(二)货运险条款 PICC条款 恶劣气候,由于运输工具遭受搁浅、触礁、沉没、 互撞、与流冰或其他物体碰撞 ICC(B)条款,(C)条款无第(3)项危险。 • vessel or craft being stranded grounded sunk or capsized; • collision or contact of vessel craft or conveyance with any external object other than water • entry of sea lake or river water into vessel craft hold conveyance container liftvan or place of storage 根据以上条款,可知雨淋导致货物湿损不受ICC(B) (C)条款承保,但应由(A)条款承保。PICC条款 也应承保。
无法确定的海上灾害 在被保险人无法证明造成损害的某一事故或事件及其为偶然或意外事 故/事件的情况下,例如损害原因无法确定或者船舶失踪,法院可能通 过事实推定认定某一损害为无法确定的海上灾害造成。 Presumption of loss by an unascertainable peril of the sea When a claimant is unable to present direct evidence showing the precise nature or event of the cause of a loss, such as in the case of a missing ship or when the loss is inexplicable, he may seek the assistance of the court with the request that a presumption of a loss by an unascertainable peril of the seas be drawn in his favour. This plea, if granted, will allow the claimant to present his evidence by way of inference to signify the cause or reason for that loss. But, before a presumption of loss by an unascertainable peril of the sea is allowed, the court has to be satisfied that certain condition are fulfilled, namely, that the ship was seaworthy when she set sail, and that an uninsured peril did not cause the loss. The purpose of this is to eliminate from the inquiry causes of loss, including unseaworthiness, that are not covered by the policy. It will facilitate the court to make the deduction that, as causes of loss which are not insured have been discounted, the loss must have been caused by an unascertainable peril of the seas. Susan Hodges Cases and materials on marine insurance law Chapter 11