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1、Ocean Marine Cargo Insurance,Overview,Insurance is a contract whereby one party, in consideration of a premium paid, undertakes to indemnify(赔偿) the other party against loss from certain perils or risks to which the subject matter insured may be exposed to. Ocean marine insurance covers ships and th
2、eir cargoes, both on the d waterways high seas(远海) and on inland waterways.,1. NEED FOR INSURANCE,Exporters and importers face all the time uncertainties of loss of their goods. Insurance is used to protect their financial interests against such risks and actual losses.,Two types of risks are covere
3、d by ocean marine insurance.,1) Risks,2) Loses,Ocean marine insurance covers two types of losses, partial loss and total loss.,3) Expenses,Ocean marine insurance also covers some expenses incurred in reducing the loss of the subject matter insured either by the assured himself or a party other than
4、the insurer and/or the assured. This encourages efforts to save the subject matter insured.,Scope of Insurance Coverage,保险险别是指保险人对风险和损失的承保责任范围。在保险业务中，各种险别的承保责任是通过各种不同的保险条款规定的。 China Insurance Clauses，CIC 中国人民保险公司制定的“中国保险条款” Institute Cargo Clauses，ICC 英国伦敦保险协会制定的“协会货物保险条款”,CIC “中国保险条款” 1、基本险别 FPA （F
5、ree from Particular Average，平安险 ） WA或WPA（With Particular Average，水渍险） All Risks （一切险） 2、附加险别 一般附加险 特殊附加险,ICC 英国“协会货物保险条款” 协会货物条款（A） 协会货物条款（B） 协会货物条款（C） 协会战争险条款 协会罢工险条款 恶意损害险条款附加险别,3. FUNDAMENTAL PRINCIPLES OF CARGO INSURANCE,1) Insurable interest 2) Utmost good faith 3) Indemnity 4) Proximate cause
6、and principle of subrogation,1) Insurable interest(可保利益),Insurable means the person insuring must have the absolute ownership of the subject matter insured. Interest means that the person insuring must be the one who stands to bear some financial loss if the risk materializes.,the concept of lost or
7、 not lost.,2) Utmost good faith,This principle requires both the assured and insurer to deal with each other with the highest standard of honesty. Insurance is an exception. In insurance, both the assured and the insurer are placed under an obligation to deal with each other in utmost good faith. If
8、 one party fails to observe this principle, the contract can be annulled by the other party.,3) Indemnity,This concept is concerned with the value of compensation. It is the principle that the assured cannot recover more than his actual loss as the objective of insurance is only to provide compensat
9、ion for the loss suffered by the assured.,The practical way of concluding marine insurance is on the basis of agreed value. The reason is that it is hard to arrive at the value of the lost property if the loss occurs at the sea. The figure of compensation provides an approximation but not exact inde
10、mnity for the assured depending on where the loss occurs, how market fluctuates and if the subject matter insured is undervalued or overvalued.,4) Proximate cause and principle of subrogation,Proximate cause refers to the first peril in a chain of events that results in a loss. This concept concerns
11、 solely with establishing the actual cause of loss of or damage to cargo in order to reduce the underwriters liability to within tolerable limits. It depends on a courts interpretation of the facts in the case.,4. MAIN CATEGORIES OF GENERAL CARGO INSURANCE,1) Free from Particular Average (FPA) of Ch
12、ina Insurance Clauses (CIC, effective January 1, 1981) 2) With Average/With Particular Average (WA/WPA) of CIC 3) All Risks (AR) of CIC 4) Special additional coverage 5) Exclusions of insurance policy,1) Free from Particular Average (FPA) of China Insurance Clauses (CIC, effective January 1, 1981),B
13、efore going to FPA(平安险 ), average terms need to be explained. The word average has a special meaning in cargo insurance. It means partial loss or non-total loss to a ship or cargo, and partial loss in turn means total loss of part of the insured cargo or damage to all or part of the Insured cargo.,P
14、articular average(单独海损 ) means a loss that is borne solely by the owner of the lost property (ship or cargo) general average(共同海损 ) means a sacrifice made for the common safety of both the cargo and the ship. Partial damage of cargo by sea water is,2) With Average/With Particular Average (WA/WPA) of
15、 CIC,WA(水渍险) provides cover against all loss or damage due to marine perils or perils of the sea including partial loss or damage throughout the duration of the policy. This coverage provides protection against damage from sea water caused by heavy weather.ICC (B) has the same coverage plus damage o
16、f package during loading and/or unloading.ICC (B) and (C) provide cover against specified risks only.,3) All Risks (AR) of CIC,Besides the risks covered by FPA and WA, All Risks(一切险) also provides cover against some extraneous risks of loss or damage (eg, theft, pilferage and non-delivery, fresh water rain damage, risk of shortage, risk of intermixture and contamination, leakage risk, clashing and breakage risk, hook damage, loss and/or damage by breakage of packing, rusting risk).,Typi
