Liability insurance for contracts of carriage of goods

With the cross-regional development of enterprise exchanges, logistics and cargo transportation have developed rapidly. We have studied the relevant legal provisions of the contract of carriage in detail before, because the contract of carriage can be divided into freight contract and passenger contract, so there is still a big difference in the use of relevant laws. Especially in terms of insurance terms, the difference between freight contracts and passenger transportation contracts is more obvious.

Here, let's first introduce the provisions of insurance for freight contracts.

Cargo transportation insurance is insurance that takes all kinds of goods in the process of transportation as the subject of insurance. The underwriting methods of cargo transportation insurance business are generally divided into direct business and ** business. Direct business is an underwriting method in which the insurance company directly accepts the policyholder to apply for insurance and directly concludes an insurance contract.

According to the insurance contract, the direct business is divided into the case-by-case signing business and the appointment unified insurance business. Business refers to the insurance business entrusted by the insurer to the agency. Generally, the first business of freight insurance is only underwritten by the first institution on behalf of the insurer, that is, the signing business is completed.

If the goods are claimed to be compensated for damage in transit, the policyholder must insure the insurance company. Depending on the terms, the insured may be the seller or the buyer. Due to the different types of insurance, the insurance rates are different, and the scope of compensation is also different.

The basic insurance category is total loss, also known as total loss, which refers to the total loss of the insured goods, and there are actual total losses and presumed total losses. Actual total loss means that the goods are completely lost or deteriorated and no longer have any commercial value. Presumptive total loss refers to the damage to the goods after the risk of loss, although it does not reach the level of actual total loss, the actual total loss is unavoidable, or the sum of the costs paid to avoid the real and auspicious total loss and the cost of continuing to transport the goods to the place on the date of arrival exceeds the insured value.

The presumption of total loss shall be determined after verification by the insurer.

In addition, in the actual insurance, there will also be the following more detailed insurance classifications:

1.Marine cargo insurance clauses, war risk clauses, strike insurance clauses.

2.Overland cargo insurance clauses, war risk clauses, strike insurance clauses.

3.Air cargo insurance clauses, war risk clauses, strike insurance clauses.

4.Parcel insurance clause, war insurance clause.

5.Insurance clauses for refrigerated cargo transported by sea.

6.Insurance provisions for sea, land and air transportation of live livestock and poultry.

b), c) and war risk and strike insurance clauses (London Association clauses).

8.Insurance provisions for domestic transportation of goods by water and land in China.

9.Insurance clauses for the carriage of goods by rail in China.

10.Insurance clauses for the carriage of goods by road in China.

11.Insurance clauses for the transportation of goods by water in China.

12.China Domestic Air Cargo Insurance Provisions.

The above clauses, international insurance clauses and China's insurance legal clauses have unified provisions.

For the selection and application of specific insurance terms, we should pay attention to whether the specific provisions of the insurance clauses are in line with the unified insurance clauses, and understand the deductible clauses, and there should be no obviously unfair clauses. In addition, in the event of an actual insurance claim, the Feast God should submit the claim to the insurer in a timely manner in accordance with the procedural provisions of the insurance clause.

Generally speaking, the insurer shall bear the insurance liability of the cargo transportation insurance contract, but the insurer may be exempted from liability and the liability shall be borne by the insured or the directly responsible person in the following circumstances:

1. Losses caused by the insured's intentional acts or negligence;

2. Losses caused by the responsibility of the consignor;

3. Before the start of the insurance liability, the loss caused by the poor quality or quantity of the insured goods;

4. Losses or expenses caused by the natural wear and tear, essential defects, characteristics of the insured goods, market price drops, and transportation delays;

5 Limits and exclusions under the War Risk Clause and the Strike Insurance Clause.

1. General procedures for handling international ** transportation insurance.

1 Determine the amount of international shipping insurance.

The insured amount is the basis for the insurance premiums and the basis for calculating the compensation after the loss of the goods. In accordance with international practice, the insured amount should be calculated on the basis of the expected profit of the CIF on the invoice. However, the market situation of each country is not the same, and the management methods for the export of the town are also different.

There are two ways to apply for import and export cargo transportation insurance from Ping An Insurance Company of China: one is to apply for insurance one by one;The other is to sign the general contract of pre-appointment insurance.

2 Fill out the International Shipping Insurance Policy.

The insurance policy is a written application submitted by the policyholder to the insurer, the main contents of which include the name of the insured, the name, mark, quantity and packaging of the insured goods, the insured amount, the name of the means of transport, the date of departure and the place of departure, the type of insurance, the date of insurance and the signature, etc.

3 Pay the premium and get the insurance policy.

The premium is calculated according to the insurance rate of the other type of insurance insured. Insurance rates are based on different types of insurance, different commodities, different modes of transportation, different destinations, and refer to international rate levels. It is divided into two types: the general cargo rate and the specified cargo surcharge rate.

The former is the rate for general goods, and the latter refers to the rate that is charged in addition to the general rate for specially specified goods (such as certain fragile and fragile goods).

After paying the premium, the policyholder can obtain an insurance policy. In fact, the insurance policy has constituted an insurance contract between the insurer and the insurer, and it is the insurer's underwriting guarantee for the insurer. In the event of a loss or loss within the scope of insurance, the policyholder may claim compensation on behalf of the insurer.

4 Procedures for filing a claim.

When the insured goods are damaged within the scope of insurance liability, the policyholder can claim compensation from the insurer. If the contract is concluded according to the 8 ** conditions contained in Group E, Group F and Group C of Incoterns1990, the buyer shall generally handle the claim. Contracts concluded under the 5 conditions included in the Incoterns1990 Group D shall be claimed by the buyer or seller, as the case may be.

Legal analysis: (1) Ping An insurance.

The insurer is primarily responsible for the loss, liability and expenses of the insured goods caused by the following insured events:

1. All losses of the entire batch of goods caused by natural disasters such as bad weather, lightning, tsunami, flooding, etc.;

2. The loss of goods caused by stranding, abandonment, sinking, collision, collision with drift ice or other objects, fire, and accident caused by the means of transport;

3. In the case of an accident on the means of transport, the goods suffer losses caused by natural disasters at sea before and after that;

4. Losses caused by one or more pieces of goods falling into the sea during loading, unloading and transshipment;

5. The reasonable expenses paid by the insured for taking measures to rescue, prevent or reduce the damage of the goods subject to the dangerous goods within the scope of the insurance liability;

6. Losses caused by unloading at the port of refuge after the means of transport is shipwrecked, and special expenses incurred due to unloading, storage and transportation of goods at the port of refuge or port of refuge;

7. Sacrifice, apportionment and salvage costs of general average;

8. The contract of carriage contains a clause of "liability for collision between ships", according to which the cargo shall reimburse the ship's losses.

2) Water damage insurance.

In addition to the above safety insurance liabilities, it is also responsible for part of the loss of the insured cargo due to natural disasters.

3) All risks.

In addition to the above-mentioned liabilities of safety insurance and water damage insurance, it is also responsible for the loss of the insured goods due to external reasons during transportation, legal basis: "Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Delivery of Goods without Original Bill of Lading" Article 6 The amount of compensation for the loss of the holder of the original bill of lading caused by the carrier due to the delivery of the goods without the original bill of lading shall be calculated according to the price of the goods at the time of loading of the goods plus freight and insurance premiums.

1) Ping An Insurance.

The insurer is primarily responsible for the losses, liabilities and expenses of the insured goods caused by the following insured events:

1. All losses of the entire batch of goods caused by natural disasters such as bad weather, lightning, tsunami, flooding, etc.;

2. The loss of goods caused by stranding, abandonment, sinking, collision, collision with drift ice or other objects, fire, and accident caused by the means of transport;

3. In the case of an accident on the means of transport, the goods suffer losses caused by natural disasters at sea before and after that;

4. Losses caused by one or more pieces of goods falling into the sea during loading, unloading and transshipment;

5. The reasonable expenses paid by the insured for taking measures to rescue, prevent or reduce the damage of the goods subject to the dangerous goods within the scope of the insurance liability;

6. Losses caused by unloading at the port of refuge after the means of transport is shipwrecked, and special expenses incurred due to unloading, storage and transportation of goods at the port of refuge or port of refuge;

7. Sacrifice, apportionment and salvage costs of general average;

8. The contract of carriage contains a clause of "liability for collision between ships", according to which the cargo shall reimburse the ship's losses.

2) Water damage insurance.

In addition to the above safety insurance liabilities, it is also responsible for part of the loss of the insured goods due to natural disasters.

3) All risks.

In addition to the above liabilities of safety insurance and water damage insurance, it is also responsible for the loss of the insured goods due to external reasons during transportation, legal basis:

Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving the Delivery of Goods without Original Bills of Lading》 Article 6 The amount of compensation for the loss of the holder of the original bill of lading caused by the carrier's delivery of the goods without the original bill of lading shall be calculated according to the value of the goods at the time of loading on board the ship plus freight and insurance premiums.

Transportation insurance is based on the property in a state of flux as the subject of insurance (the subject of insurance is also known as "insurance object", "insurance item", "object of insurance protection", which is determined according to the requirements of both parties to the insurance contract). ), including insurance for transported goods and insurance for means of transport. The common feature of this type of insurance is that the subject matter of fire insurance is in a state of transportation or often in a state of operation, which is different from the requirement that the subject matter of fire insurance is stored in a fixed place and in a relatively static state, and therefore cannot be covered by fire insurance.

The content of transportation insurance business, including transportation cargo insurance, motor vehicle insurance, ship insurance, aviation insurance, motorcycle insurance, etc., plays a very important role in the entire property insurance industry.