船壳险和保赔险的介绍_碰撞
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船舶保险的种类和保障项目船舶保险是指为了减轻船舶所有者或船东在航行中可能遇到的风险和损失而购买的一种专门保险合同。
根据保险责任和保障范围的不同,船舶保险可以分为多种种类。
本文将介绍船舶保险的种类以及常见的保障项目。
一、船舶保险的种类1. 整船保险整船保险是指保险人对被保险船舶一次性投保,无论船舶是否在航行中发生事故,保费一般是基于船舶价格的一定比例。
整船保险一般适用于大型船舶,如货轮和油轮等,保障范围广,可覆盖船舶在航行中的各类风险。
2. 责任保险责任保险是指保险人对船舶所有者或船东在船舶使用过程中可能对第三方造成的人身伤亡或财产损失进行保障。
责任保险一般适用于商业船舶,如客船和渡轮等。
保费多基于船舶的运营范围和运力等因素。
3. 运输保险运输保险是指对船舶在货运过程中的货物损失或运输过程中可能遇到的意外事件进行保障。
运输保险一般包括货物运输险和运输人伤险,以保护船舶货物和乘客的利益不受损失。
二、船舶保险的保障项目1. 撞船保险撞船保险是船舶保险中最常见的保障项目之一。
它包括一切因撞击、触礁、搁浅等导致船舶外部损坏或沉没的风险。
此保障项目可为船舶所有者或船东提供修复费用或船舶价值的赔偿。
2. 火灾爆炸保险火灾爆炸保险是指对船舶在航行中可能发生的火灾和爆炸事故进行保障,包括由于设备故障、意外火警或恶劣天气等因素引起的火灾和爆炸。
此保障项目可提供船舶修复费用或船舶价值的赔偿。
3. 水渍保险水渍保险是指对船舶在航行中可能发生的涨潮、漏水、破裂等导致船舶内部水渍损坏的风险进行保障。
此保障项目可为船舶所有者或船东提供修复费用或船舶价值的赔偿。
4. 天气保险天气保险是指对船舶在航行中可能受到的恶劣天气条件下的风险进行保障,如台风、暴雨、大雾等。
此保障项目可提供船舶损失的赔偿,保障船舶在恶劣天气中的安全。
5. 海盗保险海盗保险是指对船舶在海上可能遭受海盗袭击和劫持的风险进行保障。
此保障项目可提供船舶所有者或船东的赔偿,并支持寻求解救和安全处理船舶遭劫持的问题。
船舶保险知识点总结一、船舶保险概述船舶保险是指以船舶为标的进行的保险业务。
船舶保险是海上运输保险的一种,是一种保证航海活动安全的金融保障措施。
船舶保险主要根据被保险人的需求和保险公司的商业利益,制定合同,约定在保险期间,如果船舶在航行过程中发生意外,保险公司将对损失进行赔偿。
二、船舶保险的类别1. 海上货物保险:主要保障货物在海上的损失,包括碰撞、漏舱、船舶火灾等情况。
2. 船舶本体保险:主要保障船舶本身在航行或停靠过程中可能发生的意外损失,包括船舶损坏、丧失、触礁、沉没等。
3. 运输船舶责任保险:主要保障航运企业对第三方造成的人身伤害、财产损失等责任。
三、船舶保险的保险责任1. 按照保险合同规定,保险公司有责任承担因保险期间内海上风险所导致的损失。
2. 保险责任一般包括船舶本体的保险责任、货物保险责任、船舶责任保险等。
3. 对于船舶保险合同中的特别约定,保险公司应承担由此产生的保险责任。
四、船舶保险的保险金额1. 船舶保险的保险金额是指在保险合同中明确规定的,保险公司在受保险事故发生后应对被保险人或受益人赔偿的最高限额。
2. 保险金额是根据船舶或货物的实际价值来确定的,一般需要通过评估来确定保险金额。
3. 被保险人和保险公司在签订船舶保险合同时应根据船舶的价值确定保险金额。
五、船舶保险的保险费率1. 船舶保险的保险费率是指保险合同中规定的船舶保险费率,一般是根据船舶的价值、航行区域、保险金额、保险期限、船龄、船舶类型等因素确定的。
2. 船舶保险的保险费率根据不同的船舶保险种类和不同的险别有所不同。
3. 保险费率一般包括基础保险费率和附加费率。
六、船舶保险的投保和理赔流程1. 船舶保险的投保流程(1)选择保险公司:根据船舶保险需求,选择信誉良好的保险公司。
(2)确定保险金额和保险费率:根据船舶的价值和航行情况确定保险金额和保险费率。
(3)签订保险合同:被保险人和保险公司签订船舶保险合同。
2. 船舶保险的理赔流程(1)发生保险事故:被保险船舶发生保险事故,通知保险公司进行理赔。
船舶行业的船舶保险与索赔保障船舶资产船舶保险在船舶行业中扮演着非常重要的角色。
船舶是一种昂贵的资产,因此船舶保险的存在是必要的。
它能够为船舶所有人和运营商提供保障,防止经济损失,并确保船舶业务的正常运行。
本文将探讨船舶保险的基本概念和种类,以及索赔保障船舶资产的重要性。
一、船舶保险的基本概念船舶保险是通过购买保险来保护船舶所有人、运营商和利益相关方免受经济损失的保障措施。
它可以分为以下几个基本概念:1. 船体保险:这种保险保护船舶免受外部因素(如碰撞、火灾等)造成的物理损坏。
当这种损害发生时,船体保险可以帮助修复或替换受损的部分。
2.第三方责任保险:船舶保险还可以提供第三方责任保险,以保护船舶所有人和运营商免受对他人人身伤害或财产损失所需承担的法律责任。
3.货运保险:对于运输货物的船舶,货运保险是非常关键的。
它保护货物所有者免受货物在运输过程中丢失或损坏的经济损失。
二、船舶保险的种类船舶保险可以根据船舶特点和保险对象的需求来划分为不同的种类。
以下是一些常见的船舶保险种类:1.全险:全险是最全面的船舶保险。
它覆盖了船体保险、第三方责任保险和货运保险。
对于船舶所有人和运营商来说,购买全险是最安全和最全面的选择。
2.水渍险:水渍险主要针对船只在河流或内陆水道上运输货物的情况。
它保护货物免受水渍损坏的风险。
3.海洋货物保险:海洋货物保险适用于海上运输货物的情况。
它覆盖货物在运输过程中可能面临的各种风险,如海盗劫持、货物灭失等。
三、索赔保障船舶资产的重要性索赔保障船舶资产的重要性在船舶保险中是至关重要的。
对于船舶所有人和运营商来说,船舶资产是他们的核心财产。
如果发生事故或海上灾难,船舶资产将面临巨大风险。
以下是索赔保障船舶资产的重要性:1.经济保护:索赔保障船舶资产能够确保在发生意外情况时能够获得经济上的补偿。
这有助于减小损失,保护船舶所有人和运营商的财务状况。
2.业务连续性:由于船舶是商业运营的关键资产,索赔保障可以确保船舶业务的连续性。
船舶险和保赔险保障范围船舶险和保赔险是两种常见的保险类型,它们提供了对船只及其所载货物和人员的保障。
本文将详细介绍船舶险和保赔险的保障范围和特点。
一、船舶险保障范围船舶险是指对船只本身及其所载货物和人员进行保险的一种保险形式。
船舶险的保障范围主要包括以下几个方面:1. 船只本身的保障:船舶险可以对船只本身进行保险,包括船只的损失或损坏、沉没或失踪等情况。
无论是因为自然灾害、事故还是其他原因导致的船只损失,船舶险都能提供相应的赔偿。
2. 货物的保障:船舶险还可以对船上所载货物进行保险。
无论是因为船只的事故、货物的丢失或损坏,还是因为海盗劫持等原因导致货物遭受损失,船舶险都能提供相应的赔偿。
3. 人员的保障:船舶险还可以对船上的人员进行保险。
无论是船上工作人员还是乘客,如果在航行过程中发生意外事故导致人员伤亡或残疾,船舶险都能提供相应的赔偿。
船舶险的保障范围是非常广泛的,它可以为船只的所有者、货物的所有者和乘客提供全方位的保障。
二、保赔险保障范围保赔险是指为船只所有者提供的一种保险形式,它主要是为了保护船只所有者免受船只丢失或损坏所造成的经济损失。
保赔险的保障范围主要包括以下几个方面:1. 船只的损失或损坏:保赔险可以对船只的损失或损坏进行保险。
无论是因为自然灾害、事故还是其他原因导致的船只损失,保赔险都能提供相应的赔偿,帮助船只所有者恢复损失。
2. 船只的丧失:保赔险还可以对船只的丧失进行保险。
如果船只在航行过程中丢失或被盗,保赔险可以提供相应的赔偿,帮助船只所有者弥补经济损失。
3. 船只的责任:保赔险还可以对船只所有者的法律责任进行保险。
如果船只在航行过程中发生意外事故导致他人受伤或财产损失,保赔险可以提供相应的赔偿,帮助船只所有者承担责任。
保赔险的保障范围主要是针对船只所有者的经济损失进行保险,确保他们在船只丢失、损坏或责任事故发生时能够得到相应的赔偿。
三、船舶险和保赔险的区别船舶险和保赔险都是针对船只及其所载货物和人员进行保险的形式,但它们在保障范围和保险对象上有所不同。
船舶保险概述什么是船舶保险?船舶保险怎么办理?都有哪些分类?下面店铺来为你介绍。
船舶保险是指以各种船舶、水上装置及其碰撞责任为保险标的的保险。
它是运输工具保险中的主要险种之一,一般为内河船舶保险和远洋船舶保险。
船舶保险一般采用定期保险单或航程保险单。
船舶保险的保险责任一般包括各种水上风险。
具体有以下几项:1、海上灾害,即在海洋运输中所遭遇的恶劣天气、海啸、沉没、碰撞、火灾、爆炸等意外事故;2、船舶失踪,指船舶在海上航行,因遇大风或其他海难中失踪且通过委请有关方面进行搜寻,仍无法确定船舶去向和下落,只要超过规定时间,即可按推定全损处理;3、碰撞与碰撞责任,是指船与船相碰、船与码头和其他固定建筑物碰撞等造成被保险船舶的损失。
船舶碰撞责任则是由于航行疏忽或过失致使他人财产受损,在法律上应负的民事损害赔偿责任。
对碰撞责任的划分一般有以下几种情况:一是不可抗拒力所致,如台风造成的失控,碰撞船舶与被碰撞船舶双方损害自负;二是由单方面过失所致,其损害赔偿责任应由过失方承担,这种情况大多发生在港内行使或锚泊等过程中;三是互有过失所致,其损害赔偿责任要按每一方的过失程度的比例,各自赔偿对方所受到的损失。
对船舶碰撞的保险属于财产保险范围,对船舶碰撞责任的保险则属于责任保险的范畴。
船舶保险的几项特殊规定条款如下:姐妹船条款。
姐妹船是指两条或数条船舶同属一个船东所有。
姐妹船之间的碰撞或救助不构成法律责任,因此不产生赔偿责任或给付救助报酬的义务。
但实际上同一船东的船舶相撞或救助总会造成一定的经济损失。
为了补偿被保险人的经济损失,对姐妹船可视同分属两个船主所有,对它们之间发生的碰撞,按照裁定的责任负责赔偿,对他们之间产生的救助,也按照一定救助惯例支付救助费用。
但对此必须由仲裁人作出公断。
碰撞与碰撞责任条款。
碰撞指被保险船舶发生碰撞事故后,保险人只承担其本身船舶的损失。
碰撞责任指被保险船舶发生碰撞事故后,保险人对被碰撞船舶以及其他物体应负的赔偿责任。
船舶保险条款本保险的保险标的是船舶,包含其船壳、救生艇、机器、设施、仪器、索具、燃料和物料。
本保险分为全损险和全部险。
一、责任范围(一 )全损险本保险承保因为以下原由所造成的被保险船舶的全损:地震、火山迸发、闪电或其余自然灾祸;搁浅、碰撞、触碰任何固定或浮动物体或其余物体或其余海上灾祸;火灾或爆炸;来自船外的暴力偷窃或海盗行为;扔掉货物;核装置或核反响堆发生的故障或不测事故;本保险还承保因为以下原由所造成的被保险船舶的全损:①装卸或挪动货物或燃料时发生的不测事故;②船舶机件或船壳的潜伏缺点;③船长、海员存心伤害被保险人利益的行为;④船长、海员和引水员、修船人员及租船人的大意行为;⑤任何政府当局,为防备或减少因承保风险造成被保险船舶破坏惹起的污染,所采纳的行动。
但此种损失原由应不是因为被保险人、船东或管理人未克尽责责所致的。
(二 )全部险本保险承保上述原由所造成被保险船舶的全损和部分损失以及以下责任和花费:1.碰撞责任①本保险负责因被保险船舶与其余船舶碰撞或触碰任何固定的、浮动的物体或其余物体而惹起被保险人应负的法律赔偿责任。
但本条对以下责任概不负责:a.人身伤亡或疾病;b.被保险船舶所载的货物或财物或其所承诺的责任;c.消除阻碍物、残骸、货物或任何其余物件;d.任何财富或物体的污染或沾污 (包含预防举措或消除的花费 )但与被保险船舶发生碰撞的他船或其所载财富的污染或沾污不在此限。
e.任何固定的、浮动的物体以及其余物体的延缓或丧失使用的间接花费。
②当被保险船舶与其余船舶碰撞两方均有过错时,除一方或两方船东责任受法律限制外,本条项下的赔偿应按交错责任的原则计算。
当被保险船舶碰撞物体时,亦合用此原则。
③本条项下保险人的责任 (包含法律花费 )是本保险其余条款项下责任的增添部分,但对每次碰撞所负的责任不得超出船舶的保险金额。
2.共同海损和救援①本保险负责赔偿被保险船舶的共同海损、救援、救援花费的分摊部分。
The interface between hull and machinery insurance and P&I from the P&I claims handler's perspectiveGard News has a look at the cover for collision liability and liability for contact damage to third party property under the most common standard hull terms and the P&I Rules, and considers how the two types of cover interact in practice.IntroductionP&I insurance is primarily intended to cover a shipowner or operator’s liability to others and it generally excludes damage to the insured’s own property.1 Hull and machinery is basically insurance for the client’s ship as its primary asset. Where the two types of insurance interact is in the area of collision liability and liability for contact damage to third party property.Is it necessary for those handling P&I claims to understand the basics of hull and machinery terms? For those handling liability for property claims, the answer is a definite “yes”. Hull and machinery and P&I are often complementary when it comes to collision liability and liability for damage to piers, loading cranes and other third party property. As a matter of fact, the first need of protection insurance (the “P” in P&I) arose because hull underwriters in the mid-1800s were not prepared to cover more than three-fourths of shipowners’ c ollision liability. Mutual insurance associations of shipowners evolved to protect each other in respect of losses arising out of bearing one-fourth liability as self-insurance.Liability arising out of Collision or StrikingCollision liability means the liability of the insured to third parties who sustain injury, damage or loss as a result of the collision of the insured vessel with another vessel. Such third parties can be the owner of the other vessel involved in the collision, owners of cargo on board the other vessel, persons on board the other vessel who may sustain injury, or other parties affected by the consequences of the collision, e.g., by the escape of bunker oil from the other vessel.All standard hull conditions cover collision liability, but English terms cover only three-fourths. Hence, under English conditions it is envisaged that the assured will place insurance for the remaining one-fourth liability elsewhere – typically added to the P&I insurance. Such addition must be explicit in the P&I terms of entry.Under the Norwegian Marine Insurance Plan, a shipowner may insure his full (four-fourths) collision liability with the hull underwriter, but even in such a case there are certain liabilities arising out of a collision that would not be covered, e.g., liability in respect of death or personal injury sustained by persons on theother vessel, or liability for pollution arising out of a spill from the other vessel.2A limitation that applies to all standard hull conditions is that the owner is insured for collision liability up to the insured value of the vessel, but no further. In certain circumstances, the collision liability may exceed that insured value, in which case the P&I insurance will respond. This is the so-called “excess collision liability cover”.Another intriguing aspect is that there are variations in the standard hull conditions in different markets on the extent and type of collision liability cover. One example: if the other vessel sinks as a result of the collision and a wreck removal is ordered by the authorities –would the hull cover respond to the collision liability proportion of the wreck removal costs? The answer will differ across conditions and markets,3 and since the P&I insurance will respond to the liability that falls outside the hull insurance, the P&I underwriter must obtain information as soon as possible in order to properly assess the exposure and protect his interests.1 Rule 63 of Assuranceforeningen Gard’s 2005 Rules for Ships excludesdamage to the ship or any part thereof unless it forms part of a claim for confiscation under Rule 49. Rule 50, however, allows recovery where the member is the owner of the damaged property and would have been liable had the property been owned by a third party.2Liability for the cost of cleaning the other ship oiled in a collision, however, is covered by hull insurance to the same extent hull insurance covers collision liability.3 For example, Norwegian and German hull conditions include removal ofthe wreck of the other vessel as a collision liability. English and Swedish conditions do not.Some shipowners have placed full (four-fourths) collision liability under their P&I insurance. This collision liability cover would be the most comprehensive liability cover, because all third party liability arising out of the collision would in principle be covered without restrictions or monetary limitations. However, the shipowner would still need his hull and machinery insurance to deal with the loss of or damage to his own vessel.Standard hull and machinery conditions also provide cover in respect of liability arising out of the striking by the insured ship of third party property other than a ship. The insurance covers the risk of loss or damage caused by physical contact between the hull or the insured vessel (or equipment permanently affixed to the vessel) and third party property, for example a pier or buoy. Americans sometimes refer to such incidents as “allision” but this is not a universal term. FFO (damage to fixed and floating objects) is the shorthand forstriking damage under the English terms.Whereas collision liability is sometimes apportioned three-fourths/one-fourth between hull and P&I, the FFO liability risk is very rarely split in this way. Standard English hull conditions exclude the FFO liability risk, which the shipowner would then add to the P&I insurance. Under Norwegian conditions, the FFO liability risk is usually placed under the hull insurance. The same goes for German conditions, which also provide cover for damage to third party property caused by the movement of the insured vessel even absent any physical contact – e.g., property damage caused by a wave created by the insured vessel passing at excessive speed.Again, the cornerstone of the P&I insurance is that it responds to liabilities that are not covered under the hull insurance. Hence, the P&I insurance would cover “wave damage” liability when the ship is insured on English hull conditions.There are also variations in standard hull conditions across markets as to the scope of cover for liabilities not caused by collision or striking as defined above. Examples are property damage caused by the use of the ship’s equipment in the course of operations, for instance the dragging of a sub-sea fibre cable by the ship’s anchor or the damage to terminal equipment by the ship’s crane. Again, the P&I insurance will respond to liabilities that fall outside the terms of the hull insurance. Summary of conditions for collision and FFO cover under main hull and machinery terms availableEnglish – ITC Hull 834 German – D.T.V.5 NorwegianMarine InsurancePlan (andother Scandinavianhullterms) Running Down Clause (RDC): Three-fourths to be covered by hull and machinery terms, one-fourth to be covered by P&I. Fixed and Floating Objects (FFO):Four-fourths to becovered by P&ICollision (RDC) and striking (FFO) covered by hull and machinery terms plus liability for damagecaused by movements ofthe vessel or navigationalmeasures including wavedamage.Collision (RDC) and striking (FFO) covered by hull and machinery terms.Comparison of conditionsIt is beyond the scope of this article to set out all the variations in standard hull conditions around the world, but some of the more important differences between English, German and Norwegian conditions are tabled below.P&I cover for collision, striking and other property damageThe P&I insurance is designed as a named risk cover, where only risks that are positively mentioned in the terms of entry and the Club’s Rules will be covered. The member is covered for the risks specified in Parts II, III and IV of the Rules as are agreed between the member and the Association. P&I cover for collision, striking and damage to property begins only where standard hull terms leave off. This is made explicit in Rule 71.6Rules 36, Collision with other ships,7and 37, Damage to fixed or floating objects,8 cover the liability not covered by the hull insurance. Further, Rule 39, Loss or damage to property,9 will pick up liability for property damage that is not customarily covered by standard hull terms. For example, liability for damage to third party property caused by the ship’s use of equipment is not covered by standard hull terms. Thus, damage to the dock caused by the ship’s cargo gear while engaged in cargo operations would be a P&I liability. Because standard hull conditions differ, and because P&I is designed to pick up liability only where standard hull terms leave off, the P&I claims handler must know the facts of the incident and the terms of the hull policy before deciding whether the particular property claim falls within the P&I cover.4 The Institute Time Clauses, Hulls, 1.10.83 (ITCH 83) remain the mostwidely-used version of English conditions. Under their latest version(International Hull Clauses 2003) four-fourths RDC and FFO areoptional.5Deutschen Transportversicherungs Verband; DTV Hull Clauses 1978, revised in 1982, 1984,1992 and 1994.6“Rule 71 Other insuranceThe Association shall not cover:Liabilities, losses, costs or expenses which are covered by the HullPolicies or would have been covered by the Hull Policies had the Shipbeen fully insured on standard terms (…)”.7“Rule 36 Collision with other shipsThe Association shall cover liability to pay damages to any otherperson incurred as a result of a collision with another ship, if and to theextent that such liability is not covered under the Hull policies on theShip, including:– one fourth of the liability incurred by the member; or– four fourths of such liability; or– such other fraction of such liability as may be applicable and havebeen agreed with the Association (…)”.8“Rule 37 Damage to fixed or floating objectsThe Association shall cover:(a) liability for loss or damage to any fixed or floating object by reasonof contact between the Ship and such object, when not covered underthe Hull Policies (…)”.9“Rule 39 Loss or damage to propertyThe Association shall cover liability for loss of or damage to propertyn ot specified elsewhere in Part II of these Rules.”Claims handling considerationsWhat considerations drive a shipowner to place collision and striking (FFO) risks with either hull and machinery or P&I? A vital factor will always be price, but there are other important factors as well. From a claims handling standpoint, there are certain benefits of placing the full collision and FFO liabilities with one insurer that ought not to be overlooked.In a serious collision or FFO incident, the interplay between the shipowner and affected underwriters is of vital importance. Several aspects must be considered and co-ordinated at an early stage. One such aspect is security for claims to third parties in order to prevent the arrest of the insured ship. Such an arrest may cause material losses as it will delay the inspection and repair of the ship, which may increase the exposure for the hull and loss of hire underwriters. Hence, there will usually be some pressure on the underwriters to provide security. The more “patchy” the conditions of cover, the more difficult this is likely to be.Sometimes the P&I underwriter is requested to provide a P&I Club letter of undertaking (LOU) to cover liability that should properly fall on the hull underwriters, e.g., in a collision case where the hull underwriters cover three-fourths of the liability. One reason is that an LOU from an International Group Club is more often accepted than letters of undertaking from the hull underwriters, and can be arranged more quickly and with les s cost. Gard’s policy in these circumstances is that a P&I Club LOU can be “injected” as security for liabilities covered by the hull underwriters if Gard Marine has claims lead on the hull policy. Gard P&I will do so against a letter of counter-security from Gard Marine covering all hull underwriters. No bail fee will be charged by Gard P&I from Gard Marine in such a case, but Gard Marine will require adequate counter-security from each of the other hull underwriters for their respective shares of the potential liability and charge a bail fee from each of them.If, on the other hand, the hull insurance is placed elsewhere, Gard P&I may be prepared to issue an LOU as security for any liability cover by hull, but only against adequate counter-security from one provider (lead hull, bank or otherfinancial institution) with an acceptable credit rating. The collection of a multitude of counter-securities from various underwriters who participate on the hull “slip” in sometimes very different markets – all of which are subject to varying credit ratings and enforceability terms – is not attractive for Gard when attempting to assist a shipowner member in need.In such cases, Gard P&I will charge a bail fee of one per cent of the security amount. An additional bail fee of one per cent per annum will start to accrue if the Gard LOU is pending one year after it was issued.Hull and machinery and P&I are often complementary when it comes to collision and FFO.ConclusionsEffective claims handling in high value property cases rests on the ability of the claims handler to understand how the facts of the incident may interplay with different hull conditions. In essence, where should a loss fall at the end of the day? When the interplay between hull terms and P&I is determined early, there will be more effective decision-making regarding the roles of the various insurers. Before deciding on placing the RDC and FFO risks with a particular hull underwriter, owners should consider the service aspects that come with the insurance; i.e., what will be the likely response to the incident from the underwriters involved when the need for assistance arises? There is more to this equation than the insurance compensation at the end of the day. Immediate, attentive and specialised casualty handling that is well co-ordinated under insurance arrangements that are seamlessly aligned will save money. Gard P&I and Gard Marine are both in the position of being able to provide the full range of insurance and service that shipowners need to sleep easy when it comes to collision and FFO risks.。
船舶保险简介广义的船舶保险是以船舶及其附属品为保险标的的保险业务。
根据船舶所处的状态分为船舶营运险、船舶建造险、船舶停航险、船舶修理险、拆船保险和集装箱保险等。
狭义的船舶保险就是指船舶营运险,其中又可以分为基本险、附加险和特殊附加险三种。
集装箱险的标的就是营运过程中的集装箱,其中也可以分为基本险和特殊附加险两种。
基本险中也可分为全损险和一切险两种。
船舶基本险船舶基本险是投保船舶营运险时必须投保的一个项目,包括两个选择:全损险和一切险。
船舶全损险船舶全损险是船舶营运保险的一个基本险种,投保人在投保时可以选择使用。
在这一险别下保险人的保险责任为:①自然灾害和意外事故。
自然灾害是指来自于自然现象的人力不可抗拒的灾害事故,包括地震、火山爆发、闪电等。
而意外事故则是被保险人意料之外的损害事故,专指船舶搁浅、碰撞、触礁、沉没、失踪、火灾、爆炸等。
②来自船外的暴力盗窃或海盗行为。
此类海上风险过去被列为战争险的责任范围。
随着海上航运的发展和船舶保险提供保险保障的需要,现在国际上各个船舶保险条款均把其列入承保范围,并扩大了风险范围。
只要是来自船外的暴力盗窃,不论是否属于海盗行为引起的损失,保险人均予赔偿。
③抛弃货物。
这里所指的是在被保险船舶遭遇海上危险时,抛弃货物所引起的船舶灭失或损坏,例如因抛货使船舶失去稳定性而倾覆沉没,并构成实际全损或推定全损。
④核装置或核反应堆发生的故障或事故。
现代海上航运中,核动力的应用日益广泛,相应地,由此发生故障或事故致使被保险船舶全损的危险必然存在,故已成为船舶保险的保险责任的组成部分。
⑤船舶机件和船壳的潜在缺陷。
由合格的检验人员按照正常的检验方法不能发现的瑕疵即为船舶机件或船壳的潜在缺陷,因此导致被保险船舶的全损,保险人承担保险责任。
⑥由于有关人员的过错造成被保险船舶的全损,具体包括:装卸或移动货物或燃料时发生的意外事故,船长、船员有意损害被保险人利益的行为,船长、船员或引水员、修船人员及租船人的疏忽行为,任何政府当局为了防止或减轻因承保风险造成被保险船舶损坏引起的污染 ( 如油污风险 ) 所采取的行动等。
船舶险的种类和性质船舶险是指船舶的所有人、光船租赁人、经营人和治理人为了减少船舶和其它利益的风险责任,与保险人签定保险合同,并支付保险费,约定对可能发生的事故因其发生所造成的财产损失或人身伤亡,由保险人承当保险补偿责任的保险。
船舶险,一般均将其列入财产险类中,因为它较多的是反映了保险船舶本身的物质损失。
但是,船舶险与其它财产险是有一定的区别的。
一般财产险的保险标的仅是作为保险对象的财产,当该财产因保险责任内的事故发生损坏或灭失时,由保险人对该损失給付保险赔偿金。
但船舶险中,其包含的内容是有所不同的。
就国内船舶保险条款规定,投保船舶险,已包含以下保险责任:1.船壳险,指因自然灾害和责任事故造成保险船舶全部或局部损失,及保险船舶在航行中失踪;2.碰撞责任险,保险船舶与它船或它物发生直接碰撞,造成对方的船、货、物或/和人员伤亡的赔偿责任;3.共同海损险,按规定应由保险船舶摊负的共同海损牺牲和费用;4.施救和救助费用,被保险人为防止或减少保险船舶的损失而支付的、必要的和合理的施救和救助费用;国内船舶一旦投保了船舶险,保险人已承当了上述四种责任的全数,保单列明除外责任或特约规定除外。
但按从1997年开场实行的、经中国人民银行总行修订的?沿海、内河船舶保险条款?的规定,沿海、内河船舶保险被修改分为全损险和一切险,一切险包括船舶的全数和局部损失、碰撞和触碰责任、一起海损和救助及施救。
但碰撞和触碰责任仅负责补偿金额的四分之三,即百分之七十五;一起海损、救助和施救三项费用之和的累计最高补偿额以不超过保险金额为限。
新的条款将船舶险分为三个险种,即:船壳险、碰撞和触碰险、一起海损、救助、施救险。
在涉外船舶保险中,通常称为远洋船舶保险,又分为两种:全然险和附加险,全然险又分为全损险和一切险:附加险有战争险和罢工险两种。
全损险,是指保险船舶遭受承保风险受损时,只有全部损失,保险人才承当补偿责任,对局部损失,那么不负任何责任。
The interface between hull and machinery insurance and P&I from the P&I claims handler's perspectiveGard News has a look at the cover for collision liability and liability for contact damage to third party property under the most common standard hull terms and the P&I Rules, and considers how the two types of cover interact in practice.IntroductionP&I insurance is primarily intended to cover a shipowner or operator’s liability to others and it generally excludes damage to the insured’s own property.1 Hull and machinery is basically insurance for the client’s ship as its primary asset. Where the two types of insurance interact is in the area of collision liability and liability for contact damage to third party property.Is it necessary for those handling P&I claims to understand the basics of hull and machinery terms? For those handling liability for property claims, the answer is a definite “yes”. Hull and machinery and P&I are often complementary when it comes to collision liability and liability for damage to piers, loading cranes and other third party property. As a matter of fact, the first need of protection insurance (the “P” in P&I) arose because hull underwriters in the mid-1800s were not prepared to cover more than three-fourths of shipowners’ c ollision liability. Mutual insurance associations of shipowners evolved to protect each other in respect of losses arising out of bearing one-fourth liability as self-insurance.Liability arising out of Collision or StrikingCollision liability means the liability of the insured to third parties who sustain injury, damage or loss as a result of the collision of the insured vessel with another vessel. Such third parties can be the owner of the other vessel involved in the collision, owners of cargo on board the other vessel, persons on board the other vessel who may sustain injury, or other parties affected by the consequences of the collision, e.g., by the escape of bunker oil from the other vessel.All standard hull conditions cover collision liability, but English terms cover only three-fourths. Hence, under English conditions it is envisaged that the assured will place insurance for the remaining one-fourth liability elsewhere – typically added to the P&I insurance. Such addition must be explicit in the P&I terms of entry.Under the Norwegian Marine Insurance Plan, a shipowner may insure his full (four-fourths) collision liability with the hull underwriter, but even in such a case there are certain liabilities arising out of a collision that would not be covered, e.g., liability in respect of death or personal injury sustained by persons on theother vessel, or liability for pollution arising out of a spill from the other vessel.2A limitation that applies to all standard hull conditions is that the owner is insured for collision liability up to the insured value of the vessel, but no further. In certain circumstances, the collision liability may exceed that insured value, in which case the P&I insurance will respond. This is the so-called “excess collision liability cover”.Another intriguing aspect is that there are variations in the standard hull conditions in different markets on the extent and type of collision liability cover. One example: if the other vessel sinks as a result of the collision and a wreck removal is ordered by the authorities –would the hull cover respond to the collision liability proportion of the wreck removal costs? The answer will differ across conditions and markets,3 and since the P&I insurance will respond to the liability that falls outside the hull insurance, the P&I underwriter must obtain information as soon as possible in order to properly assess the exposure and protect his interests.1 Rule 63 of Assuranceforeningen Gard’s 2005 Rules for Ships excludesdamage to the ship or any part thereof unless it forms part of a claim for confiscation under Rule 49. Rule 50, however, allows recovery where the member is the owner of the damaged property and would have been liable had the property been owned by a third party.2Liability for the cost of cleaning the other ship oiled in a collision, however, is covered by hull insurance to the same extent hull insurance covers collision liability.3 For example, Norwegian and German hull conditions include removal ofthe wreck of the other vessel as a collision liability. English and Swedish conditions do not.Some shipowners have placed full (four-fourths) collision liability under their P&I insurance. This collision liability cover would be the most comprehensive liability cover, because all third party liability arising out of the collision would in principle be covered without restrictions or monetary limitations. However, the shipowner would still need his hull and machinery insurance to deal with the loss of or damage to his own vessel.Standard hull and machinery conditions also provide cover in respect of liability arising out of the striking by the insured ship of third party property other than a ship. The insurance covers the risk of loss or damage caused by physical contact between the hull or the insured vessel (or equipment permanently affixed to the vessel) and third party property, for example a pier or buoy. Americans sometimes refer to such incidents as “allision” but this is not a universal term. FFO (damage to fixed and floating objects) is the shorthand forstriking damage under the English terms.Whereas collision liability is sometimes apportioned three-fourths/one-fourth between hull and P&I, the FFO liability risk is very rarely split in this way. Standard English hull conditions exclude the FFO liability risk, which the shipowner would then add to the P&I insurance. Under Norwegian conditions, the FFO liability risk is usually placed under the hull insurance. The same goes for German conditions, which also provide cover for damage to third party property caused by the movement of the insured vessel even absent any physical contact – e.g., property damage caused by a wave created by the insured vessel passing at excessive speed.Again, the cornerstone of the P&I insurance is that it responds to liabilities that are not covered under the hull insurance. Hence, the P&I insurance would cover “wave damage” liability when the ship is insured on English hull conditions.There are also variations in standard hull conditions across markets as to the scope of cover for liabilities not caused by collision or striking as defined above. Examples are property damage caused by the use of the ship’s equipment in the course of operations, for instance the dragging of a sub-sea fibre cable by the ship’s anchor or the damage to terminal equipment by the ship’s crane. Again, the P&I insurance will respond to liabilities that fall outside the terms of the hull insurance. Summary of conditions for collision and FFO cover under main hull and machinery terms availableEnglish – ITC Hull 834 German – D.T.V.5 NorwegianMarine InsurancePlan (andother Scandinavianhullterms) Running Down Clause (RDC): Three-fourths to be covered by hull and machinery terms, one-fourth to be covered by P&I. Fixed and Floating Objects (FFO):Four-fourths to becovered by P&ICollision (RDC) and striking (FFO) covered by hull and machinery terms plus liability for damagecaused by movements ofthe vessel or navigationalmeasures including wavedamage.Collision (RDC) and striking (FFO) covered by hull and machinery terms.Comparison of conditionsIt is beyond the scope of this article to set out all the variations in standard hull conditions around the world, but some of the more important differences between English, German and Norwegian conditions are tabled below.P&I cover for collision, striking and other property damageThe P&I insurance is designed as a named risk cover, where only risks that are positively mentioned in the terms of entry and the Club’s Rules will be covered. The member is covered for the risks specified in Parts II, III and IV of the Rules as are agreed between the member and the Association. P&I cover for collision, striking and damage to property begins only where standard hull terms leave off. This is made explicit in Rule 71.6Rules 36, Collision with other ships,7and 37, Damage to fixed or floating objects,8 cover the liability not covered by the hull insurance. Further, Rule 39, Loss or damage to property,9 will pick up liability for property damage that is not customarily covered by standard hull terms. For example, liability for damage to third party property caused by the ship’s use of equipment is not covered by standard hull terms. Thus, damage to the dock caused by the ship’s cargo gear while engaged in cargo operations would be a P&I liability. Because standard hull conditions differ, and because P&I is designed to pick up liability only where standard hull terms leave off, the P&I claims handler must know the facts of the incident and the terms of the hull policy before deciding whether the particular property claim falls within the P&I cover.4 The Institute Time Clauses, Hulls, 1.10.83 (ITCH 83) remain the mostwidely-used version of English conditions. Under their latest version (International Hull Clauses 2003) four-fourths RDC and FFO are optional.5Deutschen Transportversicherungs Verband; DTV Hull Clauses 1978, revised in 1982, 1984,1992 and 1994.6“Rule 71 Other insuranceThe Association shall not cover:Liabilities, losses, costs or expenses which are covered by the HullPolicies or would have been covered by the Hull Policies had the Shipbeen fully insured on standard terms (…)”.7“Rule 36 Collision with other shipsThe Association shall cover liability to pay damages to any other person incurred as a result of a collision with another ship, if and to theextent that such liability is not covered under the Hull policies on theShip, including:– one fourth of the liability incurred by the member; or– four fourths of such liability; or– such other fraction of such liability as may be applicable and havebeen agreed with the Association (…)”.8“Rule 37 Damage to fixed or floating objectsThe Association shall cover:(a) liability for loss or damage to any fixed or floating object by reasonof contact between the Ship and such object, when not covered underthe Hull Policies (…)”.9“Rule 39 Loss or damage to propertyThe Association shall cover liability for loss of or damage to propertyn ot specified elsewhere in Part II of these Rules.”Claims handling considerationsWhat considerations drive a shipowner to place collision and striking (FFO) risks with either hull and machinery or P&I? A vital factor will always be price, but there are other important factors as well. From a claims handling standpoint, there are certain benefits of placing the full collision and FFO liabilities with one insurer that ought not to be overlooked.In a serious collision or FFO incident, the interplay between the shipowner and affected underwriters is of vital importance. Several aspects must be considered and co-ordinated at an early stage. One such aspect is security for claims to third parties in order to prevent the arrest of the insured ship. Such an arrest may cause material losses as it will delay the inspection and repair of the ship, which may increase the exposure for the hull and loss of hire underwriters. Hence, there will usually be some pressure on the underwriters to provide security. The more “patchy” the conditions of cover, the more difficult this is likely to be.Sometimes the P&I underwriter is requested to provide a P&I Club letter of undertaking (LOU) to cover liability that should properly fall on the hull underwriters, e.g., in a collision case where the hull underwriters cover three-fourths of the liability. One reason is that an LOU from an International Group Club is more often accepted than letters of undertaking from the hull underwriters, and can be arranged more quickly and with les s cost. Gard’s policy in these circumstances is that a P&I Club LOU can be “injected” as security for liabilities covered by the hull underwriters if Gard Marine has claims lead on the hull policy. Gard P&I will do so against a letter of counter-security from Gard Marine covering all hull underwriters. No bail fee will be charged by Gard P&I from Gard Marine in such a case, but Gard Marine will require adequate counter-security from each of the other hull underwriters for their respective shares of the potential liability and charge a bail fee from each of them.If, on the other hand, the hull insurance is placed elsewhere, Gard P&I may be prepared to issue an LOU as security for any liability cover by hull, but only against adequate counter-security from one provider (lead hull, bank or otherfinancial institution) with an acceptable credit rating. The collection of a multitude of counter-securities from various underwriters who participate on the hull “slip” in sometimes very different markets – all of which are subject to varying credit ratings and enforceability terms – is not attractive for Gard when attempting to assist a shipowner member in need.In such cases, Gard P&I will charge a bail fee of one per cent of the security amount. An additional bail fee of one per cent per annum will start to accrue if the Gard LOU is pending one year after it was issued.Hull and machinery and P&I are often complementary when it comes to collision and FFO.ConclusionsEffective claims handling in high value property cases rests on the ability of the claims handler to understand how the facts of the incident may interplay with different hull conditions. In essence, where should a loss fall at the end of the day? When the interplay between hull terms and P&I is determined early, there will be more effective decision-making regarding the roles of the various insurers. Before deciding on placing the RDC and FFO risks with a particular hull underwriter, owners should consider the service aspects that come with the insurance; i.e., what will be the likely response to the incident from the underwriters involved when the need for assistance arises? There is more to this equation than the insurance compensation at the end of the day. Immediate, attentive and specialised casualty handling that is well co-ordinated under insurance arrangements that are seamlessly aligned will save money. Gard P&I and Gard Marine are both in the position of being able to provide the full range of insurance and service that shipowners need to sleep easy when it comes to collision and FFO risks.。