Cargo Transportation Insurance.ppt

1、Cargo Transportation Insurance,Learning objectives,After studying this part, you should Understand the knowledge about marine cargo transportation; Find ways to improve your English skills and performance on how to describe and discuss about marine cargo transportation; Master the basic words and ex

2、pressions about general description of marine cargo transportation,Lead-in Questions,What are the popular modes of transport? Which mode of transport is most popular nowadays?,海洋运输货物保险保障的风险,海上风险,外来风险,自然灾害,意外事故,一般外来风险,特殊外来风险,Section One Marine Insurance,Ocean marine transportation insurance Overland

3、transportation insurance Air transportation insurance Parcel post transportation insurance,Definition of Ocean Marine Transportation Insurance,Marine insurance is defined as a contract of insurance whereby the insurance in return for premium collected undertakes to indemnify the insured in a manner

4、and to the extent thereby agreed, against marine losses, that is to say, the losses incidental to marine adventure. Such insurance involving the marine conveyance of cargo from one country to another is, then, marine cargo insurance, which is seen as an indispensable adjunct to foreign trade. Howeve

5、r, the term “marine insurance” is somewhat misleading because the contract of marine insurance can, by agreement of the parties or custom of the trade, be extended so as to protect the insured against losses on inland waters or land which are incidental to the sea voyage.,注意,海上保险合同经双方当事人同意或贸易惯例许可后，可

6、以扩展到保护被保险人在内河或陆地上遭遇的像海上偶然发生的损失,Technical Terms,The insurer 保险人 The insured 被保险人 The insurance policy 保险单 The premium 保险金,Technical Terms,The party who is insured against possible losses and to whom payment covering the loss will be made is called the insurant/the insured. The contract made between t

7、he insurer and the insured is the insurance policy. The amount of money the insurer agrees to cover by insurance against the subject matter is the insured amount ( which is usually the amount of 110% of CIF value of the consignment in marine cargo transport insurance). The sum of money the insured a

8、grees to pay the insurer for an insurance policy is called premium.,Section twoRisks， Losses and Expenses,Risks Losses Expenses,Risks,Perils of the Sea,Extraneous Risks,Natural Calamity,Fortuitous Accidents,General,Special,Section Two Risks, Losses and Expenses,Natural calamities: 自然灾害 They are caus

9、ed by the forces resulting from the changes of nature, e.g., vile weather, thunder, lightning, tsunami, earthquake, flood, etc. Fortuitous accidents: 意外事故 They include accidents such as ship stranded, striking upon the rocks, ship sinking, ship collision, colliding with icebergs or other objects, fi

10、re, explosion, ship missing, etc.,General extraneous risks:一般外来风险 Theft or pilferage, rain, shortage, contamination, leakage, breakage, taint of odor, dampness, heating, rusting, hooking, etc. Special extraneous risks:特殊外来风险 War risks, strikes, non-delivery of cargo, refusal to receive cargo, etc.,T

11、otal Loss,Partial Loss,Actual Total Loss,Constructive Total Loss,General Average,Particular Average,Loss,Actual Total Loss（实际全损）,Insured cargo has been totally lost Insured cargo has been damaged to the extent that it has lost its original usage and value. The insured has been derived of his title f

12、or cargo Missing cargo ship,Constructive total loss推定全损,Unless a marine policy otherwise provides, a loss is a constructive total loss if the subject-matter insured is reasonably abandoned because the actual total loss of the subject-matter appears unavoidable or the preservation of the subject-matt

13、er from actual total loss would entail costs exceeding its value when the costs are incurred.,General Average共同海损,An ocean marine loss that occurs through the voluntary sacrifice of a part of the vessel or cargo, or an expenditure, to safeguard the vessel and its remaining cargo from a common peril.

14、 If the sacrifice is successful, all interests at risk contribute to the loss borne by owner of the sacrificed property based on their respective saved values.,General Average,共同海损是指在同一海上航程中，船舶、货物和其他财产遭遇共同危险，船方为了共同安全，有意地合理地采取措施所直接造成的特殊牺牲和支付的特殊费用。,共同海损应由有关利害关系方共同分摊,共同海损成立的条件,危及船、货共同安全的危险须确实存在 船方采取的措施

15、是有意识的、合理的 所作的牺牲是特殊的，费用是额外的 牺牲和费用须是有效果的,Particular average单独海损,It means that a particular cargo is damaged by any cause and the degree of the damage does not reach a total loss, i.e., only a partial loss, which shall be borne by the owner of this individual consignment.,The differences between genera

16、l average and particular average,Cause: Particular average is a kind of cargo loss usually caused directly by sea perils, while general average is caused by intentional measures taken to save the common interest. Indemnification: Particular average is often borne by the party whose cargo is damaged,

17、 while general average should be proportionally contributed among all parties benefited from the intentional measures.,原因：单独海损通常是直接海运危险货物造成的损失,而共同海损是为了保护共同利益有意采取措施而导致的损失 赔偿：单独海损通常是由货物受损方承担的,而共同海损是由所有受益人按各方收益比例承担相应的风险,Case Study,某载货船舶在航行途中突然触礁，致使部分货物遭到损失，船体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

18、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、存仓费用以及货物损失 请问： 从上述各项损失的性质来看属于什么海损？,(1)是因运输工具遭遇意外事故造成的直接损失，属于单独海损 （2）是因维护船、货的安全、进行修船而造成的损失和产生的费用，属于共同海损,Expenses,Sue and labor expenses（施救费用）,Salvage charges（救助费用）,Losses sustained by the insured because the risks come from not only the loss of the goods or the damage done to the goods, but also from the expenses the insured sus