险货物运抵最后缷载的车站满60天为止。,Give the meaning of warehouse to warehouse,The term marine insurance is somewhat misleading. We may think that marine insurance covers risks to a shipment of goods only associated with sea voyage.By agreement of the parties or custom of the tra
29、de, the contract of marine insurance can be extended so as to protect the insured against losses on inland waters or land which are incidental附带的 to the sea voyage. In the export trade, it is usual to,Arrange an extented marine insurance under the “warehouse to warehouse” clause in order to cover th
30、e transportation of goods from the warehouse of the seller to the port of dispatch, and from the port of arrival to the warehouse of the overseas buyer. What is the usual practice in international insurance market, with regard to the duration of liability of the insurer 保险公司的责任起讫期限in ocean marine ca
31、rgo insurance海洋运输货物保险条款？,The insurer is liable to cover the transportation of goods from the warehouse of the seller to the warehouse of the overseas buyer under the W/W clause.,The PICC has its own insurance clauses. China Insurance Clauses (CIC) which are different from the Institute Cargo Clauses
32、 (ICC) 伦敦保险业协会货物条款,Part 3. Institute Cargo Clauses (ICC) 协会货物条款（伦敦保险业协会海洋货物保险条款）,The ICC was initially published in 1912 and has been amended many times. The last version was completed on Jan.1, 1982 and came into force from April 2,1983, in which six insurance coverages are provided, namely:(1) Ins
33、titute Cargo Clause A, or ICC(A); 协会货物(A)险条款(2) Institute Cargo Clause B, or ICC(B); 协会货物(B)险条款(3) Institute Cargo Clause C, or ICC(C); 协会货物(C)险条款(4) Institute War Clause Cargo; 协会战争险条款(货物)(5) Institute Strikes Clause Cargo; 协会罢工险条款(货物)(6) Malicious Damage Clause; 恶意损害险条款,Part 3. Institute Cargo Cla
34、uses (ICC),协会货物（A）（B）（C）三种险别的区别，主要反映在风险条款中，承保风险与除外责任是险别条款中的核心。在（A）险条款中，由于承保责任范围较广，不便把全部承保风险一一列出，采用列出“除外责任”的方式，即除了除外责任外，其他风险责任均予负责。,Part 3. Institute Cargo Clauses (ICC),. ICC(A)This insurance covers all risks of loss of or damage to the subject matter insured保险标的物 except the following exclusions:1.
35、Exclusions of general average:没有共同海损性质的除外责任loss, damage or expense attributable to willful misconduct of the Assured, etc. 由于投保人故意不当行为造成的损失与费用2. Exclusions of unseaworthiness and unfitness不适航,不适货除外责任（主要是指被保险人装船时已知不适航,不适货的情况）3. Exclusions of war 战争除外责任4. Exclusions of strike 罢工除外责任,Part 3. Institute
36、Cargo Clauses (ICC),在（B）险条款中，对承保风险采用“列明风险”方式，即把承保风险一一列举出来，规定明确、肯定，便于投保人投保时选择适当的保险险别，在除外责任上，基本与（A）险规定相同，所不同的是对“海盗行为”风险不负责和恶意损害险的责任也属除外责任。（B）险条款与原水渍险条款相比较，有增加并对原条款在含义上也有扩充。,. ICC(B) 1.This insurance covers （1）fire or explosion(2) vessel 船舶or craft驳船 being stranded, grounded, sunk or capsized(3) overtu
37、rning or derailment出轨 of land conveyance运输工具(4) collision or contact of vessel ，craft or conveyance with any external object外界物体 other than water,. ICC(B)(5) discharge of cargo卸货 at a port of distress避难港(6) earthquake, volcano eruption or lightning(7) general average sacrifice共同海损牺牲(8) jettison 投弃货物
38、or washing overboard(9) entry of sea, lake or river water into vessel ，craft hold ，conveyance container, lift van叉车 or place of storage(10) total loss of any package lost overboard 落海or dropped跌落 whilst loading on to, or unloading from vessel or craft,2. Except for the exclusions of ICC (A), ICC(B)
39、shall not cover除外责任(1)deliberate damage to or deliberate destruction 灭失of the subject matter insured 保险标的物or any part thereof by the wrongful act of any person or persons恶意损害险的责任除外 ( while ICC(A) only excludes loss, damage or expense attributable to willful misconduct of the Assured由于投保人故意不当行为造成的损失与
40、费用)(2)actions of pirates海盗行为,Part 3. Institute Cargo Clauses (ICC),在（C）险条款中，风险责任也和（B）险一样，采用“列明风险”方式，但仅对“重大意外事故”（major casualties) 风险责任，对非重大事故风险和（B）险中的自然灾害风险均不负责。（C）险的风险条款与（B）险相比，免除了下列风险责任（B）险中（6）（9）（10）条）1. 灭失或损害归因于地震、火山爆发、雷电等2. 由于浪击落海，海水、湖水或河水进入船舶、驳船、运输工 具等，以及货物在装卸时落入海或跌落造 成整件的全损等。,Part 3. Institut
41、e Cargo Clauses (ICC),. ICC(C)1. This insurance cover (1)(5)（7）（8）2. The exclusions of ICC(C) are the same as that of ICC(B) 除外责任与（B）险相同,Part 3. Institute Cargo Clauses (ICC),ICC 各个险别条款的结构统一，体系完整，协会新战争险和罢工险在需要时也可作为独立的险别进行投保。,What is a contract of insurance?,It is generally made in the form of an ins
42、urance policy. A contract of insurance is a contract between a party who agrees to accept the risk(the insurer) and a party seeking protection from the risk(the insured). In return for payment of a premium, the insurer agrees to pay the insured a stated sum( or a proportion of it) should the event i
43、nsured against occur. It is a contract of indemnity, a contract to restore to someone, either the full amount of the loss that may be incurred, or a specified percentage of the amount of the loss.,What is the premium?,Premium is the name given to the sum of money paid by the insured.保险费是投保人所付的钱。How
44、is the premium quoted? It is quoted as a percentage of the sum insured.保险费是按投保金额的百分之几计算的。,Insure(cover) the goods FPA(WPA,against All Risks) for the buyers account由买方负担保险费 on behalf of the buyers with an insurance company for the sum of US$ 100,000 at the rate of 0.5%保险费率为千分之五 at slightly higher pre
45、mium at/for 110% of the invoice value,我们已为该货物向保险公司投保平安险和战争险，保险率0.5%，投保额为45,000美元。 We have insured/covered the goods FPA and against War Risk at the rate of 0.5% for the sum of U.S. $45,000 with the insurance company. 我们已按发票金额的110%投保水渍险及战争险。 We have insured W.P.A and against War Risk at 110% of the i
46、nvoice value.,根据你方要求，我们已对台布按发票金额的110%向中国人民保险公司投保一切险。 In compliance with your request, we have covered insurance on tablecloths against All Risks for 110% of the invoice value with the PICC. 我们愿代你方投保。 We will arrange/effect insurance on your behalf. 投保effect/arrange/take out/provide/cover insurance,Q
47、uestions,1. How is the insurance value calculated? 2. For what percentage of the invoice value do we usually effect insurance if a transaction is concluded on a CIF basis? 3. Who will pay the extra premium if insurance is requested to cover more than 110%? 4. At what time is the seller under obligat
48、ion to present a marine insurance policy when goods and sold on CIF basis？ 5. Whom should an insurance claim be submitted to ?,6.What documents must be presented in order to substantiate an ordinary average claim?为了落实货物的正常损失索赔应提交什么单证？,cover or insure?1. cover WPA (FPA, All Risks) and War Risks with
49、(an insurance company)insure WPA (FPA, against All Risks) and against War Risks with (an insurance company),2. Cover insurance FPA (WPA, against All Risks) on the goodsCover/insure the goods FPA(WPA, against All Risks) e.g. 1)We have covered insurance for 110% of the invoice value against All Risks and War Risk.2) We have insured (covered) the goods FPA and against War Risks at the rate of 0.5% for the sum of U.S $45,000 with the insurance company.3) We have insured WPA and against War Risk at 110% of the invoice value.,
