单击此处编辑母版标题样式,单击此处编辑母版文本样式,第二级,第三级,第四级,第五级,*,CHAPTER,1,4 INTERNATIONAL MARINE CARGO TRANSPORT INSURANCE,Perils and Losses in Marine Transport,Ocean Marine Cargo Clauses of the CIC,Institute Cargo Clauses(ICC),Export and Import Insurance Practice in China,1 Perils and Losses in Marine Transport,Perils and risks,Perils of the sea,Natural calamities:,bad weather,thunder and lightening,flood,etc.,Fortuitous accidents:,being stranded,striking a rock,sinking,etc.,(2)Extraneous risks,General extraneous risks:,theft,breakage,leakage,rust,etc.,Special extraneous risks:,military affairs,war,strike,etc.,(2)Transshipment,According to the UCP600,transshipment means a transfer and reloading during the course of carriage,from one conveyance or vessel to another conveyance or vessel,within the same mode of transport or from one mode of transport to another mode of transportation.Unless transshipment is prohibited by the terms of the credit,it is allowed.,However,in the absence of,terms as to whether transshipment is allowed or not in the contract,transshipment is to be construed as,not allowed,.,2.Ocean average and charges,Average(loss):,Total loss,Actual total loss,Constructive total loss,(a)Totally destroyed;,(b)so damaged as to cease to be,a thing of the kind insured;,(c)Irretrievably deprived thereof.,The loss where an,actual total loss,appears to be,unavoidable,or the,cost,to be incurred in recovering or,reconditioning the goods together with,the forwarding cost to the destination,would,exceed their value,on arrival.,Partial loss,Particular average,General average,Partial loss occasioned by some,perils insured against;,To be sustained exclusively by the,person upon whom the damage falls.,Loss caused by or directly,consequential on a,general average act,.,A general average act consists of any,sacrifice or expenditure made,intentionally and reasonably to preserve,property involved in a sea voyage.,General average act,Extraordinary,Voluntarily and,reasonably made,Sacrifice or expenditure made for the,benefit of all the parties to the common,adventure.,e.g.Cargo being deliberately cast away;,Abnormal consumption of coal in,endeavouring to refloat the ship,Intentionally made on,willingness,rather,than on the orders of others.,Any expense incurred must be governed,by the same criteria of,reasonableness,.,General average act,In time of peril,Be successful,The peril must be real and actually exist.,The ship is no longer listing because the,jettisoned cargo righted the ship;,The tugboat successfully kept the ship,from running aground;,The fire was successfully put out.,The party on whom it falls is entitled to a ratable contribution from the,other parties interested,and such contribution is called,a general average,contribution,.,(2)Sue and labor expenses and salvage charges,Sue and labor,expenses,Salvage Charges,Made in time of peril to avert or minimize,any loss of or damage to the insured goods.,Not,for the benefit of a common adventure.,Expenses incurred are recoverable.,Charges recoverable by,salvor,independently of contract.,For the purpose of,averting a peril,insured against.,Particular charges or general average,(3)Extraneous losses,Losses resulted from risks not incidental,(伴随而来的)to transport by sea,including losses caused by,general extraneous risks,and,special extraneous risks,.,2 Ocean Marine Cargo Clauses of the CIC,Basic ocean marine cargo insurance,Free From Particular Average(F.P.A.)(,平安险,),Total or constructive,total loss,of the consignment caused by,natural calamities.,Total loss or partial loss,caused by,fortuitous accidents,.,Partial loss,of the insured goods attributable to heavy weather,lightning and/or tsunami,where the conveyance has been,grounded,stranded,sunk or burnt irrespective of whether the,event or events took place or after such accidents.,Partial or total loss resulting from the falling of entire package or packages into sea during loading,transshipment or discharge.,Reasonable cost incurred by the insured on,salvaging,the goods or averting or minimizing a loss recoverable under the Policy,provided that such cost shall not exceed the sum insured of the consignment so saved.,Losses attributable to discharge of the insured goods at a port of,distress,(避难港)following a sea peril as well as special charges arising from loading,warehousing and forwarding of the goods at an,intermediate port of call,(停泊港)or refuge(避难港).,Sacrifice in and contribution to general average and salvage charges.,Such proportion of losses sustained by the shipowners as is to be reimbursed(偿付)by the cargo owner under the Contract of Affreightment Both to Blame Collision clause(运输契约船舶互撞责任条款),1,.,1,An ocean marine insurance provision stipulating that upon the collision of two or more ships,when all ships are at fault,all owners and shippers having monetary interests in the voyage of the ships involved must share in all losses in proportion to the monetary values of their interests prior to the occurrence of the collision.,(2)Wit