外贸函电保险课件

1、Objectives 1. 保险在外贸业务中的重要性 2. 国际贸易中的主要险种 3. 涉及保险的商业信函的撰写 通过本章的学习，帮助学生掌握: Human beings are subject to various unpredictable risks risk of death or disability due to natural or accidental causes, risk of loss of or damage to ones property, etc. Risk has the element of unpredictability, but losses can

2、be mitigated through insurance. There are many types of insurance products available for life and non-life property insurance, life insurance, liability insurance, bond insurance, to name just a few. Cargo insurance belongs to property insurance. Cargo insurance covers physical damage to or loss of

3、your goods whilst in transit by land, sea and air and offers considerable opportunities and cost advantages if managed properly. It brings the potential loss of or damage to goods into cost and the insurer, on the basis of a premium received, undertakes to indemnify the insured against loss from cer

4、tain risks or perils to which the cargo insured may be exposed. Cargo insurance has become a must in international trade. Without it, international trade can not be guaranteed. OverviewWhat is the purpose of insurance? house against fire.You can insure your car against accident/theft. nose against h

5、arm. life insurance. health insurance.You can effect a endowment insurance.养老保险 accident insurance. burglary and robbery insurance.Insurance Contract(保险合同)1.Definition(1)保险合同是投保人与保险人约定保险权利义务关系的协议An insurance contract is an agreement whereby the insurance rights and obligations are specified and agre

6、ed by the applicant and the insurer. (2)投保人the applicant 是指与保险人订立保险合同，并按照保险合同负有支付保险费义务的人。 An applicant refers to the party who enters into an insurance contract with an insurer and is obligated to pay the premiums under the insurance contract. (3)保险人the insurer 是指与投保人订立保险合同，并承担赔偿或者给付保险金责任的保险公司。An in

7、surer refers to the insurance company which enters into an insurance contract with an applicant and is obligated to make indemnity or payments of the insurance benefits.(4)被保险人the insured被保险人是指其财产或者人身受保险合同保障，享有保险金请求权的人，投保人可以为被保险人。The insured refers to anyone whose property or person is protected by

8、the insurance contract and who is entitled to claim for compensation. An applicant may be the insured. (5)保险标的The subject matter 保险标的是指作为保险对象的财产及其有关利益或者人的寿命和身体。The subject matter of the insurance refers either to the property of the insured and related interests associated therewith, or to the life

9、and the body of the insured, which is the object of the insurance.(6)保险利益 insurable interest保险利益是指投保人对保险标的具有的法律上承认的利益。An insurable interest refers to the interest which the applicant has in the subject matter of the insurance and is recognized by laws. (7)保险事故insured event 保险事故是指保险合同约定的保险责任范围内的事故。An

10、 insured event refers to an event falling within the scope of cover under the insurance contract.(8)保险金额the insured sum 保险金额是指保险人承担赔偿或者给付保险金责任的最高限额。The sum insured refers to the maximum amount which the insurer undertakes to indemnify or pay under its insurance obligation.(10)保险费the premium保险费是指投保人向

11、保险人支付的保险合同规定的费用。The premium refers to the charge that the applicant pays to the insurer as specified in the insurance contract.(11)保险价值insured value 保险价值是指保险标的的保险价值，保险价值可以由投保人和保险人约定并在合同中载明，也可以按照保险事故发生时保险标的的实际价值确定。The insured value of the subject matter of the insurance may be agreed by the applicant

12、 and the insurer, and specified in the contract; or it may be assessed based on the actual value of the subject matter of the insurance at the time of the occurrence of the insured event. Fundamental Principles of Cargoes Insurance（保险的基本原则）(1)保险利益原则 The insurable interest投保人对保险标的应当具有保险利益。An applican

13、t shall have an insurable interest in the subject matter of the insurance.投保人对保险标的不具有保险利益的，保险合同无效。 An insurance contract is null and void if the applicant has no insurable interest in the subject matter of the insurance. (2)最大诚信原则 The Utmost Good Faith订立保险合同，保险人应当向投保人说明保险合同的条款内容，并可以就保险标的或者被保险人的有关情况提

14、出询问，投保人应当如实告知。The insurer shall, prior to the conclusion of an insurance contract, explain the contract terms and conditions to the applicant and may inquire about the subject matter of the insurance or person to be insured. The applicant shall make a full and accurate disclosure. (3)赔偿原则 Indemnity保

15、险金额不得超过保险价值；超过保险价值的，超过的部分无效。The sum insured shall not exceed the insured value of the subject matter of the insurance, and any portion exceeding the insured value of the subject matter of the insurance is null and void as a matter of law. Two Subsidiary Principles Under the indemnity principle, ther

16、e are two sub-principles: 1) Contribution(分摊) 2) Subrogation(代位追偿 )4. The Doctrine of Proximate Cause (近因原则) 风险： risks, perils total loss损失：losses particular average partial 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

17、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 and Losses in Cargo Transport In marine cargo transport insurance, risks fall into:1. Perils of the Sea 海上风险 1) Natural Calamity自然灾害 ( the perils under force majeure such as vile weather, thunder storm and lightening, earthquake, flood, etc.) 2) Fortuitous Accid

18、ents意外事故 ( risks such as ship stranding, striking upon the rocks, ship sinking, ship collision, fire, explosion, etc.)2. Extraneous Risks 外来风险 1) General Extraneous Risks 一般外来风险 ( risks caused by theft, rain, leakage, shortage, dampness, heating, hooking, rusting, etc.) 2) Special Extraneous Risks 特

19、殊外来风险 ( risks caused by on deck, war, strikes, failure of delivery and rejection, etc.) Risks in Marine Cargo TransportHeavy weatherlighteningearthquakeVolcanic eruptiontunamiNatural CalamitiesFortuitous accidentsfireexplosioncollisionstrandedsunkgroundedLosses in Marine Cargo TransportThe losses an

20、d damages done to the goods can fall into : 1. Total Loss 全部损失 1) Actual Total Loss 实际全损 （the whole lot of the consignment has been lost or damaged or found valueless upon the arrival at the port of destination) 2) Constructive Total Loss 推定全损 ( the actual loss of the insured goods is unavoidable, o

21、r the ship or the consignment has to be abandoned because the cost of salvage or recovery would exceed the value of the ship and the consignment in sound condition upon the arrival of the port of destination.)2. Partial Loss 部分损失 1) General Average (G.A.)共同海损 ( when both the ship and the consignment

22、s on board are engaged and the captain, for the safety of the ship and the consignments, intentionally and reasonably does some sacrifices or makes some expenses.) 2) Particular Average (P.A) 单独海损( a particular consignment is partially damaged)The condition for forming G.A.1. The safety of the ship

23、and the cargo is threatened; 2. The measures taken are conscious and reasonable; 3.The sacrifice is particular and expenses are extra;4. The sacrifice and expenses must be effective in the end ExpensesExpenses here fall into the following kinds:Sue and labor expenses 施救费用 ( made by the insured or hi

24、s agent to prevent them from suffering further losses)Salvage charges 救助费用 ( made to those other than the insured, the carrier and the insurer who come to the salvage of the ship and the consignments. Ocean Marine Insurance under C.I.CThe China Insurance Clauses (C.I.C) issued by Peoples Insurance C

25、ompany of China (PICC) provides both basic risks coverage and additional risks coverage for marine cargo transport. The former can be further divided into three conditions: Free From Particular Average (F.P.A), With Particular Average (W.P.A.) and All Risks（A.R.）and the latter includes general addit

26、ional risks and special additional risks. China State Insurance Organization In China, China Insurance Clauses(C.I.C.）issued by the Peoples Insurance of China(PICC) is mainly adopted for international cargo transportation insurance.Basic Risks CoverageAdditional Risks Coverage All Risks(AR)Free from

27、 Particular Average (FPA) With Particular Average(WPA/WA)General Additional RisksSpecial Additional RisksFPA: (Free from Particular Average) 平安险 自然灾害造成的全部损失+意外事故造成的全部和部分损失+海上费用WPA:水渍险 FPA+自然灾害造成的部分损失All Risk:一切险 WPA+一般外来风险所造成的全部损失和部分损失（一般附加险） Ocean Transport Insurance ClausesOcean Marine Cargo Claus

28、e modified on 1 January 1981 provides: All Risks = F.P.A. + W.A. + General Additional Risks Scope of insurance responsibilities: AR WPA FPAAdditional Risks Coverage for Ocean Transport under C.I.C1) General Additional Risks2) Special Additional Risks附加险Additional Risks General Additional Risks 一般附加险

29、Special Additional Risks 特殊附加险Fall into 8 types, such as war risks and strike risks.Fall into 11 types covered in All Risks Ocean Marine Cargo Clause modified on 1 January 1981 provides: General additional risks cover losses caused by extraneous risks and can be classified into following types:1. Th

30、eft Pilferage and Non-Delivery , T. P. N. D. 偷窃、提货不到险；2. Rain Fresh Water Damage , F.W. R. D. 淡水雨淋险；3. Risk of Shortage 短量险；4. Risk of Intermixture and Contamination 混杂、玷污险；5. Risk of Leakage 渗漏险；6. Risk of Clash and Breakage 碰损、破碎险；7. Risk of Ordour 串味险；8. Damage Caused by sweating and Heating 受潮受热

31、险；9. Hook Damage 钩损险；10. Loss and Damage Caused by Breakage of Packing 包装破裂险；11. Risk of Rust 锈损险.General Additional RiskSpecial additional risks cover losses caused by special extraneous risks. Normally they are classified into following types:1. War Risks 战争险;2. Strike risks 罢工险;3. Aflatoxin 黄曲霉素险

32、;4. Failure to deliver 交货不到险;5. On Deck 舱面险;6. Import Duty 进口关税险;7. Rejection 拒收险;8. Fire Risk Extension Clause , F. R. E. C. for storage of cargo at destination HongKong , including Kowloon , or Macao 货物出口到香港（包括九龙）或澳门 存仓火险责任扩展条款（ ）。Special Additional RisksExclusions (除外责任)refer to losses and expens

33、es for which the insurance company declares clearly not to be responsible. They usually include: 1) Loss or damage caused by the intentional act or fault of the insured;2) Loss or damage falling under the liability of the consignor;3) Loss or damage arising from the inferior quality or shortage of t

34、he insured goods prior to the attachment of this insurance;4) 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;5) Risks and liabilities covered and excluded by the war risks clause and str

35、ikes, riot and civil commotion clauses under C.I.C. ExclusionsCommencement and Termination of Basic Insurance The commencement and termination of basic insurance are usually stipulated by adopting the customary Warehouse to Warehouse Clause, W/W. By the W/W clause, the liability of the insurer is ex

36、tended to cover pre-shipment and post-shipment risk. The insured goods are covered from the time when they leave the warehouse at the place named in the policy for the commencement of the transit and continue to be covered until they are delivered to the final warehouse at the destination named in t

37、he policy, but the policy provides an overriding time limit of 60 days after the completion of discharge of the insured goods from the seagoing vessel at the final fort of discharge. On the expiration of that time limit of 60 days the cover ceases to protect the goods even though they have not reach

38、ed the final warehouse. Insurance of Land, Air and Parcel Post TransportOverland Transport Cargo InsuranceOverland Transport Insurance & Overland Transport All RisksOverland Transport Cargo War RisksAir Transport InsuranceParcel Post InsuranceParcel Post Risks & Parcel Post All RisksParcel Post War

39、RisksAir Transport Insurance & Air Transport All RisksAir Transport Cargo War RisksUnder CIC, PICC sets overland, air transport and parcel post insurance respectively according to various means of transport.Insurance Practice of International TradeIn the case of a CIF contract, the exporter will eff

40、ect insurance immediately after receiving the letter of credit from the buyer. For insurance, he will prepare necessary documents and fill in an Application for Insurance. Insurance shall be effected before shipment is made or before the consignment is delivered to the carrier. In the case of an FOB

41、 or CFR contract, the buyer will effect insurance and open policy would be preferred to avoid failure of insurance. Attention is paid to the following points in effecting insurance: 1. Whether the insurance coverage is under C. I.C. or I. C. C(Institute Cargo Clauses,伦敦保险协会Institute of London Underw

42、riters制定的海运货物保 险条款）. 2. What type of coverage is required, for example, F. P.A. or W. P. A. 3. Whether the insured amount is 110% of the invoice amount or more than that. 4. Whether insurance is in effect before the date of shipment, 5. The currency of the insurance shall be the same as the invoice

43、currency to avoid foreign exchange exposure.1) Who is going to arrange the insurance under the following price terms CIF, FOB and CFR? 2) Choose the Insurance Coverage The following factors should be taken into account for adopting insurance coverage : 1) The characteristics of the cargo; 2) The pac

44、king of the cargo; 3) The mode of transport;4) The line and port of transport; 5) The season of transport;6) Possible losses and damages in transit.What insurance cover would you choose for the following products?1) shoes2) Logs of wood.3) Wooden toys. 4) Heavy machinery5) Plywood6) Bicycles Probabl

45、y, you will give the following answers (1), (3), (4) and (6) would probably be insured against All Risks because they are prone to be damaged in transit. Most manufactured goods fall into this category. (2) would be insured against F.P.A., for while it could be lost it is not likely to be damaged. (

46、5) on the other hand would be insured against W.P.A. because it could be damaged in transit, but is less prone to be damaged than the finished products mentioned. 3) Insured Amount and Insurance Premium The insured amount the highest compensation amount undertaken by the insurer the foundation for c

47、alculating the insurance premium. usually calculated on the basis of the CIF invoice value plus 10% or 15 % representing an anticipated profit for the buyer. The formula for calculating the insured amount under CIF trade terms:Insured Amount = CIF price x ( 1 + markup percentage ) The insurance prem

48、ium the amount of money paid by the insured in order to make the insurance contract come into force the basic proceeds cared by the insurer usually calculated according to two kinds of rates: the general premium rate and the named cargo premium rate. The formula for calculating the premium under CIF

49、 trade terms:Insurance Premium = insured amount x premium rate = CIF price x ( 1+ markup percentage ) x premium rate 保险费= CIF价x（1 +投保加成率） 保险费率例如，某CIF合同价值为USD12000，投保一切险与战争险，费率分别为0.6%和0.4%，请问保险金额 和保险费各多少？Answer: Insured Amount: USD12000 x 110% = USD13200Insurance Premium: USD 13200 x (0.6%+0.4%) = US

50、D132关于投保加成 国外买方一般要将预期利润和有关费用加入货价内一并进行投保，以防货物万一遭损后，可从保险公司得到应有的赔偿。这种在货价之外的金额即为加成。一般按CIF价值加一成 (即10)。也可根据具体情况加二成或三成。不过如按二成三成加保，其保费的差额部分应由买方负担，如国外要求超过三成时，应征求保险公司意见。在签订贸易合同时不能贸然接受。Insurance Documents Insurance Certificate 保险凭证Open Policy 预约保险单Insurance Policy保险单 4) Insurance Documents Combined Certificate

51、联合凭证Endorsement批单4) Insurance Documents the evidence documents on the strength of which the insurance contract is signed by and between the insurer and the insured. Commonly used insurance documents in international trade: (1) Insurance policy: the mostly used insurance document. (2) Insurance certi

52、ficate: a simplified insurance document. The certificate carries the same contents as the insurance policy except for the obligations and rights of the insurer and the insured. (3) Combined certificate: the combination of the invoice and insurance policy, much simpler than the insurance certificate.

53、 It is not often used now. (4) Open policy: also known as open cover, the general contract between the insured (normally the importer) and the insurer, often used in import transactions in China. (5) Endorsement: After the insurance policy is issued, if the insured wants to add or change some items

54、of the policy, the insured can, with the insurance companys consent, apply for the addition and change. The document issued to state the additional items or changes is known as endorsement, which is considered an indispensable part to the policy.open policy 预约保单预约保单又称“开口保单”、“敞口保单”，是保险公司承保被保险人在一定时期内发

55、运的，以CIF价格条件成交的出口货物或以FOB CFR价格条件进口货物的保险单。预约保险单载明保险货物的范围、承保险别、保险费率、每批运输货物的最高保险金额以及保险费的计算办法。凡属预约保单规定范围内的货物，一经起运保险合同即自动按预约保单上的承保条件生效，但要求投保人必须向保险人对每批货物运输发出起运通知书，也就是将每批货物的名称、数量、保险金额、运输工具的种类和名称、航程起讫点、开航或起运日期等通知保险人，保险人据此签发正式的保险单证。预约保单主要适用于大量进出口货物运输保险。The insurance clause in a S/C should specify the insured

56、amount, and the risks to be covered by the insurer.1) In the contracts under FOB,CFR, FCA and CPT trade terms, the buyer is to arrange insurance and pay premium. In the contract regarding insurance，it can only stipulates:“ To be effected by the buyers”. Insurance Clause of the Contract2) In the CIF

57、or CIP contract, the insurance clause can stipulate： Insurance to be covered by the sellers for 110% of the total invoice value against all risks and war risks, as per Ocean Marine Cargo Clauses and Ocean Marine Cargo War Risks Clauses of the Peoples Insurance Company of China, dated 1/1 1981. More

58、examplesInsurance shall be effected for the amount of the sellers CIF invoice value plus 10% against W. P.A. Any additional insurance required by the buyer shall be at his own expense. The seller may insure against War Risk at the buyers request and at his expense. In case the rate of relevant insur

59、able premium shall be raised between the time of concluding contract and that of shipment, this excess premium shall be on the buyers account.Marine insurance to be effected by the seller against W.P.A. for CIF invoice amount plus ten percent only, any additional insurance required by the buyer shal

60、l be effected by him and at his own expense.The insurance should be effected by the buyer if the contract is concluded on FOB or CFR basis. However, the seller should, immediately after the goods are completely loaded at port of shipment, fax to notify the buyer of the consignee of the contract numb