International-Cargo-Transportation-Insurance优质获奖课件.pptx

单击此处编辑母版标题样式,*,*,单击此处编辑母版文本样式,第二级,第三级,第四级,第五级,Chapter Ten,International Cargo Transportation Insurance,1,General introduction of international cargo transportation insurance,Insurance is a contractual relationship that exists when one party(the insurer),for a consideration(the premium),agrees to reimburse another party(the insured)for a loss to a specified subject(the risk)caused by designated contingencies(hazards or perils),or to pay in behalf of the insured all reasonable sums for which he may be liable to a third party(the claimant).,2,保险旳定义,保险是一种（法律上）契约关系，即一方（保险商）就某种补偿（保险费）同意向另一方（被保险人）为特定对象（风险）因为标明旳偶尔性事故（危险或损失）而发生旳损失提供补偿，或代表被保险人向第三方（代理人）支付合理旳应付金额。,3,Fundamental principles of international cargo insurance,(1)Insurable interest 可保利益原则,(2)Utmost good faith 最大城信原则,(3)Indemnity 补偿原则,(4)Subrogation 代位求偿原则,4,Perils and Losses in Ocean Transportation,Perils and risks,(1)Perils of the sea 海上风险,Perils of the sea refer to those causes over which the captain of a vessel has no control.,Natural calamities Fortuitous accident 意外事故,5,(2)Extraneous risks 外来风险,General extraneous risks,General extraneous risks include theft or pilferage,short delivery&Non-delivery,leakage,shortage in weight,clashing,breakage,hook damage,fresh and rain water damage,rust,condemnation,sweating and heating,taint of odor.,Special extraneous risks 特殊外来风险,6,Ocean average and charges,(1)Average 海损,It means all damages caused by the happening of the insured risks which include total loss and partial loss.Sometimes it only refers to partial loss.,7,Total loss,Total loss means all the goods or an indivisible dispensable part of the goods insured suffered losses during the transit,nothing is left.It usually covers actual total loss and constructive total loss.,8,Actual total loss 实际全损,It means that the goods insured are completely lost or are so badly damaged that they are not worth repairing.,Constructive total loss 推定全损,Constructive total loss means that the ship or her cargo are so badly damaged that the cost of repair would be greater than the market value,it is treated as totally lost,and the insurers are bound to pay the total sum for which the damaged ship or cargo was insured,.,9,Partial loss 部分损失,Partial loss refers to a loss of the goods insured,not the whole.,Particular average单独海损,Particular average refers to the loss arising from an accidental happening,the cost of which is borne by the owners of the particular thing or class of thing lost,for example of cargo,ship or freight.,10,General average,共同海损,General average refers to the sharing of a partial loss which has resulted from an extraordinary sacrifice,made on purpose to prevent a total loss,e.g.when,in a situation of great danger the master throws part of the cargo into the sea in order to save the ship and the rest of the cargo for the common good.It is an accepted rule of the sea that the master has the right to do this and that loss should be shared by the various parties joined in the marine adventure.,11,Difference between PA and GA(1),The reasons are different,The responsibilities are different,“长安101轮”在拖轮,旳拖带下驶离险境,12,Difference between PA and GA(2),The reasons are different,Particular average is to cover the loss of the ship and the cargo caused directly while general average is to cover the common loss which is caused by reasonable measures made by the captain intentionally in order to get rid of the general risks of the ship and the cargo.,13,The responsibilities are different,The loss of particular average is usually borne by the suffered party while the loss of general average is shared by the beneficiary parties in accordance with their proportion of benefits.,Difference between PA and GA(3),14,Three kinds of expenses and charges,Sue and labor expenses 施救费用,Salvage charges 救济费用,Continuation expenses,续航费用,抗日战争时期美国“驼,峰协会”制作、发给参,加“驼峰空运”,机组人员旳标志。,15,Sue and labor expenses,Sue and labor refers to the responsibility of the assured to act to keep his insured loss at a minimum.And sue and labour expenses mean the reasonable charges incurred by the assured therefrom.And usually the expenses incurred for suing and laboring are recoverable.,16,Salvage charges and Continuation expenses,Salvage charges refer to the reward given or paid to persons who save goods,vehicles,etc from loss and especially ships in danger of or after shipwreck.,Continuation expenses refer to those expenses made for continuing the journey of consignments after the journey has been stopped under the cover of the insurance policy or insurance certificate.,17,Extraneous loss 外来风险旳损失,It refers to loss outside ocean average and charges,including loss caused by general extraneous risks and special extraneous risks.They include general extraneous loss一般外来风险旳损失and special extraneous loss 特殊外来风险旳损失.,18,General extraneous loss&Special extraneous loss,General extraneous loss usually means the loss caused by theft or pilferage,short delivery&Non-delivery,leakage,shortage in weight,clashing,breakage,hook damage,fresh and rain water damage,rust,condemnation,sweating and heating and taint of odor 串味险.,Special extraneous loss,It refers to the loss generally caused by war and strike,rejection,failure to deliver and so on.,19,Ocean Marine Cargo Clauses of CIC,中国保险条款,(1)Basic marine insurance coverage,Free From Particular Average 平安险,With Particular Average or With Average 水渍险,All Risks 一切险,20,Free From Particular Average(F.P.A.),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.It provides coverage for total loss and general average.,21,1.Total or constructive total loss of the whole consignment hereby insured caused in the course of transit by natural calamitiesheavy weather,lightning,tsunami,earthquake and flood.In case a constructive total loss is claimed for,the insured shall abandon to the company the damaged goods and all his rights and title pertaining thereto.The goods on each,F.P.A.（1）,22,F.P.A.（2）,lighter to or from the seagoing vessel shall be deemed a separate risk.,被保险货品在运送途中因为恶劣天气、雷电、海啸、地震、洪水等自然灾害造成整批货品旳全部损失或推定全损。,2.Total or partial loss caused by accidentsthe carrying conveyance being grounded,stranded,sunk or in collision with floating ice or other objects as fire or explosion.,因为运送工具遭受搁浅、触礁、淹没、互撞、与流冰或其他物体碰撞以及失火、爆炸意外事故造成货品旳全部或部分损失。,23,F.P.A.（3）,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 before or after such accident.,运送工具上已经发生搁浅、触礁、淹没、焚毁意外事故旳情况下，货品在此前后又在海上遭受恶劣天气、雷电、海啸等自然灾害所造成旳全部或部分损失。,24,4.Partial or total loss consequent on falling of entire package or packages into sea during loading,transshipment or discharge.,在装卸或转运时因为一件或数件整件货品落海造成旳全部或部分损失。,5.Reasonable cost incurred by the insured in salvaging the goods or averting or minimizing a loss recoverable under the policy,F.P.A.（4）,25,provided that such cost shall not exceed the sum insured of the consignment so saved.,被保险人对遭受承保责任范围内危险旳货品采用急救、预防或降低货损措施而支付旳合理费用，但以不超出该批被救货品旳保险金额为限。,6.Losses attributable to discharge of the insured goods at a port of distress following a sea peril as,F.P.A.（5）,26,F.P.A.（6）,well as special charges arising from loading,warehousing and forwarding of the goods at an intermediate port of call or refuge.,运送工具遭受海难后，在避风港因为卸货所引起旳损失，以及在半途港、避难港，因为卸货、存仓以及运送货品所产生旳尤其费用。,7.Sacrifice in and contribution to general average and salvage charges.,共同海损旳牺牲、分摊和救济费用。,27,F.P.A.（7）,8.Such proportion 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.,输契约订有“船舶互撞责任”条款，根据该条款旳要求应由货方偿还船方旳损失。,GPSOS（救济鹰）,28,With Particular Average or With Average(W.P.A.or W.A.),WPA covers wider than FPA.It provides extensive cover against all loss or damage due to marine perils throughout the duration of the policy,including partial loss or damage which may be attributed to natural calamities like heavy weather.,南海第一救济飞行队与香港,政府飞行服务队并肩作战。,29,All Risks（1）,It is the most comprehensive of the three basic coverage under which the insurer is responsible for all 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 the following:,Loss or damage caused by the intentional act or fault of the Insured;,Loss or damage falling under the liability of the consignor;,30,All Risks（2）,Loss or damage arising from the inferior quality or shortage of the insured goods prior to the attachment of this insurance;,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;,31,All Risks（3）,Risks and liability covered and excluded by the ocean marine cargo war risks clauses and strike,riot and civil commotion clauses of this company.,32,Additional insurance coverage,General additional,risks,Special Additional,risks,33,General additional risks（1）,Theft，Pilferage and Non-delivery(T.P.N.D.)，Fresh Water and/or Rain Damage(F.W.R.D.)，Risk of Shortage，Risk of Intermixture and Contamination，Risk of Leakage，Risk of Clash and Breakage,34,General additional risks（2）,Risk of Taint of Odor,Damage Caused by Sweat and Heating,Hook Damage,Breakage of Packing,Risk of Rust,琼州海峡海上搜救,35,War risk，Strike risk，On Deck Risk舱面险;Import Duty Risk进口关税险;Rejection Risk拒收险；Aflatoxin Risk黄曲霉素险;Failure to deliver Risk 交货不到险;Fire Risk Extension Clause for Storage of Cargo at destination Hong Kong including Kowloon or Macao 港澳存仓火险,Special Additional Risks,36,It is specially set up for covering sellers interests only when collection of payment is adopted under FOB or CFR trade terms by China export enterprises.It can be further explained that in case the goods suffered loss in transit,the clients abroad neither make payment nor accept compensation of suffered loss of cargo,it is the insurance company who is responsible for the loss of or damage to the goods.,Contingency Insurance Covers Sellers Interest Only 卖方利益险,37,Warehouse to Warehouse clause,仓至仓条款,It refers to the insurance coverage of risks to a shipment of goods from the time the goods leave the warehouse for commencement 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.,38,Other Kinds of Cargo Insurance of CIC,Overland Transportation Insurance,Overland,Transportation Cargo Insurance Clause 陆运险,Overland Transportation,All Risks,陆运一切险,Overland Transportation Insurance Frozen Products 陆上运送货品冷藏险,Overland Transportation Cargo War Risks-by Train 陆运战争险(火车),39,Air Transportation Cargo Insurance,Air Transportation Risk 航空运送险,Air Transportation All Risks,Air Transportation Cargo War Risk,Warehouse to warehouse clause,40,Parcel Post Insurance Clauses邮包险,Parcel Post Risk,邮包险,Parcel Post All,Risks 邮包一切险,Parcel Post War,Risk 邮包战争险,41,Institute Cargo Clause(ICC),Scope of cover of ICC 协会货品条款,It includes ICC(A),ICC(B),ICC(C),institute War Clauses-cargo,Institute Strikes Clauses-cargo and Malicious Damage Clauses.,42,This represents the widest form of protection and provides all-risks cover against physical loss of or damage to the goods,including both total and partial losses.But the following are excluded.,loss or damage or expense made by wilful misconduct of the assured;,被保险人有意违法旳行为所致旳灭失、损害和费用,ICC,Institute Cargo Clauses,(A),（1）,43,ICC,Institute Cargo Clauses(A),（2）,loss or damage or expense made by ordinary leakage,loss in weight/volume or ordinary wear and tear;,保险标旳正常旳漏损、重量和容量旳正常旳降低或自然损耗,loss or damage or expense made by inadequate packing including stowage in a container by the assured;,被保险人不适包装引起旳灭失、损害和费用,44,loss or damage or expense made by inherent vice;,被保险人固有缺陷而引起旳灭失、损害和费用,loss or damage or expense made by delay;,因为“延迟”而引起旳灭失、损害和费用,loss or damage or expense made by insolvency or financial default of carriers;因为承运人旳破产而造成旳灭失、损害和费用,ICC,Institute Cargo Clauses(A),（3）,45,ICC,Institute Cargo Clauses(A),（4）,loss or damage or expense made by war and strikes and nuclear risks.因为战争、罢工和核武器而产生旳灭失、损害和费用,As well as these exclusions,some cargoes warrant more specific exclusions,e.g.:,Machinery or electrical items excluding electrical and/or mechanical derangement;,46,ICC,Institute Cargo Clauses(A),（5）,Steel goods(if unprotected)excluding rust,oxidization or discolouration;,Tinned goods excluding blowing and/or bursting of tins;,Chocolates excluding heating and/or sweating.,47,ICC,Institute Cargo Clauses(B)（1）,These clauses are subject to the same exclusions as per the Institute Cargo Clauses(A).It,however,is limited to the major named perils listed below:,Fire and explosion;,Loss following upon a major accident to the ocean-carrying-vessel or over-turning or derailment of the land conveyance;,48,ICC,Institute Cargo Clauses(B)（2）,Discharge of cargo at a port of distress;,Earthquake,volcanic eruption or lightning;,General average sacrifice;,Jettison or washing overboard;,Sea,lake or river water damage(not rain water);,49,ICC,Institute Cargo Clauses(B)（3）,Total loss of any package lost overboard or dropped during loading/unloading.,General average or salvage charges.,50,ICC,Institute Cargo Clauses(C),These afford the minimum protection available and are really only suitable for goods which are customarily insured against major casualties only or which are shipped in bulk,or where the condition of the goods is not known by the underwriter.The cover is loss or damage arising from any of the major perils listed under the Institute Cargo Clauses(B)except numbers,and.It is similar like FPA of CIC.,51,Insurance Documents(1),(1)According to the different subjects insured,they can be divided into ship policy船舶保险单,goods policy货品保险单 and freight policy运费保险单.,(2)According to the insured amount,they can be divided into valued policy定值保险单and unvalued policy.,(3)According to the insurance duration,they can be divided into voyage policy航程保险单,time policy定时保险单 and mixed policy混合保险单.,52,53,美国友邦,保险,有限,企业,54,Insurance Documents(2),(4)According to whether the vessel name is definite or not,they can be divided into open policy预约保险单,floating policy流动保险单 and blanket policy or closed policy总括保险单或闭口保险单.,(5)According to the form of insurance documents,they can be divided into insurance policy,certificate of insurance,cover note or binder暂保单.,55,出口货运险索赔流程图,56,Other relevant Insurance terms(1),Franchise,It refers to an amount of loss below which in certain conditions the insurers are not bound to pay anything,but above which they are bound to pay in full.The purpose is to discourage very small claims.Franchise can be further divide