some cases about cargo insurance (2) 国贸保险案例(中英)

1、 A ship was on the rocks(触礁) among its voyage ,which lead some goods being damaged and some crannies(裂缝) on decks .Its urgent to fix that. In order to insure the safety of ship and goods ,the captain decided to repair the ship .He unloaded some goods landed then to store that ,however ,partial goods

2、 were damaged during the unloading. It can infer that there are losses as follows: (1)partial goods were lost because the ship was on the rocks (2)unloading fees ,storing fees and goods losses Q: Among the losses above ,which kind of loss each is ?General Average ?Particular Average? QUESTION 1 船舶在航

3、行途中突然触礁，致使部分货物遭到损失，使个别部位的船板产生裂缝，急需补漏。为了船、货的共同安全，船长决定修船，为此，将部分货物卸到岸上并存仓，卸货过程中部分货物受损。 事后统计这次事件造成的损失有： (1)部分货物因船触礁而损失;(2)卸货费用、存仓费用以及卸货过程中部分货物损失。 问从上述各项损失的性质来看，属于什么海损?Answer (1) belongs to Particular Average because it is the loss caused by the ship facing accident (2) belongs to General Average .Becaus

4、e the loss and fees are caused by insuring ship and goods security. 答：(1)是因运输工具遇意外事故而造成的直接损失，属单独海损; (2)是因维护船、货共同安全、进行修船而造成的损失和产生的费用，属共同海损 QUESTION 2 In 2012,the consigner(发货人)-SHAXIN imports and exports company entrusted(委托) one Foreign Trade Transportation Company to convery 750 boxes of tea-leaves

5、 from Dalian port to India ,and this company entrusted its subsidiary S company to take the export .After S company took the entrustment ,it applied shipping space(舱位) from Jetta ocean shipping company .Jetta assigned 3 full load containers named HTM-5005 and etc ,then signed and issued clean B/L ,w

6、hile the container covered war risk and all risks in PICC .QUESTION The goods were arrived at India port ,however, the container found partial tea-leaves were deteriorated(串味变质),then the consignee(收货人) applied for inspection from the PICCS Indian agent ,while the inspection showed that 250 boxes of

7、tea-leaves were polluted .Ships deputy was present(在场)while doing the Inspection . Hence， after compensating the consignee in India ,PICC conducted prosecution from peoples court.Question :How should the court deal with that?2012年，发货人 厦新 公司委托某对外贸易运输公司将750箱茶叶从大连港出口运往印度某对外贸易运输公司又委托其下属S分公司代理出口S分公司接受委托后

8、，向思捷达远洋运输公司申请舱位思捷达公司指派了箱号为HTM-5005等3个满载集装箱后签发了清洁提单，同时发货人在PICC处投保海上货物运输的战争险和一切险货物运抵印度港口。收货人拆箱后发现部分茶叶串味变质收货人向PICC在印度的代理人申请查验,PICC赔付了收货人的损失之后，向人民法院提起诉讼。 Jetta ocean shipping company should ensure that the containers are clean ,dry and out of the smell of the former goods or the residue; Jetta ocean shi

9、pping should be responsible for the losses of the tea-leaves .As the consignee and agent of packing and lead sealing(铅封),S company has the responsibilities to check the boxes before packing and insure the container suitable .Because S company dont obey its responsibility, so it has made mistake and

10、it must bear the losses答案： 思捷达远洋运输公司应保持集装箱清洁、干燥、无残留物以及前批货物 留下的持久性气味；思捷达远洋运输公司应对茶叶的损失负责。 S分公司作为装箱，铅封的收货物人、代理人，应负有在装箱前检查箱体， 保证集装箱适装的义务。S分公司未尽前述义务，主观上有过失， 应承担货损责任。3 QUESTION We signed a contract of fur garment（裘皮服装） with an importer in Germany. The trade term is CIF Hamburg; the payment term is by the

11、irrevocable L/C;(不可撤销信用证）ICC( A) is covered. When producing goods, the manufacturer lowers the humidity(湿度） level of the fur garment and pack them in Kraft paper(牛皮纸), to the carton, finally in the container. 3 QUESTION After goods arrived port of destination, inspection indicated that all goods wer

12、e wet, moldy（发霉的）, contaminated and discolored. The losses amounted to USD80, 000. According to the analysis, the transportation was normal. Q: 1) whether should the insurance company be responsible for compensation? Why? 2) should the importer pay for the damaged goods? Why?3 ANWSER (1) The insuran

13、ce company shouldnt be responsible for compensation.According to exclusions（除外责任）,Losses arising from the inferior quality or shortage in quantity of the consignment before the insurance takes effect.(2) The importer should pay for the damaged goods. Under the CIF,Buyer is based on documents for pay

14、ment.().If the goods have some problem during transit, the buyer needs to ask the insurance company or seller to cover the losses. 4 QUESTION In February 1994 ，a Chinese Textile import and export company signed a contract of transporting 1000 silk shirts to Marseille with a Dalian shipping company.

15、After signing the contract , the import and export company took out FPA for the transportation of the cargoes with an insurance company. On February 20th, after the shipment ,the ship set out. On February 25th, the cargo ship encountered a rare big storm at sea, damaged seriously, and sank on Februa

16、ry 26th. On March 20th. Textiles import and export company required compensation for cargoes to insurance company, but insurance company refused to compensate with the reason that the losses were caused by natural disasters, so Textiles import and export company sued to the court to require insuranc

17、e companies to make compensation. Question: whether should the insurance company be responsible for compensation? 案例 1994年2月，中国某纺织进出口公司与大连某海运公司签订了运输1000件丝绸衬衫到马赛的协议。合同签订后，进出口公司又向保险公司就该批货物的运输投保了平安险单。2月20日，该批货物装船完毕后启航，2月25日，装载该批货物的轮船在海上突遇罕见大风暴，船体严重受损，于2月26日沉没，3月20日.纺织品进出口公司向保险公司就该批货物索赔，保险公司以该批货物由自然灾害造成

18、损失为由拒绝赔偿，于是，进出口公司向法院起诉，要求保险公司偿付保险金。 问题： 本案中保险公司是否应负赔偿责任 Answer :The insurance company should be responsible for compensation. According to the Peoples Insurance Company of China Ocean Marine cargo clause of the regulation, the Marine cargo insurance coverage is divided into two major categories , ba

19、sic and additional coverage. The basic coverage can be taken out individually ,it mainly insured the losses resulting from the perils of the sea, including the FPA, WPA and AR .FPA does not provide coverage for partial loss caused by natural disasters in general, unless the grounding , rocks, sinkin

20、g ,burning and other accidents happened during transportation. Although FPA is not responsible for partial loss caused by natural disasters, but for total losses resulting from the natural disasters. In this case, the import and export company took out FPA, and the insured cargoes suffered complete

21、loss when the ship sank due to a big storm ,that is, it is actual total loss, therefore ,the insurance company is responsible for compensation and their reason is not tenable. 答案：保险公司应负赔偿责任。根据中国人民保险公司海洋运输货物保险条款的规定，海运货物保险的险别分为基本险和附加险两大类，基本险是可以单独投保的险种.主要承保海上风险造成的货物损失，包括平安险、水溃险与一般险。平安险对由于自然灾害造成的部分损失一般不

22、予负责，除非运输途中曾发生搁浅，触礁、沉没及焚毁等意外事故。平安险虽然对自然灾害造成的部分损失不负赔偿责任，但对自然灾害造成的全部损失应负赔偿责任，本案中，进出口公司投保的是平安险，而所保的货物在船因风暴沉没时全部灭失，发生了实际全损，故保险公司应负赔偿责任，其提出的理由是不能成立的。 5 QUESTION A company in our country exported 1000 cases of food. The price is on the basis of CIF. Payment by L/C at sight. After shipment. A company has re

23、ceived the payment for goods from the book according to the clean on board B/L and all risks and war risk insurance policy which were insured. When the goods were delivered to the port of destination, on examination the importer found the following conditions; 9.我国A公司以CIF汉堡出口食品1000箱，即期信用证付款。货物装运后，A公

24、司凭已装船清洁提单和已投保一切险及战争险的保险单，向银行收妥货款，货到目的港后经进口人复验发现下列情况： 1.The goods consist of ten bathes, 20 cases have been checked, and it were found that number of germs in the 2 batches of them involving 200 cases of food exceed the standard of the importing country.2. In fact, the consignee only received 955 cases of goods. It lacked of 5 cases.3. There are 10 cases of goods in good condition in package, but the weight of the g