精品课程 : 法律英语 法律英语（ III) 第七单元：货物保险 主讲教师：谢静 讲师

Unit Unit 7 Cargo Insurance Text I Policies, Coverage and Exclusions -To learn about insurance policies, kinds of coverage and exclusions in cargo insurance Text Ⅱ Fundamental Principles of Cargo Insurance -To understand the application of the three fundamental principles of cargo insurance Typical Sentence Patterns: Contract (II)

Text I Policies, Coverage and Exclusions Useful expressions: in transit, be insured against, the insurer cf. the insured, save sb. the trouble of …, quote a landed sales price, interested party, assume … share, cargo hold (n.), be reimbursed for, in particular terms, heavy weather, fortuity (n.) / fortuitous (adj.), under normal conditions, turn rancid, sensitive product Terms: pilferage, insurance policy, certificate of insurance, shipping documents, collateral security, advance (n.), open cover, coverage, general / particular average, FPA, WA, AR, franchise (n.), force majeure, inherent vice, exclusion clause

Pre-reading terms and expressions insurer (insurance company, insurance underwriter, assurer) insured (assured) (insurance) premium insurance policy cover (BrE), coverage (AmE), (v.) cover / insure sb./ sth. against sth. insurance broker/agent

Outline of Text 1 I. Introduction: necessity of procuring insurance II. Insurance policies: definition and types of policies III. Kinds of coverage: general average & particular average, three main categories of general cargo insurance IV. Exclusions: inherent vice and delay

Questions based on Text 1 1. What is an insurance policy? 2. What is an open cover? 3. How to distinguish between general average and particular average? 4. What are the major types of international marine cargo insurance? 5. How to understand the word “ risk ” in insurance?

Questions (continued) 6. What are the exclusions introduced in Part IV of the text? 7. What is the inherent vice of goods? How many examples are given in the text to illustrate it? And in what way is inherent vice of goods significant in insurance? 8. What products can be labeled as sensitive products?

Terms insurance policy 保 ( 险 ) 单 certificate of insurance 保险证明书，保险凭证

shipping documents 装运单据 -certain documents which, under the system known as documents for collection, are sent by an exporter ’ s bank to the bank ’ s branch or agent in the importer ’ s country, who delivers them to the importer when he pays or accepts a bill of exchange. The shipping documents consist of commercial export invoice, bill of lading, forwarder ’ s receipt, consignment note, insurance policy, insurance certificate, and if necessary, certificate of origin, consular invoice, weight certificate, sanitary certificate, letter of hypothecation, export licence(s). Most if not all these documents are needed by the importer to obtain delivery of the goods, to clear them through customs and to claim on insurance if they are lost or damaged.

collateral security 附属抵押品，附属担保品，副保 -extra security provided by or for a borrower to support his intention to repay a loan advance (n.) 预付款 -money paid as a loan or as a part of a payment, which is to be completed later

open cover （ also open (cargo) policy ）预约保险单、 不定值保单、开口保单 -coverage normally used on an indefinite basis under ocean marine insurance and inland marine insurance While the policy is in force, the shipper is required each month to submit to the insurance company reports on goods being shipped to be covered by the policy; premiums are also submitted at that time. An open policy offers the convenience and protection of covering all shipments by the shipper of certain types of goods to certain destinations and over specified routes.

coverage (AmE) 保险项目，保险范围 (=cover BrE) -the protection an insurance gives you, so that it pays you money if you are injured, or sth is stolen average 海损 -any loss or damage due to insured perils that is less than a total loss

general average 共同海损（由保险所有当事人分 担丢失货物的费用） -sharing of the cost of the lost goods by all parties to an insurance; an ocean marine loss that occurs through the voluntary sacrifice of a part of the vessel or cargo, or an expenditure, to safeguard the vessel and its remaining cargo from a common peril If the sacrifice is successful, all interests at risk contribute to the loss borne by owner of the sacrificed property based on their respective saved values. A party can insure their portion of such a loss under an ocean marine policy.

How to prove a general average claim? The claimant must show that: (1) the ship, cargo, and crew were threatened by a common danger; (1) the ship, cargo, and crew were threatened by a common danger; (2) the danger was real and substantial (the older cases required that the danger also be “ imminent ” ), and (3) the cargo or ship was voluntarily sacrificed for the benefit of both, or extraordinary expenses were incurred to avert a common peril.

particular average 单独海损（丢失货物的费用由遗 失货物的所有人承担，而不是由发运货物的全部 所有人承担） -situation where part of a shipment is lost or damaged and the insurance costs are borne by the owner of the lost goods and not shared among all the owners of the shipment; a method of loss allocation in the event that a portion of cargo, hull or freight is jettisoned at sea in order to save the remainder The loss is borne entirely by the individual who owns the property that is damaged or sacrificed. The loss must be less than total and not subject to the provisions of general average. Some ocean marine policy forms provide limited coverage for a particular average loss.

FPA (Free of Particular Average) “ 单独海损不赔 ” ， 平安险 -an ocean marine policy provision where coverage is provided only if a total loss of the insured property occurs from an insured peril A particular average loss is a partial loss to the insured ’ s cargo. A policy designed FPA will not cover any partial loss. A policy FPA, followed by certain specified loss, will not pay for any partial or particular average loss of that nature. A particular average loss is a partial loss to the insured ’ s cargo. A policy designed FPA will not cover any partial loss. A policy FPA, followed by certain specified loss, will not pay for any partial or particular average loss of that nature.

WA (With (Particular) Average) “ 单独海损负责 ” ，水 渍险 -coverage that can be added to an ocean marine policy that is free from particular average conditions Partial loss or damage to the property insured by the basic named perils is recoverable in full.

AR (All Risks) 一切险 -a property or marine insurance form that covers all risks of loss except risks that are specifically excluded All-risk policies always have some exclusions or limitations regarding the insured property, persons or protected interests, and some policies may exclude certain causes of loss.

franchise (n.) 保险合同规定的免赔限度；免赔额 -an amount of loss below which in certain conditions the insurers are not bound to pay anything, but above which they are bound to pay in full. The purpose is to discourage very small claims. -franchise clause （保险）免赔条款 force majeure 不可抗力 -something which happens which is out of the control of the parties who have signed a contract (such as strike, war, storm) and which prevents the contract being fulfilled

inherent vice 固有瑕疵 -a quality within an object, material or property that results in its tending to deteriorate or destroy itself Inherent vice is excluded by most property insurance policies. Example: The spoilage of fruit during storage or shipping would be excluded from a property policy. The destruction of unspoiled fruit by a fire, on the other hand, would be covered. exclusion clause （保险合同中声明）不属担保事项 的条款、除外条款、免责条款

Further study sue and labour clause ， York-Antwerp Rules ， imminent cf. real and substantial danger See 1. Schaffer Richard, Earle Beverley, & Agusti Filiberto, International Business Law and its Environment (6th Edition): Chap. 6: P West Thomson Learning. 2. Yu Jinsong & Wu Zhipan ed. 《国际经济法》 (International Economic Law: Chap. 5: P ), Peking University Publishing House, 2000

Text Ⅱ Fundamental Principles of Cargo Insurance Useful expressions: stand in … relation to, be prejudiced by, recover from sb., subrogate sth. against sb., on commission, observe good faith, avoid a contract, injured / aggrieved / innocent / non-breaching / wronged party (cf. breaching / non-performing / guilty party, party in breach), indemnify / compensate sb. agaist sth., under a marine policy, in a … fashion, provide an indemnity for, market fluctuation, be out of pocket, balance, as regards, reduce … liability to within … limit, (goods) jettisoned for common safety

Terms: insurable interest, good faith (uberrima fides), indemnity, disbursements (pl.) insurance, (insurance) premium, hull insurance, contract of insurance, / insurer / assurer (cf. the insured / assured), misrepresentation, proximate cause (cf. remote cause), subrogation

Five Principles of Cargo Insurance principle of insurable interest 保险利益原则 principle of good faith 诚实信用原则 principle of indemnity 损害补偿原则 principle of the proximate cause 近因原则 principle of subrogation 代位求偿原则

Terms insurable interest 保险利益，可保利益 -a direct monetary interest in an object or person being insured It is a ruling condition of insurance that the person who benefits from an insurance contract must himself be liable to suffer a loss that can be valued in units of money if the insured person is injured or dies. If this condition is not met, the interest is not insurable and the contract would not be supported in a court of law. It is a ruling condition of insurance that the person who benefits from an insurance contract must himself be liable to suffer a loss that can be valued in units of money if the insured person is injured or dies. If this condition is not met, the interest is not insurable and the contract would not be supported in a court of law.

(utmost) good faith 绝对诚信，最大诚信 -a basic rule of insurance law that a person making a proposal for insurance is legally bound to give the insurers all facts and information which might affect their assessment of the risks to be insured. No essential facts must be kept back. The insurers, by the same legal rule, are legally bound not to mislead the insured, e.g. by putting conditions into the contract that are unfair or have not been seen by or discussed with the insured.

indemnity 损害补偿 -a basic idea in all branches of insurance (except life and personal accident) that the insured should be in the same position after a loss as he was immediately before it, i.e. neither richer nor poorer as a result of the loss

proximate cause 近因 -an act, event or omission that naturally and foreseeably results in a harm or loss, though it may not necessarily be the nearest or last cause; something that produces a harmful effect in a natural chain of causation unbroken by any intervening efficient cause remote cause 远因

subrogation 代位求偿，代位追偿 -the legal right of an insurer to receive any money obtained by the insured as a result of his making use of his rights against third parties This reduced the cost of the loss to the insurer and prevents the insured from obtaining more than his full indemnity. Sometimes the conditions of the policy give the insurer the right to bring a legal action against a third party who is liable for any loss suffered by the insured. This reduced the cost of the loss to the insurer and prevents the insured from obtaining more than his full indemnity. Sometimes the conditions of the policy give the insurer the right to bring a legal action against a third party who is liable for any loss suffered by the insured.

underwriter / insurer / assurer 保险人，保险商， 承保人 the insured / assured 被保险人 disbursements insurance 船舶费用保险 hull insurance 船舶保险 misrepresentation 虚伪的陈述, 诈称 -a false oral or written statement made with an intent to deceive

(insurance) premium 分期支付的保险金 -the price for coverage of a particular risk or set of risks described in the insurance policy during a specific period of time. The premium is the price (insured's cost) expressed as a periodic sum, while the rate is the price per unit of coverage (for example, the premium for each $100 of property value)