外贸英语(十四)海上保险(I)
2009-04-09 20:30阅读:
Lesson Fourteen
Marine Insurance (I)
Perils and Losses
Goods during transportation on sea and in the course of loading and
unloading might meet various kinds of perils and the goods might
suffer loss of one kind or another.
Kinds of Perils:
In marine insurance, perils are generally of two kinds:
1. Perils of the
Sea
(1) Natural Calamities: such as vile
weather, thunder and lightning, tidal wave, earthquake, floods,
etc.
(2) Fortuitous Accidents: such as ship
stranded, striking upon the rocks, ship sinking, ship collision,
colliding with iceberg or other objects, fire, explosion,etc.
2. Extraneous
Risks: such as theft, rain, shortage, leakage, breakage,
dampness,etc. They may include special risks, such as war risks,
strikes, non-delivery of cargo, refusal to receive cargo,
etc.
The term “Perils of the Sea” does not include
the ordinary action of the winds and waves.
Furthermore, such losses caused by natural deterioration or
deficiency in the quality of the goods , are generally not
accounted as perils in marine insurance.
Kinds of Losses:
Losses fall into two main classes: Total Loss and Partial Loss.
Both are again subdivided.
1.
Total loss can either be Actual Total Loss
where vessel or cargo are totally and irretrievably lost, or
Constructive Total Loss in a case where the ship or the goods have
been abandoned because the cost of salvage of recovery would have
been ou t of proportion to the value.
2.
Partial loss means that the loss to the goods is
only partial.
In case of partial loss a fine distinctions is drawn between
Particular Average and General Average. In marine insurance Average
has an entirely different meaning from its normal usage and it
means loss or damage to the goods in the course of sea
transportation due to natural calamities and accidents and
extraneous risks.
If a particular cargo is damaged by any cause the damage is called
particular average and the loss msut be borne by the owner of this
individual consignment. If the owner estimates the possibility of
this risk as very small he may think it unnecessary to insure
against it and take out a policy Free of Particular Average(F.P.A)
and thus obtain a slightly lower premium.
General average is of an entirely different character. It applies
to a loss intentionally insurred in the general interest of the
shipowner and the owners of the various cargoes. For example, a
ship may have run aground and all efforts to refloat it have
failed. In order to save the ship from breaking up the master may
decide to jettison (i.e. to throw overboard) part of the cargo to
lighten the ship. This loss is borne by all concerned in
proportion. The same applies to additional expenses incurred in the
comon interest, i.e. the cost of using a tug to tow`a damaged
vessel into port; all parties have to contirbute in proportion to
their interests. A merchant can, and usually, will insure against
this liability.
Insurance Cover
According to the recent stipulations of the People’s Insurance
Company of China, the following basic insurance cores are available
in marine insurance:
Free of (from) Particular Average (F.P.A) Insurance:
The insurance company will be responsible to pay clams for total or
constructive total losses suffered by the whole lot of cargoes
during transportation due to such natural calamities as vile
weather, thunder and lightning, tidal wave, earthquakes, and
floods, or for total or partial losses due to the ship or carrier
being on fire, stranded, sinking, colliding or meeting other
fortuitous accidents.
The insurance company will also be responsible, when losses are
incurred in the course of loading or unloading, for instance, when
one or several whole parcels of the goods are dropped into the sea
and are considered lost, or when general average is incurred, i.e.
when losses or expenses are incurred in the common interest.
With Particular Average(W.P.A.) Insurance or With Average(W.A.)
Insurance:
The cover under this insurance is more extensive. The insurer is
liable also for the partial-losses of the insured goods due to the
risks caused by natural calamites mentioned under F.P.A.
insurance.
All Risks Insurance:
Among the three kinds of basic insurance,under an “All risks”
policy the goods are insured against all risks, e.g. from natural
calamities, fortuitous accidents at sea, or general extraneous
risks, irrespective of percentage of loss, total or partial. A
natural deterioration of perishable goods, delay, loss or damage
caused by inherent vice or nature of the subject matter are not
covered.
Insurance Covers of Additional Extra Risks:
Risks that are not covered under the basic insurance covers F.P.A.
and W.P.A. mentioned above may be insured against under separate
declarations by the insured. These risks may be general extra risks
such as Theft, Pilferage & Non-Delivery Risks (T.P.N.D), Fresh
and/or Rain Water Damage Risks, Shortage Risk, Inter-mixture &
Contamination Risks, Leakage Risk, Clash & Breakage Risks,
Taint of Odour Risk, Sweating & Heating Risks, Hood Damage
Risk, Rust Risk, Breakage of Packing Risk. These risks are covered
under All Risks insurance. Or they may be special extra risks such
as Failure to Delivery Risk, Import Duty Risk, On Deck Rish,
Rejection Risk, War Risk, etc.
The distinction between the clauses F.P.A. [free of (from)
particular average] and W.A.(with average) or W.P.A.(with
particular average) is of great practical significance. Policies
embodying a clause of the former type can be obtained at a cheaper
rate of premium than those embodying a W.A.(W.P.A.) clause, but do
not provide such comprehensive insurance cover as the
latter. The exporter has to decide in each particular case whether
F.P.A. terms are sufficient or a W.A.(W.P.A.) insurance is requied;
he should, if in doubt, exercise his discretion in favour of a
W.A.(W.P.A.) insurance notwithstanding the highter rates of
premium. Where fragile or delicate goods are shipped, e.g.
glassware or textiles, a W.A.(W.P.A.) policy is generally apposite
even if the goods are expertly packed. When rough cargoes are
shipped, e.g. sheet-iron or coal, an F.P.A. policy is
sufficient.
Notes:
1. perils of the
sea 一般海上风险
2. natural
calamities 自然灾害
3. fortuitous
accidents
意外事故
4. extraneous risks
外来风险
5. total loss
全部损失
6. actual total
loss
实际损失
7. constructive
total loss 推定全损
8. partial loss
部分损失
9. general average
共同海损
10. average 海损
11. particular average
单独海损
12. free from particular average
平安险
13. insurance cover
保险范围
14. with particular average
水渍险
15. all risks insurance
一切险
16. additional extra risks
附加险
17. general extra risks 一般附加险
i. theft,pilferage & non-delivery
risks(T.P.N.D.)偷窃、提货不着险
ii. fresh and/or rain water damage risks淡水雨淋险
iii. shortage risk(risks of shortage)短量险
iv. intermixture and contamination risks混杂、污染险
v. leakage risk(risk of leakage)渗漏险
vi. clash and breakage risks碰损与破碎险
vii.taint of odour risk串味险
viii. sweating and heating risks受潮受热险
ix. hook damage risk钩损险
x. rust risk锈损险
xi. breakage of packing risk包装破裂险
18. special extra risks特殊附加险
failure to delivery risk交货不到险
import duty risk进口关税险
on deck risk舱面险
rejection risk拒收险
war risk罢工险
19. basic risks基本险。包括平安险(free from particular
average) or F.P.A., 水渍险(with particular average) or W.P.A. or
W.P.A与一切险(all risks).
20. with average
简称W.A.指保险人对运输中货物因海上灾难及意外事故所造成的部分损失赔偿责任。同with particular average
水渍险,负责单独海损。
21. comprehensive insurance综合保险。