Professional Documents
Culture Documents
a) Bottomary loan :-
Which was a transaction protecting an owner from financial loss if his ship was
destroyed. Premiums were calculated on the basis of intuition instead
of
mathematical estimates.
b) Respondentia loans:-
being a merchant would take a loan using cargo as collateral. The money lender
for a premium in addition to the regular interest charged, agreed to forgive
the loan if the cargo was lost.
The Indian Marine Insurance Act came into operation on August 1, 1963
and is a comprehensive
document
containing
TITANIC CRASH
In earlier days travelers by sea were particularly afraid of losing their vessels and
merchandise because of piracy on the open seas.
Subject Matter of Marine Insurance
the insurance in the current scenario, however is, much more then, what was
envisaged earlier
it is now required to protect the interest of:
the owner of the ship
owner of the cargo
The person interested in freight for liabilities and in respect of Fines imposed
for various reasons.
the cargo
the income that the cargo would have generated would also be lost
it may also damage third party property
Third party injuries or death.
hull insurance
cargo insurance
freight insurance and
liability insurance
Cargo Insurance
Cargo refers to:
the goods and commodities carried during transit by:rail, road, sea or air from
one place to another.
the cargo transported by sea is subject to manifold risks such as:
loss or damage at the port and
Loss or damage during the voyage.
the cargo policy covers the risks associated with the transshipment of goods
the policy could be issued to cover a single shipment or
if regular shipments are made:
An open policy can be issued which insures the goods/ cargo automatically
whenever a shipment is made.
b) Cargo Insurance:
Covers the shipper of goods if the goods are damaged or lost. The policy can be
written to cover a single shipment. If regular shipments are made, an open cargo
policy can be used that insures the goods automatically when a shipment is made.
The open cargo policy has no expiration date and remains in force till it is
cancelled.
c) Protection and Indemnity (P&I) insurance:
Insurable Property
Insurable property means any ship, goods or other movables exposed to
maritime perils.
Insurable property must be stated in the policy with reasonable certainty.
Marine Adventure
There is a marine adventure, when1. Any insurable property is exposed to marine perils.
2. The earning of freight, passage money, commission, profit or other pecuniary
benefit or security for any advances, loans or disbursements is endangered by the
exposure of insurable property to maritime perils.
3. The owner of or other person interested in or responsible for insurable property
by reason of maritime perils may insure any liability to the third party.
Voyage
Voyage is the journey that the vessel undertakes.
The ship could carry on the voyage in the specified route which is mentioned in
the policy.
Change of voyage is permitted only in a few specified circumstances.
Marine insurance apart from indemnifying the assured against the maritime
perils also includes liability of the third party incurred by the owner of the ship
or other person interested in the property assured on happening of the maritime
event.
Thus marine insurance includes:
concerned with body, the machinery & technical knowhow, stores tools etc. It also
includes ships, mechanized boats etc and consignments transported by rail and
road.)
2)Insurance of cargo in vessels ( Cargo insurance includes goods in transit
from the place of insured to the sea and from the sea to the exporter.
3) Freight paid or received by the assured
4) Insurance of third party liability
5) Insurance of transactions which are incidental to the marine adventure or
marine transport or transport of cargo from go down to the vessel.
6) Insurance
also
includes
all
perils
and
Marine Policy
The
document
containing
the
contract
1.
2.
Policy Number
3.
Sum Assured
6.
7.
Stamp duty (as per the provisions of the Indian Stamp Act 1879)
8. Voyage or Journey
9.
Number or date of bill of lading or Registered Port or Air freight receipt. (as
6. Contribution
7. Warranties
8. Cause proximal
9. Assignment & Nomination of a policy
Features of a general contract
A marine policy must fulfill all the essentials of a valid contract namely
1. Offer and Acceptance
2. Consideration
3. Capacity
4. Legal Purpose
Insurable Interest
According to Marine Insurance Act 1963, 'every person has an insurable interest
who is interested in a marine adventure'.
The
following
persons
have
Creditor who has advanced money on a ship or cargo to the extent of his
Warranties
According to Marine Insurance Act, a warranty means a stipulation or term, the
breach of which entitles the insurers to avoid the policy altogether and this is so
even though the breach arises through circumstances beyond the control of the
warrantor.
Warranties can be expressed (written) or implied.
Express Warranties
The expressly stated written warranties and may be like
1. The ship is safe on a particular day
2. The ship & goods are neutral and continue to be so
3. The ship will proceed to its destination without any deviation
4. The ship will sail on or before a certain date
Implied warranties
There are certain warranties which are implied in every contract of marine
insurance unless excluded expressly. These are:
1. Warranty of sea worthiness
2. Warranty of non-deviation from path
3. Warranty as to the legality of the voyage
4. Proper documentation related to the ship
If the voyage is to be performed in stages, the ship must be sea worthy at the
commencement of each stage.
Sea worthiness also includes cargo worthiness i.e. must be fit to carry the cargo
Re-insurance
According to Marine Insurance Act, the insurer under a contract of marine
insurance has an insurable interest in his risk and may reinsure the subject
given.
The nature of commodity is very important for rating and underwriting.
Different types of commodities are subject to different types of risk.
Ex: Commodities like cement sugar, etc. are easily damaged by sea water; cotton
or some chemicals may easily catch fire; liquids can get leaked and crockery and
glassware are susceptible to breakage.
2. Method and Manner of Packaging :
friendly
bales,
3.
Voyage and Mode of Transit : The name of the place from where, transit will
commence and the name of the place where it will terminate has to be stated.
Postal receipt number and date thereof is required in case of goods sent by
registered post.
If the voyage is to involve trans-shipment, it must be clearly stated.
4.
Cover Required : The risk against which cover requires should be fully
described.
5.
to
know the details of the age, tonnage classification (tanker, bulk carrier,
container ships, fishing fleet, war vessels) ownership etc.
and the vessels are approved by authorities like the Indian Registrar of Shipping.
If the vessel used for the voyage is tramp vessel i.e. a vessel which does not
follow a fixed schedule and carries cargoes whenever available. The vessels
have to be approved by GIC and if not approved, then will attract a very high
premium.
While there is no tariff rate on premium and insurers can charge any rate
depending upon the nature of goods , the distance, the mode of transshipment, type of package, the voyage
experience.
route
and
the
past
claims
Commotion) and war risks are governed by special regulations and the
premium collected is credited to the Central Government.
Shipping vessels are listed according to their age and draught weight.
Full details of every shipping vessel built anywhere in the world is available
in 'Lloyds Register' (issued by Lloyds of London). Minimum standards are
fixed. Any vessel falling short of these standards will attract loading
premium.
Premiums can be paid on monthly, quarterly, half yearly or yearly basis.
1. Bottomry Bond
It is a bond representing loan raised by the master of the ship so as to meet
certain urgent expenses like repairing a ship or for security of ship or cargo.
It is repayable after a certain agreed number of days after the arrival of the
ship as specified in the bond.
If the vessel is lost before the arrival at destination, the lender losses his
money.
2. Respondentia Bond :
Like Bottomry Bond, Respondentia Bond also represents a monetary loan
borrowed by the master of a ship to meet certain urgent expenses.
The loan is raised on the security of CARGO ON LY .
The loan is to be repaid within a certain period after the arrival of the cargo at
the destination as specified in the Respondentia Bond.
If the cargo is lost on its way, the lender losses his money.
Marine policies are known by different names according to their manner of
execution and the nature of risks covered.
5. Floating Policy :
Under Section 4 of the Marine Insurance Act, such policies are void in Law but
such policies continue to be common.
7. Construction or Builder Risk Policy :
This is designed to cover risks incidental to the building of a vessel, usually giving
cover from the time of laying the keel until the completion of trials and handing
over to the owners.
In the case of very large vessel, the period may extend over several years.
8. Blanket/ Open Cover Policy :
In order to arrange their marine insurance in advance and to be assured to be
covered at all times, and also to avoid the effects of possible rapidly fluctuating
rates, it is practice of regular importers and exporters to avail 'Blanket Insurance'.
An open cover policy is an agreement between the assured and his underwriter
under which the former agrees to declare and the latter to accept, all shipments
coming within the scope of the open general cover during some stipulated
period of time.
9. Duty Policy :
In case of CIF contracts, the exporter would have arranged for insurance only up
to CIF value. Customs duty payable if any is the responsibility of the importer and
they can separately obtain custom duty policy on 'standalone basis'.
If goods imported are damaged in transit and such goods can be procured locally
at prices higher than the CIF+ Customs duty, the increase value policy covers such
difference in values.
11. Marine Delays :
Any loss or damage to the equipment during transit which leads to the delay in
completion of the project , commencement of production and thereby loss in profit
is covered under this policy and is also known as 'Consequential loss due
to marine delays' or simply 'Delay Start Up'.
a. The insurer is liable for any loss proximately caused by a peril insured against
b. The insurer is not liable for any loss attributable to the willful misconduct of
the assured but unless the policy otherwise provides, he is liable for any loss
proximately caused by a peril insured against even though the loss would not have
happened but for the misconduct or negligence of the Master or Crew of the Ship.
c. Unless the policy otherwise provides, the insurer is not liable for ordinary wear
and tear, ordinary leakage and breakage, inherent vice or nature of subject matter
insured or for any loss proximately caused by rat or vermin or any injury to
machinery not caused by maritime perils.
It is a notice by the assured to the insurer that he abandons all interests in the
subject matter of insurer unconditionally to the insurer. As per the Section
62, the rules regarding abandonment are:
1. A notice of abandonment should be given by the insured to the insurer. If he
fails to do so, the loss can only be treated as a Partial Loss.
2. The insurer may waive the Notice Of Abandonment.
3.The notice of abandonment must be unconditional and can be done by
expression, writing or both.
4. Notice of Abandonment must be given written within a reasonable time after
the receipt of reliable information of the loss. However in case of doubt,
assured is entitled to a reasonable time to make inquiry and then to notify.
5. When the notice of abandonment is properly given, the rights of the assured
are not prejudiced by the fact that the insurer refuses to accept the
abandonment.
6. The acceptance of abandonment may be either express or implied from the
conduct of the insurer. The mere silence of the insurer after the notice does not
amount to an acceptance.
7. Once the notice of abandonment is accepted, the abandonment is irrevocable.
The acceptance of the notice conclusively admits liability for the loss.
Partial Loss :
Any loss other than total loss is Partial Loss and may be classified into:
a) Particular Average Loss
Claim Documents
time.
The data is not 100% accurate
There is possibility of bias
Non availability of required data to analyze the performance.
The short span of the time provided also one of limitations.
8.2 Conclusion
Today marine insurance has assumed a vast dimension due to ever
expanding trade across the globe.
Marine Insurance has been made mandatory in export-import business.
A marine policy fulfills all the essentials of a valid contract namely Offer
and Acceptance, Consideration, Capacity, Legal Purpose.
Every person has a insurable interest who is interested in marine
adventure.
A marine policy may be assigned by endorsement thereon or in
any other customary manner.
The risk against which cover requires should be fully described
8.3 Bibliography
Wilson, DJ, Donaldson (1997). Lowndes and Rudolf: General Average and
the York-Antwerp Rules. British Shipping Law Library: Sweet & Maxwell.