marine insurance concepts priyarshi hewavitharana manager - marine department

61
MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

Upload: janel-brooks

Post on 25-Dec-2015

226 views

Category:

Documents


7 download

TRANSCRIPT

Page 1: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

MARINE INSURANCE CONCEPTS

Priyarshi Hewavitharana

Manager - Marine Department

Page 2: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

MARINE PERILS DEFINED As Per Marine Insurance

Act. Marine adventure and maritime perils defined

(1) Subject to the provisions of this Act, every lawful marine adventure may be thesubject of a contract of marine insurance.

(2) In particular there is a marine adventure where -

(a) Any ship goods or other moveable's are exposed to maritime perils. Such property isin this Act referred to as "insurable property";

(b) The earning or acquisition of any freight, passage money, commission, profit, or other pecuniary benefit, or the security for any advances, loan, or disbursements, is endangered by the exposure of insurable property to maritime perils;

(c) Any liability to a third party may be incurred by the owner of, or other person interested in or responsible for, insurable property, by reason of maritime perils.

"Maritime perils" means the perils consequent on, or incidental to, the navigation of the sea, that is to say, perils of the seas, fire, war, perils, pirates, rovers, thieves, captures, seizures, restraints, and detainment's of princes and peoples, jettisons, barratry, and any other perils, either of the like kind or which may be designated by the policy.

Page 3: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

But, Isn’t Ship Safe at Sea?

Page 4: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

Marine perils

1. Natural perils and

2. Unnatural perils.

Natural perils

1. Storms.

2. Ice block

3. Sinking mountain.

4. Thunder stroke.

5. Waves push.

6. Disposition.

7. Seizure, capture

8. Strike

Unnatural perils

1. Fire2. Man of war3. Enemies.4. Pirates, Thieves5. Jettison.6. Explosions7. Grounding.8. Collision

Page 5: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

Do We Need Insurance?

Page 6: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

RISK CLAUSE ICC (A) 1.1.82

1. This insurance covers all risks of loss of or damage to the subject- matter insured except as excluded by the

Provisions of Clauses 4, 5, 6 and 7 below.

All risk policy - ICC (A) 1.1.82

Named perils in - namely ICC (B) 1.1.82 and ICC (C) 1.1.82

Stress upon “Subject Matter Insured”

Page 7: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

Stranding, Grounding, Sinking, or Capsizing of Vessel or Craft

Overturning/Derailment of Land Conveyance

Collision of Ship/Craft with another Ship/Craft

Contact of Ship/Craft/Conveyance & any object other than Ship/Craft (excluding water but including ice)

Discharge of Cargo at Port of Distress

Fire or Explosion

Earthquake, Volcanic Eruption, or Lightning

Theft / Pilferage / Malicious Damage*

General Average Sacrifice/Jettison

Washing Overboard (on deck cargo)

(A) (B) (C)

YES YES YES

YES YES YES

YES YES YES

YES YES YES

YES YES YES

YES YES YES

YES YES NO

YES NO NO

YES YES YES

YES YES NO

Perils cover under Institute Cargo Clauses

Page 8: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

Sea/Lake/River Water Entering Vessel/Craft/Hold/Conveyance/Container/ YES YES NOLift Van/ or Place of Storage

Total Loss of Any Package Lost Overboard or Dropped During LoadingLoading/Unloading of vessel or craft (Sling)

YES YES for

total pkg NO

Insufficiency / Improper Packing NO NO NO

Loss Caused by Delay/Consequential Loss

NO NO NO

Perils cover under Institute Cargo Clauses Continued....

Page 9: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

WASHING OVER BOARD

The Distinction between the terms - Cargo "Washed Overboard" and "Fell Overboard" in Marine Insurance.

The term “Cargo washed aboard" and "Cargo fell aboard” to a layman may seem synonymous but in the world of marine insurance the two have different meanings and different consequences

Page 10: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

JETTISION OF CARGO Jettisoned cargo is cargo dumped overboard intentionally to save the ship, crew and the rest of the cargo that stays aboard. The insurance companies of the ship and saved cargo, reimburse the owner of the dumped cargo because his cargo was sacrificed to save the ship and their cargo. This is calls General Average

Page 11: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

General Average? Defined by York Antwerp Rules 1994 of General Average.

Apportionment of Losses amongst the parties involved in any maritime adventure in case of extra-ordinary sacrifice.

If and only if the reason of sacrifice is extra ordinary and is reasonably made due to maritime perils etc.

Page 12: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

WHAT IS SLING LOSS?

Page 13: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

WHAT IS SLING LOSS?

Loss of cargo by falling from slings when being loaded or discharged. This is generally a total loss of part. Sling losses are particularly prevalent in surf ports where discharge is carried out into lighters or small craft. The ICC (1982) B cover total loss of an entire package dropped or lost overboard during loading, transshipment or discharge. This cover is not provided by the C clauses.

Page 14: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

Salvage charges Expense of recovering property by a salvor. Salvage charges are not provided for in insurance contracts. If the owner and the salvor cannot agree on salvage charges, a court makes a determination based on the value of the salvaged items and the salvor’s expenses. Rules governing payment of salvage charges originated in marine insurance but are now used in other policies, such as personal automobile insurance.

Page 15: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

Insurable Interest

MIA 1906 s 5. Insurable interest defined

(1) Subject to the provisions of this Act, every person has an insurable interest who is interested in a marine adventure.

(2) In particular a person is interested in a marine adventure where he stands in any legal or equitable relation to the adventure or to any insurable property at risk therein, in consequence of which he may benefit by the safety or due arrival of insurable property, or may be prejudiced by its loss,

or by damage thereto, or by the detention thereof, or may incur liability in respect thereof.

Page 16: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

Valuation & Basis of valuation

INCOTerms 2010

EXW - Ex Works (named place)FCA - Free Carrier (named place)FAS - Free Alongside Ship (named place)FOB - Free On Board (named port of shipment)CFR - Cost and Freight (named port of destination)CIF - Cost, Insurance and Freight (named port of destination)CPT - Carriage Paid To (named place of destination) CIP - Carriage and Insurance Paid To (named place of destination)DAT - Delivered at Terminal (named terminal at port or place of destination)DAP - Delivered at Place (named place of destination) DDP - Delivered Duty Paid (named place of destination)

Page 17: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

CHART OF RESPONSIBILI

Any Transport Mode

FCA

Free

Sea/lnland Waterway Transport

HE

Any Transport Mode

Iqu CPT CIP

Cost Carriage Delivered CUargeslFe$ Ex Works

Buyer or Seller

Chargss Buyer

Buyer

Buyer

Buyer

Buyer

Buyer

Buyer

Buyer

Buyer

Free Carrier

Seller

Seller'

Seller

Seller

Buyer

Buyer

Buyer

Buyer

Buyer

Buyer

Alongside Ship

Seller

Seller

Seller

Seller

Seller

Buyer

Buyer

Buyer

Buyer

Buyer

Free On Cost i Insurance

Board Freight & Freight

Seller Seller Seller

Seller Seller Seller

Seller Seller Seller

Seller Seller Sauer

Seller Seller Sauer

Seller Seller Sauer

Buyer Seller Seller

Sauer

Buyer Buyer Buyer

Buyer Buyer Buyer

Buyer Buyer Buyer

Carriage Delivered Delivered Insurance at

Paid To at Place Duty Paid Paid To Terminal

Seller Seller Seller Seller Seller

Seller Seller Seller Seller Seller

Seller Seller Seller Seller Seller

Seller Seller Seller Seller Seller

Seller Seller Seller Seller Seller

Seller Seller Seller Seller Seller

Seller Seller Seller Seller Seller

Seller

Seller Seller Seller Seller Seller

Buyer Buyer Buyer Seller Seller

Buyer Buyer Buyer Buyer SeP!-r

• Sdkr is rc,Pv"le for INTERNATIONAL BUSINESS TRAINING® 1-810-641-0820 www.i-b-tnet

This chest is designed to poride a brie level of undsshndine of Ire:oterrm` 2010 Rulos ad Deliniliom

02011, IN INT1 NA1

REGISTERED rota luew espwtion d the trade team rarer to the IOC webnile at stsn wrrw.i•b-t.n tAnooterm,ap REGISTERED TRADEMARK OF THE INTERNATIONAL CHAMBE

Page 18: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

Valuation & Basis of valuation Dynamic valuation; Why 10% are added for buyer

Measure of insurable value Subject to any express provision or valuation in the policy, the insurable value of the subject-matter insured must be ascertained as follows: (1) In insurance on ship, the insurable value is the value, at the commencement of the risk, of the ship, including her outfit, provisions and stores for the officers and crew, money advanced for seamen's wages, and other disbursements (if any) incurred to make the ship fit for the voyage or adventure contemplated by the policy, plus the charges of insurance upon the whole: The insurable value, in the case of a steamship, includes also the machinery, boilers, and coals and engine stores if owned by the assured, and, in the case of a ship engaged in a special trade, the ordinary fittings requisite for that trade: (2) In insurance on freight, whether paid in advance or otherwise, the insurable value is the gross amount of the freight at the risk of the assured, plus the charges of insurance: (3) In insurance on goods or merchandise, the insurable value is the prime cost of the property insured, plus the expenses of and incidental to shipping and the charges of insurance upon the whole: (4) In insurance on any other subject-matter, the insurable value is the amount at the risk of the assured when the policy attaches, plus the charges of insurance.

Page 19: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

Proximate cause of loss

Active, direct, and efficient cause of loss in insurance that sets in motion an unbroken chain of events which bring about damage, destruction, or injury without the intervention of a new and independent force. Also called direct cause

Page 20: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

Principle of `Causa Proxima'

The loss of insured property can be caused by more than one cause in succession to another.

The property may be insured against some causes and not against all causes.

0 In such an instance, the proximate cause or nearest cause of loss is to be found out.

If the proximate cause is the one which is insured against the insurance company is bound to pay the compensation and vice versa.

Page 21: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

Indemnity

1. Marine insurance defined

A contract of marine insurance is a contract whereby the insurer undertakes to indemnify the assured, in manner and to the extent thereby agreed, against marine losses, that is to say, the losses incident to marine adventure

Page 22: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

TYPES OF CARGO BULK LIQUID BULK BREAK BULK UNITISED

SULPHER CRUDE OIL PALLETS LASH BARGE

ROCK PHOSPHATE LUBRICATING OIL BAGS/DRUMS /STEELCARGO

COAL LPG/LNG NEWS PRINT REELS

FERTILISERS EDIABLE OILS OVER DIMENTION CARGO

DRAFT SURVEY ULLAGE SURVEY CARGO TALLY

WEIGHMENT SUPERVISION RECEIPT SUPERVISIN

DELIVERY SUPERVISION

CONTAINER CARGO

VEHICLES

ONDECK CARGO

CARGO TALLY

ASSESSMENT OF QUANTITY

BULK=DRAFT SURVEY, WEIGHMENT SUPERVISION LIQUID=ULLAGE SURVEY BREAK BULK=TALLY UNITISED= TALLY

Page 23: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

MARINE LOSSES

GENERAL AVERAGE PARTICULAR AVERAGE

JETTISONED

BREAK BULK BULK

TALLY DRAUGHT SURVEY ULLAGE SURVEY

SHORT LANDING LOB

SHORT SHIPMENT LANDED BUT MISSING

PHYSICAL DAMAGE DELAY/AGGRAVATION ROUGH HANDLING NEGLIGENCE INADEQUATE PACKING INHERENT NATURE RAIN/SEA/FRESH WATER, MOISTURE OIL,MUD AND FOREIGN MATTER EFFECT OF HEAT AND SWEAT

COUNTRY DAMAGE ORDINARY DAMAGE,WEAR AND TEAR INFESTATION

MANUFACTURING DEFECTS

THEFT/PILFERAGE ANY OTHER REASONS

Page 24: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

DELAY LOSSES

Page 25: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

ROUGH HANDLING

Page 26: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

NEGLIGENCE

Page 27: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

INADEQUATE PACKAGING

Page 28: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

INHERENT NATURE OF CARGO

Page 29: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

WET DAMAGES

Page 30: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

OIL SPILLAGES

Page 31: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

COUNTRY DAMAGE

Page 32: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

THEFT N PILFERAGE

Page 33: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

Port or place of refuge?

It is a shelter for a ship in a damaged condition endangering life, health and/or environment

Page 34: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

HEAVY WEATHER

Page 35: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

Theft & containerized cargo (Q. 29 )

Page 36: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

General Exclusion Clause 4 In no case shall this insurance cover

4.1 loss damage or expense attributable to wilful misconduct of the Assured

4.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tearof the subject-matter insured

4.3 loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject- matter insured (for the purpose of this Clause 4.3 "packing" shall be deemed to include stowage in a container or liftvan but only when such stowage is carried out prior to attachment of this insurance or by the Assured or their servants)

4.4 loss damage or expense caused by inherent vice or nature of the subject-matterinsured

4.5 loss damage or expense proximately caused by delay, even though the delay be caused by a risk insured against (except expenses payable under Clause 2 above)

4.6 loss damage or expense arising from insolvency or financial default of the owners managers charterers or operators of the vessel.

4.7 loss damage or expense arising from the use of any weapon of war employingatomic or nuclear fission and/or fusion or other like reaction or radioactive force ormatter.

Page 37: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

Unseaworthiness & Unfitness Exclusion Clause

5.1 In no case shall this insurance cover loss damage or expense arising from unseaworthiness of vessel or craft,unfitness of vessel craft conveyance container or liftvan for the safe carriage of the subject-matter insured,where the Assured or their servants are privy to such unseaworthiness or unfitness, at the time the subject-matter insured is loaded therein.

5.2 The Underwriters waive any breach of the implied warranties of seaworthiness of the ship and fitness of the ship to carry the subject-matter insured to destination, unless the Assured or their servants are privy to such unseaworthiness or unfitness.

Page 38: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

War Exclusion Clause

6. In no case shall this insurance cover loss damage or expense

6.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power

6.2 capture seizure arrest restraint or detainment (piracy excepted), and the consequence thereof or any attempt thereat

6.3 derelict mines torpedoes bombs or other derelict weapons of war.

Page 39: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

Srikes Exclusion Clause

7 In no case shall this insurance cover loss damage or expense

7.1 caused by strikers, locked-out workmen, or persons taking part in labour disturbances, riots or civil commotions

7.2 resulting from strikes, lock-outs, labour disturbances, riots or civil commotions

7.3 caused by any terrorist or any person acting from a political motive.

Page 40: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

Validity of insurance cover

By air 30 days validity after landing to final destination.

S By ship 60 days from landing to final destination

Page 41: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

Sue and Labour Clause Definition

A standard clause in a maritime insurance policy which allows the insured to recover from the insurer any reasonable expenses incurred by the insured in order to minimize or avert a loss to the insured property, for which loss the insurer would have been liable under the policy.

Page 42: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

NOT TO INURE

DEFINITION OF INURE

1. to cause to accept or become hardened to; habituate

2. ( intr ) (esp of a law, etc) to come into operation; take effect

I C C ( A) BENEFIT OF INSURANCE 15. - Not to Inure Clause

15 This insurance shall not inure to the benefit of the carrier or other bailee.

Page 43: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

Under Insurance

MIA 1906 S 81. Effect of under insurance

Where the assured is insured for an amount less than the insurable value or, in the case of a valued policy, for an amount less than the policy valuation, he is deemed to be his own insurer in respect of the uninsured balance.

Definition of 'Underinsurance'

Inadequate insurance coverage by the holder of a policy. In the event of a claim underinsurance may result in economic losses, to the policy holder, since the claim would exceed the maximum amount that can be paid out by the insurance policy. While underinsurance may result in lower premiums paid by the policy holder, the loss arising from a claim may far exceed any marginal savings in insurance premiums.

Page 44: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

Warranties

Implied Warranty of legality & seaworthiness

Express warranties

No over loading

Mechanical derangements excluded

Tarpaulin cover

Second hand Machinery replacement

Page 45: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

ADDITIONAL CLAUSES

LABELS CLAUSE CARGO ISM ENDORSEMENTJC98/019CARGO ISM FORWARDING CHARGES JC98/023TERMINATION OF TRANSIT CLAUSE (TERRORISM)JC2009/056COMPUTER MILLENNIUM EXCLUSION CLAUSE (CARGO)CHANGE OF DESTINATIN / DEVIATION / DELAYDECONSOLIDATION AND UNPACKING COVERAGERETURN SHIPMENTS CLAUSECRAFT CLAUSEON DECK SHIPMENTSSUE AND LABOUR CLAUSECONTRACT (RIGHTS OF THIRD PARTIES) ACT 1999 EXCLUSION CLAUSEDELIBERATE DAMAGE POLLUTION HAZARD CLAUSELETTERS OF CREDIT CLAUSESOUTH AFRICA INLAND TRNSIT DEDUCTIBLE CLAUSEREPLACEMENT CLAUSESECONDHAND REPLACEMENT CLAUSEINSTITUTE CLASSIFICATION CLAUSE CL.354 (1/1/01)

Page 46: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

ADDITIONAL CLAUSES & WARRANTIES

INSTITUTE RADIOACTIVE CONTAMINATION,CHEMICAL, BIOLOGICAL, BIO-CHEMICAL,ELECTROMAGNETIC WEAPONS EXCLUSION CLAUSE CL.370 (10/11/03) INSTITUTE CYBER ATTACK EXCLUSION CLAUSE CL.380 (10/11/03)NON CONTRIBUTION CLAUSEEXCLUDING RUSTING , OXIDATION, DISCOLORATION, WETTING, STAINING, SCRATCHING, BRUISING, CHIPPING, DENTING, MARRING AND THE COST OF REPAINTING AS APPLICABLE.TEMPERATURE VARIATIONPAIRS AND SETS CLAUSEPROCESS CLAUSEELECTRICAL AND MECHANICAL DERANGEMENT EXCLUDING HEATING AND SWEATINGEXCLUDING INFESTATION ARISING FROM WEEVIL, GRUB OR WEBEXCLUDING REJECTION RISKS EXCLUDING ANY NATURAL LOSS IN WEIGHTWARRANTED SHIPPED IN VENTILATED CONTAINERSSANCTION LIMITATION AND EXCLUSION CLAUSE JC2010/014UK EXPORT CONTROL ORDER 2008-REVOCATION OF LICENCES CLAUSE JC2010/015.

Page 47: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

Rules of Construction of Plicy

The following are the rules referred to by Act for the construction of a policy in the above or other like form, where the context does not otherwise require: 1. Where the subject-matter is insured 'lost or not lost', and the loss has occurred before the contract is concluded, the risk attaches unless, at such time the assured was aware of the loss, and the insurer was not. 2. Where the subject-matter is insured 'from' a particular place, the risk does not attach until the ship starts on the voyage insured. 3.(a) Where a ship is insured 'at and from' a particular place, and she is at that place in good safety when the contract is concluded, the risk attaches immediately. (b) If she be not at that place when the contract is concluded, the risk attaches as

soon as she arrives there in good safety, and, unless the policy otherwise provides, it is immaterial that she is covered by another policy for a specified time after arrival. (c) Where chartered freight is insured 'at and from' a particular place, and the ship is

at that place in good safety when the contract is concluded the risk attaches immediately. If she be not there when the contract is concluded, the risk attaches as soon as she arrives there in good safety. (d) Where freight, other than chartered freight, is payable without special

conditions and is insured 'at and from' a particular place, the risk attaches pro rata as the goods or merchandise are shipped; provided that if there be cargo in readiness which belongs to the shipowner, or which some other person has contracted with him to ship, the risk attaches as soon as the ship is ready to receive such cargo.

Page 48: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

4. Where goods or other moveables are insured 'from the loading thereof,' the risk does not attach until such goods or moveables are actually on board, and the insurer is not liable for them while in transit from the shore to the ship. 5. Where the risk on goods or other moveables continues until they are 'safely landed,' they must be landed in the customary manner and within a reasonable time after arrival at the port of discharge, and if they are not so landed the risk ceases. 6. In the absence of any further licence or usage, the liberty to touch and stay 'at any port or place whatsoever' does not authorise the ship to depart from the course of her voyage from the port of departure to the port of destination. 7. The term 'perils of the seas' refers only to fortuitous accidents or casualties of the seas. It does not include the ordinary action of the winds and waves. 8. The term 'pirates' includes passengers who mutiny and rioters who attack the ship from the shore. 9. The term 'thieves' does not cover clandestine theft or a theft committed by any one of the ship's company, whether crew or passengers. 10. The term 'arrests, &c., of kings, princes, and people' refers to a political or executive acts, and does not include a loss caused by riot or by ordinary judicial process. 11. The term 'barratry' includes every wrongful act wilfully committed by the master or crew to the prejudice of the owner, or, as the case may be, the charterer.

Rules of Construction of Plicy CONTINUED......

Page 49: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

12. The term 'all other perils' includes only perils similar in kind to the perils specifically mentioned in the policy. 13. The term 'average unless general' means a partial loss of subject-matter insured other than a general average loss, and does not include 'particular charges'. 14. Where the ship has stranded the insurer is liable for the excepted losses, although the loss is not attributable to the stranding, provided that when the stranding takes place the risk has attached and, if the policy be on goods, that the damaged goods are on board. 15. The term 'ship' includes the hull, materials and outfit, stores and provisions for the officers and crew, and, in the case of vessels engaged in a special trade, the ordinary fittings requisite for the trade, and also, in the case of a steamship, the machinery, boilers, and coals and engine stores, if owned by the assured. 16. The term 'freight' includes the profit derivable by a shipowner from the employment of his ship to carry his own goods or moveables, as well as freight payable by a third party, but does not include passage money. 17. The term 'goods' means goods in the nature of merchandise, and does not include personal effects or provisions and stores for use on board. In the absence of any usage to the contrary, deck cargo and living animals must be insured specifically, and not under the general denomination of goods.

Rules of Construction of Plicy CONTINUED......

Page 50: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

IMPORTANT SECTIONS OF MARINE INSURANCE ACT 1906)

SECTION HEADING

5 INSURABLE INTEREST DEFINED

6 INSURABLE INTEREST ATTACHED

17 UTMOST GOOD FAITH

18 DUTY OF DISCLOSER

27 VALUED POLICY

33 WARRANTY

34 BREACH OF WARRANTY EXCUSED

35 WARRANTY OF SEAWORTHINESS OF SHIP

41 WARRANTY OF LEGALITY

55 INCLUDED & EXCLUDED LOSSES

57 TOTAL LOSS OF SHIP

Page 51: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

60 CONSTRUCTIVE TOTAL LOSS

61 EFFECTS OF CTL

62 ABANDONEMENT

63 EFFECTS OF ABANDONEMENT

66 GENERAL AVERAGE

69 PARTIAL LOSS OF SHIP

PARTIAL LOSS OF GOODS &

MERCHANDICE

CONTRIBUTION FOR GENERAL 73AVERAGE & SALVAGE CHARGES

77 SUCCESSIVE LOSSES

78 SUE & LABOUR

79 SUBROGATION

71

Page 52: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

CARGO INSURANCE

OTHER IMPORTANT FACTORS RELATED TO MARINE

INSURANCE

Page 53: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

A legal document between the shipper of a particular good and the carrier detailing the type, quantity and destination of the good being carried. The bill of lading also serves as a receipt of shipment when the good is delivered to the predetermined destination. This document must accompany the shipped goods, no matter the form of transportation, and must be signed by an authorized representative from the carrier, shipper and receiver.

B/L - R/R - L/R - AWBL

Page 54: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

What is HELD COVERED?

insurance term for a rule acceptance of insurance risk as long as extended cover exists.

HELD COVERED: A provisional acceptance of risk, subject to confirmation at a later date that the agreed cover is needed. Where applicable to an existing insurance, cover is conditional, in practice, on prompt advice to the Underwriter as soon as the Assured is aware of the circumstances to be held covered coming into effect, and a reasonable additional premium is payable if the risk held covered comes into effect.

EXAMPLE OF SHUT OUT CARGO

Page 55: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

P & I CLUB

Protection and indemnity insurance, commonly known as P&I insurance, is a form of marine insurance provided by a P&I club. A P&I club is a mutual (i.e. co-operative) insurance association that provides cover for its members, who will typically be ship-owners, ship-operators or demise charterers. Unlike a marine insurance company, which is answerable to its shareholders, a P&I

club is the servant only of its members. Both P&I clubs and conventional marine insurers are governed by the provisions of the Marine Insurance Act 1906. Marine insurers

provide cover for known quantifiable risks, mainly Hull & Machinery insurance for shipowners, and Cargo Insurance for cargo owners. By contrast, P&I Clubs provide insurance cover for broader indeterminate risks, such as third party liabilities that marine insurers are loath to cover. Third party risks include a carrier’s liability to a cargo-owner for damage to cargo, a ship’s

liability after a collision, environmental pollution and war risk

Page 56: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

ON DECK CARGO

Goods

The term "goods" means goods in the nature of merchandise, and does not include personal effects or provisions and stores for use on board. In the absence of any usage to the contrary, deck cargo and living animals must be insured specifically, and not under the general denomination of goods.

Page 57: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

LIST OF CLASSIFICATION SOCIETIES(INSTITUTE CLASSIFICATION CLAUSE CL.354 (1/1/01))

Member of organization The members of IACS are: 1. American Bureau of Shipping (ABS) 2. Bureau Veritas (BV) 3. China Classification Society (CCS) 4. Croatian Register of Shipping (CRS) [2] 5. Det Norske Veritas (DNV) 6. Germanischer Lloyd (GL) 7. Indian Register of Shipping (IRS) 8. Korean Register of Shipping (KR) 9. Lloyd's Register (LR) 10.Nippon Kaiji Kyokai (NK/ClassNK) 11.Polish Register of Shipping (PRS) [3] 12.Registro Italiano Navale (RINA) 13.Russian Maritime Register of Shipping (RS)

Page 58: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

GROUPS OF MARITIME FRAUDS.

DOCUMENTARY FRAUDS

SCUTTLING OF SHIPS/“Rust Bucket” fraud

PHANTOM SHIP/Ghost ship/ Paint brush piracy PIRACY

CARGO THEFTS

IN CONNECTION WITH CHARTERERS

Page 59: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

Srevedores

Stevedore, dockworker, docker, dock labourer, wharfie and longshoreman can have various waterfront-related meanings concerning loading and unloading ships, according to place and country.

The word stevedore originated in Portugal or Spain, and entered the English language through its use by sailors. It started as a phonetic spelling of estivador (Portuguese) orestibador (Spanish), meaning a man who stuffs, here in the sense of a man who loads ships, which was the original meaning of stevedore; compare Latin stīpāre meaning to stuff, as in to fill with stuffing.[1] In the United Kingdom, men who load and unload ships are usually called dockers, while in the United States and Canada the term longshoreman, derived from man-along-the-shore, is used.[2] Before extensive use of container ships and shore-based handling machinery in the U.S., longshoremen referred exclusively to the dockworkers, while stevedores, in a separate trade union, worked on the ships, operating ship's cranes and moving cargo. In Canada, the term stevedorehas also been used, for example, in the name of the Western Stevedoring Company, Ltd., based in Vancouver, B.C. in the 1950s

Page 60: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

Custom house Agent

The empowers, which allows agents of importers and exporters to act on behalf of importers and exporters. This is necessitated by the highly involved and technical nature of the work to be done in connection with clearance of imports into and exports out of country. The importers and exporters themselves may have neither time nor the requisite knowledge on their own. Therefore, agents are allowed to act on their behalf. The work of the agents is governed by the Customs House Agents Licensing Regulations.

Page 61: MARINE INSURANCE CONCEPTS Priyarshi Hewavitharana Manager - Marine Department

THANK YOU