Marine Cargo Insurance
Marine Cargo Insurance
Marine Cargo Insurance
INSURANCE
Cargo
Anything that is transported from one place to
another is called CARGO
If it moves on its own it is not cargo. e.g. Car
being sent on truck, railways, ships, aircraft
will be cargo and can be covered under marine
policy.
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Terms and coverage of ocean marine
cargo insurance in Vietnam
Basic coverage and terms
Basic risks 三大基本险别: ICC 1963-
QTC 1965
There 3 conditions:
F.P.A.
Free from Particular Average ( 平安险 )
W.A. or W.P.A
With Average, With Particular Average (水渍
险)
All risks ( 一切险 )
ICC 1963/QTC1965
MAIN CLAUSES
F.P.A.
W.A. All
Free from
Particular Risks
Average With
Average
Include
F.P.A.
and W.A.
FPA ICC 1963/QTC 1965
8 circumstances:
(1) Actual total loss or constructive total loss from natural
calamity, i.e. vile weather, bore, earthquake, flood…
The Insured must authorize the insurer if it is the
constructive total loss.
(2) Total loss or partial loss caused by fortuitous accidents,
i.e. stranded, collision with floating ice or other
objects, fire or explosion……
(3) Partial loss caused from natural calamity again before
and after fortuitous accidents
(4) Total or partial loss of one or several pieces of cargo
dropping into the sea when shipment or transshipment.
(5) Reasonable expenses to save, protect, or reduce the loss by
insured, but no more than the insured value.
(6) Special expenses of unloading, storage and shipping in
harborage after ship getting perils of the sea.
(7) The sacrifice, sharing and the charges of general average.
(8) If the term of “collision with ships” is involved in transport
contract, the owners of the cargoes should compensate the loss
of the ship’s owner.
W.A. or W.P.A. ( 水渍险 )
ICC 1963/QTC1965
I.C.C.(B)
I.C.C.(C)
I.C.C.(A)
Malicious
Damage
Clause
Institute
War Clause Institute
Strikes Clause
perils, named
exclusions
Risk Covered - Inland
ITC-A: All Risk of loss or damage
ITC-B: Physical loss or damage caused by
Fire, Lightning, Breakage of
Bridges, Collision, derailment or
accident
ITC-C Physical loss or damage caused by
Fire & Lightning
Duration of Coverage
As soon as the consignments leaves the seller’s
premises, continues during ordinary course of transit
and terminates either:-
On delivery to consignee’s warehouse at destination
named in the policy, or
In case of rail only or rail/road, until expiry of 7 days
after arrival of railway wagon at destination station or
In case of road only, until expiry of 7 days after
arrival of vehicle at the destination town
Whichever shall first occur.
Marine Cargo Insurance
Coverage
Three Levels of Coverage
Institute Cargo Clauses (A):
Similar to former AR (All Risks) coverage
Institute Cargo Clauses (B):
Similar to former WA (With Average)
coverage
Institute Cargo Clauses (C):
Similar to former FPA (Free of Particular
Average)
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Institute Cargo Clauses (A)
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Institute Cargo Clauses (A)
General Exclusion Clause
Willful misconduct of the assured
Ordinary leakage, loss, wear & tear
Insufficiency or unsuitability of packing or preparation
of insured cargo
Inherent vice or nature
Delay
Insolvency or financial default of owners or operators
of vessel
Weapon or device employing atomic or nuclear fission
and/or fusion or radioactive force
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Institute Cargo Clauses (A)
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Institute Cargo Clauses (A)
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Institute Cargo Clauses (A)
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Institute Cargo Clauses (B)
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Institute Cargo Clauses (B)
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Institute Cargo Clauses (B)
General Exclusion Clause
General Exclusion Clause Items 1 to 7 of Institute
Cargo Clause (A)
8. Deliberate damage or deliberate destruction of
insured cargo by wrongful act of any person (s)
War Exclusion Clause
All exclusions of War Exclusion Clause of Institute
Cargo Clauses (A) including Piracy
Piracy is covered Institute Cargo Clauses (A) but not
under (B)
Strikes Exclusion Clause
The same as those of Institute Cargo Clauses (A)
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Institute Cargo Clauses (C)
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Institute Cargo Clauses (C)
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Institute Cargo Clauses (C)
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Institute War Clauses (Cargo)
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Institute Strikes Clauses (Cargo)
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Rejection Clause
Covers the rejection of the goods by the
Government of importing country
Fresh fruits, vegitables
Foods
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Express Warranties
Exceptive warranties indicating causes
expressly excluded from the coverage
(a) FC & S (Free of Capture & Seizure) Warranty
To cover, stamp word “DELETED” over the
exclusion clause and attach Institute War
Clauses (Cargo)
(b) FSR & CC (Free of Strike, Riot and Civil
Commotion) Warranty
To cover, stamp word “DELETED” over the
exclusion clause and attach Institute Strikes
Clauses (Cargo)
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Warranties, Express or Implied
Implied Warranties
Warranties which are understood to apply
even though not actually printed in the policy
Seaworthiness: Not older than 20 years,
over 1,000 net registered tons and classified
A-1 Seaworthiness is admitted because
cargo owners have no control
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Types of Policies
Specific Voyage Policy
Open Policy
Open Cover
Annual Turnover Policy
Duty Insurance
Seller’s Contingency Insurance
Increased Value Insurance
Amount of Insurance
Minimum amount of insurance coverage: 110%
of CIF or CIP value
Insures against loss of expected profit
120% or 130% if both exporter and importer
agree
How to make a CIF value from FOB/CFR value?
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To Determine Insurance Amount
Insurance amount
=FOB price× (1+average freight rate + average premium rate)
If under CFR trade terms
Insurance amount
=CFR× (1+average premium rate)
To Make an Application and Pay
Insurance Premium
Fill in the application form, state all the description of
goods and coverage, pay the premium.
Insurance Policy
Insurance Certificate
Open Policy
Combined Certificate
Endorsement
Insurance Documents
Insurance policy
Issued by insurer (insurance company)
Insurance certificate
Issued by assured (exporter) under its open
cargo policy with insurer
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Marine Insurance Policy & Letter
of Credit
Banks will not accept an insurance policy
or certificate:
Coverage date later than the shipment
date
Currency different from L/C
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Claim for loss and damage
To send out a loss notice
To lodge a claim against the carrier or other
responsible parties
To take reasonable measures to salve and
recondition the damaged goods
To get all claim documents ready
Right of subrogation
Claims for Loss or Damage
Initiated by the importer or consignee
Ocean B/L, Airway Bill, Post Office Receipt
Original Marine Insurance Policy
A copy of the claim filed against the carrier
A copy of the shipper's invoice
A copy of delivery receipt showing exceptions
Confirmation of non-delivery from the carrier if
not delivered
Customs entry report
Survey report
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Risk Covered
Perils ICC-B ICC-C
Fire & Explosion Yes Yes
Earthquake, Yes No
volcanic eruption or lightning
-200 p were lost because carrier sold them to pay for fuel
-100 p were got dirty because the hold of vessel was not clean.
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Risks Covered by Marine Cargo
Insurance
Loss of or damage to the cargo occurred
during the insured voyage
Loss: Disappearance of the cargo
Damage: Arrived not intact. Not the same
condition as shipped by the seller
Total loss:
Actual total loss
Constructive total loss
Partial loss : Average
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Partial Loss
Particular average:
Total loss of part of the shipment: one
container out of 5
Partial loss to the whole shipment
General Average
Extraordinary sacrifice for the common
safety: Jettison of cargo, Damage from fire
fighting, Voluntary stranding, Repairing the
vessel
To be borne proportionately by all interests:
owners of vessel and cargoes
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Voyage Policy and Time Policy
Voyage policy:
Duration of a particular voyage in the policy
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Causes of Loss Covered
1. Heavy weather, lightning, barratry of the
masters and mariners & assailing thieves
2. Fire or explosion
3. Vessel being stranded, sunk or burnt
4. Collision or contact of vessel with any external
objects including ice except water
5. Jettison
6. Bursting of boilers, latent defect in the
machinery or hull
7. Faults or errors in the navigation or
management of the vessel
8. Discharge of cargo at a port of refuge or
distress
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