The Scope of Marine Insurance
The Scope of Marine Insurance
The Scope of Marine Insurance
This article provides a broad appreciation of the major aspects of marine insurance and is structured by
briefly outlining the history of marine insurance development, then proceeding to touch on the various
types of coverage available, the perils covered and the typical losses that occur under both classes of
cover.
HISTORY
Marine insurance is generally considered to have been the very first type of insurance. The oldest tangible
evidence of this insurance is a policy written in 1343. In a different form, however, marine insurance was
introduced many centuries prior to that time.
Trade of various sorts was an important feature of ancient civilization. At first trade was conducted
primarily on land, but gradually water transportation became more important commercially.
Marine insurance can be traced back to the bottomry bonds and respondentia bonds used in ancient
Greece and Rome and, even further back, to the relationship between Babylonian traders and their
darmathas. Sometime during the Middle Ages, the first true insurance transaction took place. By the
seventeenth century, marine insurance was being transacted by individual underwriters who congregated
in London coffeehouses, most notably Edward Lloyds coffeehouse, which was the predecessor to the
modern Lloyds of London.
PROPERTY INSURANCE insures against financial loss resulting from damage to, or
destruction of, property in which the insured has an insurable interest.
LIABILITY INSURANCE insures against financial loss resulting from some person or
organization making a claim against the insured for damages because of bodily injury, death,
property damage, or some other injury for which the insured is allegedly responsible.
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2.PROPERTY INSURANCE
The principal branches of marine property insurance are (1) cargo insurance, (2) hull and machinery
insurance, and (3) loss of income insurance.
Cargo insurance Cargo insurance covers the interest of shippers, consignees, distributors, and
others in goods and merchandise shipped primarily by water or, if in foreign trade, also by air.
Most cargo insurance involves foreign trade across oceans, but the cargo may also be
transported within a nation or between nations on inland waterways.
Hull and Machinery( H & M) insurance H & M insurance protects ship-owners and others with
an interest in vessels, and the like against the expenses that might be incurred in repairing or
replacing such property if it is damaged, destroyed, or lost due to a covered peril. Usually, hull
insurance on pleasure craft and tugs and barges, is provided as part of a package policy
providing both property and liability coverage.
Loss of income insurance Marine loss of income insurance covers a ship-owner against loss of
business income resulting from damage to or loss of the insured vessel. When written for cargo
vessels, whose income is called freight, the coverage is referred to as freight insurance.
3.LIABILITY INSURANCE
Liability insurance can also be divided into three categories: (1) collision liability, (2) protection and
indemnity, and (3) other liability insurances.
Collision Liability Insurance. Collision liability insurance is included in most commercial hull
insurance policies. Due to reasons such as the size of the H & M policy deductible and prompt
guarantees issued by the P & I Underwriters, it is often more prudent and practical to have this
aspect of cover underwritten under the P & I policy. It covers the liability of the insured vessel
for damage to another vessel and property thereon resulting from collision between the insured
vessel and the other vessel.
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Protection and Indemnity Insurance. Protection and indemnity (P&I) insurance is the major form
of liability insurance for vessels. This insurance protects the insured against (1) liability for bodily
injury or property damage arising out of specified types of accidents, and (2) certain unexpected
vessel-related expenditures.
In many cases, P&I policies are broadened to include coverage for collision liability losses in excess of
the collision liability coverage provided under the hull policy. This optional P&I feature is most desirable
and is quite commonly incorporated into the policy because collision liability coverage whether
underwritten under the H & M or the P & I policy is ordinarily limited to a separate amount of insurance
equal to the agreed value of the vessel, which could be less than needed to pay collision liability claims.
- Liability insurance for maritime businesses such as ship repairers, stevedores, wharfingers, marina
operators, boat dealers and terminal operators
4. COVERED PERILS
The perils clause of a marine property policy lists the causes of loss covered by the policy. The perils of
principal importance covered by hull and cargo policies are the perils of the seas, which do not include
every loss that occurs on the sea, but only accidental, unanticipated losses occurring through
extraordinary action of the elements at sea, as well as mishaps in navigation such as collision with another
vessel or running aground. Various other perils such as fire, lightning, or earthquakeare also named in
the perils clause. As the insurance needs of ship-owners and cargo shippers became more complex, new
clauses were devised to cover additional perils such as bursting of boilers, breakage of shafts, and
accidents in loading and unloading. Eventually, the concept of all-risks policy was introduced, which
states that any risk of physical loss is covered unless it is specifically excluded. War, capture, seizure,
political or labor disturbances, civil commotion, riot, and similar perils are excluded under basic marine
insurance forms but can be bought back through an endorsement or by a separate policy.
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The peril normally covered by a liability policy is a claim or suit brought against the insured claiming
damages for some alleged wrongful act of the insured. Unless the claim is made or the suit is brought, the
insured will not suffer a liability loss, even though the insured may have negligently injured another or
damaged anothers property. The types of loss covered by
liability policies are presented in different ways. Typically, protection and indemnity policies contain
several clauses describing the specific types of losses, costs, or expenses that the insurer will pay if, and
only if, the insured is held liable for and has paid them.
The types of losses covered by cargo and hull policies can be categorized as (1) total loss, (2) particular
average, (3) general average, and (4) sue and labor charges. These categories of losses are described
below.
Total Loss. A total loss can be either an actual total loss or a constructive total loss. An actual total loss
may take any of three basic forms:
Because the interpretation of constructive total loss by some laws is unacceptable to most insurers, some
hull policies usually contain a provision stating that there will be no recovery for a constructive total loss
unless the cost of recovering and repairing the vessel would exceed the agreed value of the vessel.
Similarly, cargo policies ordinarily contain a provision stating that there will be no recovery for a
constructive total loss unless the property is reasonably abandoned in expectation of its becoming an
actual total loss without expending more than the value of the property. The important concept to grasp
for now is that in most marine insurance policies the full amount of insurance is payable in the event of
either an actual or a constructive total loss.
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Particular Average. In marine insurance, an average is a partial loss of vessel or cargo. A particular
average is a partial loss that is to be borne by only a particular interest (such as the vessel alone or one of
the various cargo interests aboard). In contrast, a general average is a partial loss that must be borne
proportionally by all interests in the maritime venture (such as the vessel and all owners of cargo aboard
the vessel on a particular voyage).
Damaged property can be considered general average only if the property was sacrificed in order to save
the entire venture or was somehow damaged as a result of the sacrifice. If this element is lacking, the
damage is a particular average. An example of particular average is fire damage to a vessel and cargo
aboard the vessel.
General Average. General average originated in ancient times as a way to apportion fairly among all
parties to a maritime venture any losses incurred by some of the ventures in the interest of preserving the
entire venture. Modern hull and cargo policies include a provision covering the insureds share of general
average.
In order for a loss to be considered general average, the loss must be a direct consequence of a general
average act. defined as follows:
There is a general average act when, and only when, any extraordinary sacrifice or expenditure is
intentionally and reasonably made or incurred for the common safety for the purpose of preserving from
peril the property involved in a common maritime adventure.
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INTRODUCTION:-
Marine Insurance is a contract under which the insurer undertakes to indemnify the
insured against losses, caused due to perils of the sea. Here perils of the sea include :
(b) Damage to the ship and cargo due to dashing of the waves.
(f) Destruction of the ship and cargo by the crew or captain of the ship, piracy and such
other risks.
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Section 3 of the Marine Insurance Act, 1963 defines a contract of marine insurance as an
insurance cover for marine cargo, air cargo and post parcels. Thus, marine insurance is
used to cover transportation by any of the following modes of transit singly or jointly:
(e) Rail/road.
(d) Air.
(e) Post.
It provides insurance or protection to goods in 'transit' and also extends to storage of goods
provided such storage is incidental to transportation.
Cargo (Marine) insurance is governed by the Marine Insurance Act, 1963, the Insurance
Act, cargo or marine insurance is an insurance cover for marine Insurance Act, cargo or
marine insurance is an insurance cover for marine cargo, air cargo and post cargo parcels.
The purpose of cargo insurance is to protect goods against physical loss or damage during
transit.
All export consignments should preferably be insured even if the terms of sale do not
provide for it. All goods on consignment basis must be insured by the exporter only.
Marine Insurance Contract is an agreement where by the insurance company (insurer) undertakes
to indemnify the owner (insured) of a ship or cargo against risks which are incidental to marine
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adventure. (Section 3 of the Marine Insurance Act, 1963).
1. The insurance company also known as underwriters who assume the liability
when the loss takes place.
2. The insured, i.e. the on who either procures an insurance policy or becomes
beneficiary thought the insurance.
1. Principle of utmost good faith i.e. the insured must disclose to the insurer all the material facts
or circumstances which are known to him or which ought to be known to him in the ordinary course
of business.
2. Principle of insurable interest i.e. no person can enter into a valid contract of
insurance unless he has insurable interest in the object or the life insured. Insurable interest is
understood as an interest in the preservation of a thing or continuance of a life, recognized by
law. Thus one can have an insurable interest only when one would stand to benefit financially by
the continuance of the life or object insured otherwise financial loss would result.Thus,a person
can take policy on his ship an owner of the goods can take policy on cargo and person entitled to
receive freight can take policy on freight. All such persons have insurable interest in the subject
matter. Without insurable interest such contracts are merely wagering agreements which are not
valid contracts.
3. Principle of indemnity i.e. the contracts of insurance only indemnify a loss resulting from risk
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covered under the policy. However the cargo owner are usually allowed a reasonable anticipated
profit. In other words we can say that the marine insurance policy provides a commercial indemnity
rather than indemnity in a strict legal sense.
4. Causal proxima: This principle implies that the insurer becomes liable to pay for loss if the
insured peril or risk is the proximate cause of loss. Thus the insurer would not pay for the loss
to the goods if they are stolen because of unworthy packing in case the policy covers the risk
theft, pilferage and non delivery. In this case the proximate cause of loss is the faulty packing
which facilitated the goods to be stolen. Since this is not covered under the risks specified in the
policy the insurer would not indemnify the loss.
i.The name insured, or of some person who effects the insurance on behalf of the insured.
ii.The subject matter insured and the risk insured against losses.
iii.The voyage or period of time or both, as the case may, covered by the insurance,
3. FOB(Free on board)
These terms of sale are agreed upon mutually by both the parties to the contract. It is
recommended by the Reserve Bank of India that the exporter should obtain the
sellers contingency insurance to protect himself against the possible loss to the goods
taking place before the insurable interest passes on to the buyer. This policy is not
negotiable to the overseas buyers and the claims under the his policy are paid in India
in rupees.
In case the exporter is paying insurance premium on behalf of the foreign buyer, then he is
required to declare that:
(a) insurance charges on the shipment have to be borne by him in terms of his
contract with the overseas buyer and that he is not making payment on behalf of
any non resident.
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1. The marine cargo insurance policies are freely assignable as the consignee finally takes the
goods pass through various hands before the consignee finally takes their delivery. The
assignment of insurance policy is allowed in terms of section 52 and 53 of the Marine Insurance
Act 1963.A Marine Insurance Policy can be assigned either before or after the loss.
3.Insurable interest of the claimant must exist at the time of loss of the cargo.
4. The value of the insurance policy is the sum agreed between the insured and the insurer. Thus
these policies are always on agreed value basis. Since contracts of insurance provide for indemnity
the loss suffered by the insured is not just the loss suffered by the insured is not just the loss
represented by the value of the goods but also the amount of profit that the parties would have
earned from the sale of those goods. That is why the marine insurance policies are taken for a value
equal to 110% of the CIF value of the goods i.e. 10% more than the CIF value to account for
the anticipated profits.
5. The contract of marine insurance is a contract of commercial indemnity and not pure
indemnity because this insurance provides for indemnity against the loss of profits as well.
6. The duration of the marine insurance policy is based on the institute cargo clause yet it is
provided to include the period of transit, the time of discharge of the goods and the time of
arrival of the goods. Generally the duration of the policy covers time upto 30 days after arrival of
the goods in case of air shipments and 60 days after the arrival of shipments by sea to allow for the
transportation of cargo from the final port of discharge to the warehouse of the importer.
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TYPES OF MARINE INSURANCE POLICIES
The contract of cargo insurance in international trade transactions takes three forms. It comes into
being when either a specific Voyage (and time) policy or an open cover or an open policy is
procured.
2. Open Cover
3. Floating Policy
3. Time Policy
4. Mixed Policy
5. Valued Policy
6. Unvalued Policy
7. Fleet Policy
A Voyage policy covers the risks that may arise during a journey from specific place to
another.
The terms and conditions of the insurance are set out in the appropriate I.L.U. (Institute
of London Underwrites) and other clauses. The clauses cover mainly the perils and risk
covered under the policy as well as conditions related to the insurable value and claims.
According to the Indian Stamp Act, each policy must be stamped. The stamp duty is
recoverable from the insured. For creating transferability, the policy is required to be
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assigned by blank endorsement by writing "for and on behalf of" followed by the name of
the insured (e.g., exporting firm) and the signature of the director or partner.
The insurance policy comprises "MAR" Policy form, which contains no insurance conditions. And
the Institute clauses (A, B or C and War and Strike Clauses) which contain insurance conditions.
It must be noted that Duration Clauses, which provide warehousetowarehouse cover, are part of
the Institute Cargo Clauses. Hence, unless specifically deleted, the warehouse-to-warehouse
cover is deemed to be effective. In this way, voyage policy also becomes a Time policy.
2. Open Cover
Open cover is an insurance arrangement designed specifically to the need of those firms, which
have substantial import export turnover and frequent transactions. Such firms are spared the
inconvenience of negotiating insurance contracts every time the transaction is to be made. Main
features of an open cover arrangement are as follows:
ii)Under an open cover arrangement, agreement between the insured and the insurer is reached
about the subject matter (e.g., goods) insured, packing conditions, voyages, risks covered, rates
and other conditions of the cover. The insured can obtain' insurance cover within these agreed
conditions.
iii) No premium is charged when an open cover is issued, but the insurance companies usually
require the insured to furnish either a bank guarantee or cash deposits towards payment of
premium against each declaration, as declarations are made.
v) It is customary to make an open cover agreement subject to two limitation clauses-Par Bottom
and Par Place clauses. The effect of these clauses is to limit the liability of the insurance company
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to an agreed amount. Thus, if the loss in an accident is more than this amount, the loss will be
partly recoverable upto the agreed amount. For example, in an open cover, if the limitation clause
was for Rs. 10 lakhs and the loss were Rs. 20 lakhs, the insurance company will pay only Rs. 10
lakhs.
vi) An open cover may be cancelled by either party by giving 30 days notice in writing. This
stipulation does not cover war and strikes risks for ocean voyage. For ocean voyages other than
from/to USA, the notice period for cancellation of War and strikes risks is seven days and for
shipments from/to USA it is 48 hours.
vii) When the loss takes place, claim will be awarded with reference to insurable value
calculated on the basis of c.i.f. plus 10 per cent.
viii) The duty of the insured is to declare each and every shipment as soon as known.
Unintentional failure to report shipment will be condoned by the insurance
company. However, if the insured does not willfully report shipments, the insurance
company may hold the open cover null and void for all subsequent shipments.
2. Floating Policy
Also known as open policy, it has much in a common with the open cover. This policy
benefits clients with substantial turnover and a large number of dispatches. Thus, it
covers a series of consignments with all stipulations of the open cover, except that:
i) . Open policy is an enforceable contract of insurance and is hence, duly stamped; and
ii) Open policy is for an agreed amount, against which a series of consignments may be
dispatched and declared as a result of which the sum insured will gradually diminish by the amount
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of each declaration until it is finally exhausted.
iii)Even though the open policy ceases on expiry of one year from the date of. its issue, the sum
insured is of paramount importance. Therefore, the sum insured may exhaust prior to the expiry of
the policy.
iv) Open policy is subject to cancellation by either party after giving 15 days notice of
cancellation in writing.
3. Time Policy :- Under this policy, the subject matter of insurance, i.e ship and/or
cargo, is insured for a specific period of time. It is taken in case of hull insurance, i.e. insurance of
the ship.
4. Mixed Policy :- This type of policy is taken for a specific period and for a
definite voyage. For example, a policy can be taken for two months for the voyage starting on 2nd
June 2001 from Bombay to Singapore.
5. Valued Policy :- In this case, the value of subject matter is agreed upon between
the insured and the insurer at the time of taking out the policy. This facilitates easy settlement of
claims in the event of loss.
6. Unvalued Policy :- In this case, the value of subject matter is not agreed upon at
the time of taking out the policy. It is determined only in the event of loss. It is also called as
'Open Policy.
7. Fleet Policy :- This policy is taken for a fleet of ships or vessels belonging to the
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same company. It is suitable for those companies, which own a number of vessels.
8. Specific Cover Policy :- This policy is taken to cover different risks for a single
shipment. This policy is not advisable for a regular exporter, as he will have to take a separate
policy every time he exports.
INSURANCE CLAIM
When there is a loss, the insured is to proceed to claim the loss recovery from the insurer.
The cardinal principle about insurance claims is that the insured has to fulfil the clearly
defined responsibilities.lf he does not fulfill these responsibilities, the insurer can refuse
to pay.
(a) Selecting the Insurance Comp. :- General insurance business in India is, the
monopoly of General Insurance Corporation ((TIC) of India and its four subsidiaries. However, if an
exporter intends to insure with a foreign company, then prior permission of the RBI must be obtained.
(b) Deciding the Appropriate Type of Policy :- There are various types of, marine
insurance policies issued by the GIC to suit the requirements of the exporters. The
exporter should decide the appropriate type of policy tailing into consideration his
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requirements.
(c) Application to the Insurance Company :- When the goods are ready for . despatch the exporter'
should apply to the insurance company in the' prescribed 'Declaration Form' giving the following
details :
Transportation from the warehouse to its final destination. Risk to be- covered for insurance.
d) Payment of Premium. :. The insurance premium charges may vary from company'
to company and country to country. Payment on marine insurance. policy' call . be
made in rupees' provided exporter. certifies that insurance charges op the shipment
in question have to be borne by him.
(e) Issue of the Insurance Policy :- After the completion of all the formalities the
exporter has to produce the Bill of Lading and the name, of the ,ship ~ the insurance
company. The insurance company issues the insurance certificate (in triplicate) as per the
declaration given by the exporter. ". policy generally contains the following details :
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Type of policy and description of the risks covered. Description of the goods insured.
Amount of sum assured and premium paid. Date of issue and the period of policy. Special
conditions and warranties.
(f) Processing of the Policy :- The exporter submits the original policy to the bank with his other
documents. The second copy of the policy is sent to the importer and the third copy is retained ,by
the exporter for his own information
The following procedure should be followed in the event of/occurrence of marine loss :-
(a) Intimation of Loss :- In the event of claim arising, the marine insurance company
or its nearest office or its overseas agent as mentioned' in the policy should be
intimated' about the loss without delay The claim on carriers, customs and -bailees
should be filed within the prescribed time limit under registered post with an
acknowledgement due.
(c) Landing Remarks :- The insured should also obtain landing remarks from the
Port Authorities.
(d) (d)Submission of Claim" The insured should submit the following documents to
finalise claim properly :
Original policy.
The following documents, inter alia, are required to be submitted by the exporter to the insurance
company:
Original Invoice.
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Copy of Bill of Lading.
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e) Finalisation of the Claim :- On verification, if the insurer is satisfied with the claim, it
pays the amount of claim to the insured or the person authorised to 'receive the claim
as per the policy. If the claimant is of Indian origin, the claim is paid in Indian rupees
irrespective of the currency in which relative policies have been issued. Where the
claimant is not the resident of India, the insurer may settle the claim in foreign
currency.
It is the duty of the insured or his agents, in all cases, to take such measures as may be
reasonable to avert or minimise a loss. Further, it is also his duty to protect rights of the insurer
of recovery from the carriers, port authority and others. In particular, the duties of the insured or
his agent are:
i)Lodge claim on the carriers, port authorities and other intermediaries for any missing
packages;
ii) If the loss or damage is apparent or visible, make an application to the agents of the
carriers, port authority, customs authority and the insurer (or agent) to arrange joint
survey within 3 days of discharge of cargo from the vessel (7 days in case of air
consignment);
iii)If the loss was not apparent at the time of taking delivery of cargo, give notice in writing
to the carriers and other parties within 3 days of delivery of cargo (7 days in case of air
consignment);
iv) Lodge a proper monetary claim on carriers, port authority and customs authority;
v)In case of any missing package, get a log entry made with the port authority and lodge a claim
on carrier and port authority;
vi) If missing packages are traced subsequently, clearance may be made only after a joint
survey;
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vii) The claims on carriers,. customs and port authorities should be filed within the time limits
prescribed under the relevant laws,
The claims on the insurers should be submitted duly supported by the following
documents:
ii) Full set of Bill of Lading in respect of total loss claims. Otherwise non-negotiating copy of
the Bill of Lading, Airway Bill, Railway, etc., as applicable;
iv) Insurance survey Report or other documentary evidence to substantiate cause and extent of
loss
v)Joint ship survey Discrepancy Certificate issued by the carriers; Port authority Landing Remarks
certiicate
viii) Ship Master's protest or an authenticated copy of extract from ship's Log book in case vessel
encountered heavy weather or other casualty during the voyage;
ix)In case of short landing claims, a Short Landing Certificate issued by the carrier or port
authority;
x) A landed but Missing Certificate from port authority in case where package has landed but is
missing;
xi) In the event of General Average claim for refund of GA Deposit; the GA Deposit Receipt
and GA Counter-Guarantee;
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xii) Triplicate copy of Bill of Entry (in case of India) ;
xiii) Copies of Letter lodging claims on the carriers, port authority, etc;
xiv) Copies of correspondence exchanged with carriers to examine whether the claimant
has taken necessary measures;
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