General Insurance
General Insurance
General Insurance
CONTD.
Prior to 1973, general insurance was urban-centric 107 insurers including branches of foreign companies operating the country were amalgamated. GIC was incorporated as a company in 1972 GoI subscribed to the capital of GIC. GIC, in turn, subscribed to the following four companies :i) National Insurance Co. Ltd ii) New India Assurance Co. Ltd iii) Oriental Fire and general Insurance Co. Ltd iv) United India Insurance Co. Ltd
CONTD.
New players have also ventured into general insurance business. They are :i) Tata AIG General Insurance Co. Ltd ii) Bajaj Allianz General Insurance Co. Ltd iii) Reliance General insurance Co. Ltd iv) Royal Sundraram General Insurance Co. Ltd v) IFFCO TOKIO General Insurance Co. Ltd vi) ICICI Lombard General insurance Co. Ltd
Definition
Sec 3 of Marine Insurance Act,1963 defines a contract of marine insurance as an insurance cover for marine cargo, air cargo and post parcels. Thus marine insurance is used to cover transportation by any of the following modes of transit singly or jointly:-Sea, Air or Land -Inland water voyages -Rail/Road -Air -Post
Marine insurance is a contract under which the insurer undertakes to indemnify the insured against losses, caused due to perils of the sea. Here perils of sea include:-Sinking of ship -Damage to ship and cargo due to dashing of waves. -Dashing of the ships on the rocks. -Fire or Explosion on the ship. -Spoilage of cargo due to sea water. -Destruction of the ship and cargo by crew, captain, piracy etc..
CARGO INSURANCE
FREIGHT INSURANCE
History
a)
Historically marine insurance were of two types: Bottomary loan which was a transaction protecting an owner from financial loss if his ship was destroyed. Premiums were calculated on the basis of intuition instead of mathematical estimates. Respondentia loans were comparable to bottomary loans. The difference being a merchant would take a loan using cargo as a collateral. The money lender for a premium in addition to the regular interest charged, agreed to forgive the loan if the cargo was lost.
b)
History
The Indian Marine Insurance Act came into operation on August 1, 1963 and is a comprehensive document containing all regulations of marine insurance business in India. Prior to this Act, the insurance business was conducted on the basis of the principles of General Contract Act and English Marine Insurance Law. Marine insurance includes two types of insurance i.e. Cargo insurance and hull insurance.
History
The cargo insurance includes the goods in transit from the place insured to the sea and from sea to the exporter. The hull insurance is concerned with body, the machinery and technical know-how, stores tools etc of the ship. Marine Insurance covers the loss or damage of ships, cargo, terminals and any transport or property by which cargo is transferred, acquired or held between the points of origin and final destination. Marine Insurance has been made mandatory in exportimport business.
Advantage to Business
Marine insurance also provides liquidity to the exporter as he can discount his bills with local banker without waiting for the bills being by the overseas importer which is usually after they receive the goods which may take months in ocean transit.
Marine Adventure
There is a marine adventure, when1. Any insurable property is exposed to marine perils. 2. The earning of freight, passage money, commission, profit or other pecuniary benefit or security for any advances, loans or disbursements is endangered by the exposure of insurable property to maritime perils. 3. The owner of or other person interested in or responsible for insurable property by reason of maritime perils may insure any liability to the third party.
Voyage
Voyage is the journey that the vessel undertakes. The ship could carry on the voyage in the specified route which is mentioned in the policy. Change of voyage is permitted only in a few specified circumstances.
Warranties
According to Marine Insurance Act, a warranty means a stipulation or term, the breach of which entitles the insurers to avoid the policy altogether and this is so even though the breach arises through circumstances beyond the control of the warrantor. Warranties can be expressed (written) or implied.
Express Warranties
The expressly stated written warranties and may be like 1. The ship is safe on a particular day 2. The ship & goods are neutral and continue to be so 3. The ship will proceed to its destination without any deviation 4. The ship will sail on or before a certain date
Implied Warranties
There are certain warranties which are implied in every contract of marine insurance unless excluded expressly. These are: 1. Warranty of sea worthiness 2. Warranty of non deviation from path 3. Warranty as to the legality of the voyage 4. Proper documentation related to the ship
Insurable Interest
According to Marine Insurance Act 1963, every person has an insurable interest who is interested in a marine adventure. The following persons have insurable interest in Marine Insurance. Owner of the Ship Owner of the Cargo Creditor who has advanced money on a ship or cargo to the extent of his interest in such ship or cargo Mortgager Mortgagee Master and crew for wages Bottomry bond hold Person who pays advance freight is recoverable on loss
1. 2. 3. 4. 5. 6. 7. 8.
Insurable Interest
9. Shipper and their Agents 10. Persons contingent interest such as the buyer, though the goods may be at sellers risk and though he may have right to reject the goods, but has paid. 11. Trustee 12. Bailee 13. Insurer- he can reinsure 14. Assignee of bill of lading