2005世界海上保险市场状况综述.pptVIP

Lecture Seven Ocean Cargo Insurance L.7: Ocean Cargo Insurance 7.1 Introduction 7.2 Cargo Insurance defined 7.3 Insurance Coverage under PICC Clause and ICC 7.1 Introduction In this session, we will discuss on cargo insurance, mostly the cargo insurance clauses published both by PICC 1981 and ICC 1982. With the developing process of China’s insurance market, more and more international traders like to choose ICC that has been widely used in many countries. Understanding Cargo insurance Cargo Insurance - Insufficiency of Packing Rainbow Technicoloured Wood Veneer Ltd. v The Canmar Conquest et al., (June 28, 2000) No. T-2580-97 (F.C.T.D.), [2000] F.C.J. No. 1032 This was an action by the Plaintiff against its cargo insurer for damage to a guillotine press in an amount in excess of $100,000.00. The Defendant insurer argued that coverage was excluded by clause 4.3 of the Institute Cargo Clauses (A) in that the press was insufficiently packed and prepared for shipment. The Court reviewed the evidence of the surveyors, all of whom gave the opinion that the securing of the press in the container was inadequate, and dismissed the action. All Risks Coverage - Wear and TearBevan v Gartside Marine Engines Ltd. et al., [2000] B.C.J. No. 528 (B.C. Prov. Ct.) This was an action against a repairer and an insurer under an all risks policy for damage caused when a transmission overheated. The Plaintiff alleged that the repairer had been negligent in performing prior repairs to the trolling valve control linkage. The Plaintiff further alleged that the damage was covered by his all risks policy. The repairer denied negligence and the insurer defended on the basis of an exclusion in the policy excluding liability for damage caused by wear and tear and mechanical breakdown. The Court found that there could have been multiple causes of the transmission failure including pre-existing damage, wear and tear and improper use of the trolling gear by the Plaintiff or previous owners.