Marine Cargo Insurance Research Articles

해상적하보험계약상 피보험이익에 관한 판례연구: 영국법원의 Quadra v XL사건을 중심으로

Purpose: Recently, the United Kingdom’s court handed down an important judgement in Quadra v XL on whether an insured buyer, as a victim of fraud perpetrated by the seller, has an insurable interest in the goods (in this case, grain). This study analyzes the court’s ruling in Quadra v XL and derives some implications Research design, data, and methodology: This study uses textbooks, articles, statutory law, and common law of the U.K. Results: The court in Quadra v XL ruled that the insured did have an insurable interest in the unascertained goods, considering that the insured paid the seller for some or all of the goods, and also had a right to possession of the goods, even though neither the property nor the risk had passed to the insured. Therefore, this case provides some clarity as to the requirement of a valid, insurable interest in goods under marine cargo insurance. Conclusions: This case recognized and reaffirmed the trend whereby courts in the U.K. always lean in favor of an insurable interest. As a practical matter, this case further suggests it is important to conduct proper inspection at the warehouse, and to keep the inspection results, considering that the court places the most reliance on inspection reports when deciding that the goods corresponding to the warehouse receipts were in the warehouse.

Applicable Law to Marine Cargo Insurance and the Effect of Choice of Law for the Claims of Assured Companies Law

İrade serbestisinin bir görünümü olan hukuk seçimi, “sözleşmenin nispiliği” ilkesine dayanmaktadır. Tarafların karşılıklı irade beyanları temelindeki geçerli bir hukuk seçimi yalnızca sözleşmenin taraflarını bağlamaktadır. Bununla birlikte, hukuk seçimi içeren bir sözleşmeye dayalı olarak talepte bulunan üçüncü kişilerin durumu somut olayın şartlarına göre tartışma yaratabilmektedir. Bu özel durumlardan bir tanesi, deniz yoluyla taşımalarda yük sigortalarından doğan taleplere ilişkindir. 
 Ülkeler arası mal satımında, malın deniz yoluyla taşınması ve bu taşıma sırasında yükün/malın sigortalanması ticari hayatın işleyişi çerçevesinde kaçınılmazdır. Malın yüklendiği yer ile boşaltılacağı yerin farklı ülkelerde bulunması nedeniyle kanunlar ihtilafı alanına giren bu tür sigorta sözleşmelerinde sigorta ettiren ile sigortacı arasında kararlaştırılan hukuk seçiminin, anılan sözleşmeye dayalı olarak sigortacıdan talepte bulunan malın sahibi sigortalıyı bağlayıp bağlamayacağı ya da hangi şartlarla bağlayabileceği, yabancılık unsurlu bu tür sigorta sözleşmelerinden doğan uyuşmazlıklarda önemli bir soru olarak karşımıza çıkmaktadır. Türk hukukunda “tam üçüncü kişi yararına sözleşme” olarak nitelendirilen bu sigorta ilişkilerinde üçüncü kişinin hukuk seçimi ile bağlı olması borçlar hukuku ile kanunlar ihtilafı hukuku bağlamında farklı yaklaşımlar doğurabilecek niteliktedir.
 Diğer taraftan, sigorta sözleşmelerinin bir “yığın sözleşmesi” olduğu gözden kaçırılmamalıdır. Bir tarafın, diğer tarafça hazırlanan standart sözleşmeye “katılması” veya genel işlem şartlarında olduğu gibi ilgili şartları sözleşmenin karşı tarafı ile müzakere etmeksizin kabul etmesi ve hukuk seçiminin de bu şartlar içinde yer alması durumunda, hukuk seçiminin geçerliliği bakımından bazı sorunlar ile karşılaşılabilmektedir. Bu çalışmada, deniz yoluyla taşımalarda yük sigorta sözleşmelerinde yer alan hukuk seçiminin sigorta sözleşmesine dayalı olarak talepte bulunan sigortalı bakımından ifade ettiği anlam ve bu seçimin bağlayıcı olup olmadığı sorusunun cevabı aranacaktır.

The impacts of climate change on marine cargo insurance of cold chains: A systematic literature review and bibliometric analysis

Climate change significantly disrupts global supply chains, especially those reliant on temperature-controlled cold chains. Shipping containers, pivotal in handling 90% of worldwide trade, face escalated vulnerability during port storage. Consequently, cargo owners often shift these risks to marine cargo insurers for mitigation. Extreme weather and climate shifts are causing substantial global economic losses. Analyzing 20 documents from 1985 to 2021, this study finds a focus on factors disrupting processes, overlooking resulting consequences. Moreover, it highlights a scarcity of peer-reviewed academic work on this crucial topic, stressing the need for expanded research on climate change's impact on marine cargo insurance in cold chains.

Legality of Marine Cargo Insurance Claim With Different Sailing Date on Policy (Analysis of Decisions Number 589/PDT.G/2012/PN.JKT.SEL)

Sailing dates in marine cargo insurance often change for various reasons. It is unavoidable that from the time the ship sail on a date that is not under the policy, uncertain events occur, which cause losses. On the other hand, insurance recognizes the principle of utmost good faith, which obliges the insured to disclose material facts about the insured object correctly, completely, and honestly as regulated in Article 251 WvK. It creates a blurring of norms because that rule make the parties debating whether the ship's sailing date is a material fact or not. This research uses normative legal research methods with a statute approach, conceptual approach, and case approach. This research purposed to analyze changes in sailing date as material facts and the consequences of not disclosing these changes by the insured to the insurer and the insurer to the reinsurer by analyzing Decision Number 589/Pdt.G/2012/PN.Jkt.Sel. The results of this study indicate that the change in sailing date is a material fact that must be disclosed by the insured to the insurer. When the insured does not disclose material facts, it can make a contract voidable and the insurer can be free from the obligation to pay claims. In addition, the Judge's decision in Decision Number 589/Pdt.G/2012/PN.Jkt.Sel was wrong because the Judge did not analyze the meaning and concept of material facts in marine cargo insurance as regulated in Article 251 WvK and did not consider the provisions in the policy referring to the Marine Insurance Act 1906.

Trends in weather-related marine cargo insurance claims: A South African perspective

Background: Marine cargo insurance covers the loss or damage to goods while in transit. It is an important supply chain risk management tool for organisations involved in international trade, especially in regions where cargo insurance penetration is low, and protection gaps are high. However, marine cargo insurance faces new challenges because of increasing frequency and severity of extreme weather events. This study focuses on the case of South Africa: a developing country with a strategic role in connecting Africa with the global market.Objectives: The research analyses the trends, differences, and seasonality of weather-related marine cargo insurance claims in South Africa from 2013 to 2022.Method: Statistical and general claims analysis was performed on a master dataset of 17 727 claims to answer the three research questions related to the research objectives.Results: The results show that weather-related marine cargo insurance claims have been increasing over the past decade, creating challenges and disruptions to the supply chain network in South Africa. Furthermore, this research shows that weather-related claims have higher average values and follow a seasonal pattern compared with non-weather-related events on supply chains in South Africa.Conclusion: This research reveals the growing impact of weather-related events in South Africa.Contribution: It provides practical and theoretical implications for supply chain managers and insurers to manage weather-related risks more effectively and proactively contributes to the literature by offering empirical insights from a developing country perspective, and provides considerations for future work.

How Does COVID-19 Affect Marine Insurance Cover Through the Requirement of Seaworthiness?

This paper addresses the legal implications of COVID-19 upon the procurement of marine cargo insurance cover. It clarifies the relationship between warranty of seaworthiness and duty of disclosure, both of which are imposed upon the insured cargo owner under contract of marine insurance. The paper discusses the effect of COVID-19 that the insured cargo owner may invoke to rebut the allegation of not satisfying the duty of disclosure in terms of the seaworthiness of a vessel, which may deprive the insured cargo owner of compensation. The study deploys qualitative and black letter approaches by analysing English and US law, and the relevant international documents. The authors suggest that US law should adopt the same approach as English law, so that the insured cargo owner will not be forced to prove the relation between the restrictions imposed under COVID-19 and its failure to disclose material facts related to seaworthiness.

Juridical Review of The Implementation of Marine Cargo Insurance On The Sea Freight Agreement at PT. Sinar Mas Insurance

The Indonesian nation is located along equator, a a very strategic potential that crosses between two ocean big, that is Ocean Indian and Ocean Pacific, and between two continent that is Asia and Australia continents. Beside that the Indonesian people have riches diverse nature variety, both on land as well as at sea. Study this aim for get description how Overview Juridical Implementation of Marine Cargo Insurance in the Agreement Freight Sea at PT. Insurance Sinar Mas for interpreted to in a the description presented in form of words. Study this aim for get description how Overview Juridical Implementation of Marine Cargo Insurance in the Agreement Freight Sea at PT. Insurance Sinar Mas for interpreted to in a the description presented in form of words. because of that, research this use approach qualitative descriptive. Condition coverage in Marine Cargo Insurance guaranteed by PT. Insurance Sinar Mas serves 3 (three) conditions coverage. Election condition by the insured influence quantity premium must paid as well as breadth guarantee the danger posed by the insurer. So that the consequences is condition of the policy purchased in accordance the dangers that can guaranteed that 's what can submitted accompanied completeness document claim.

Optimizing the Process of Management of Marine Cargo Insurance Claims at PT. ABC

The purpose of this study is to evaluate how to optimize marine insurance claims as well as the appropriate procedures in the marine cargo insurance claim process and methods in preparing insurance claim documents into accurate and complete documents so that the insurance company that bears all losses is more optimal by the insurance claims. with the details of the calculation of the value of insurance claims that have been insured. This research is divided into three lines of thought, namely identification, and formulation of problems, analysis and discussion, and research results. Identify and formulate problems by identifying possible problems that occur during the claim submission process. Based on the results of this identification then formulate the problem to be discussed in the study. Analysis and discussion by conducting the process of analysis and discussion of the problems that occur through the literature and collecting the necessary data. the next step is a discussion of the problems faced by covering the procedures and stages of filing a claim, the method adopted, and the evaluation method used for optimizing insurance claims. This study uses a qualitative method approach and a descriptive design is used to explain the process, the sample is taken at the shipping company PT. ABC, the representation is expected to be given by this sample. After using descriptive data analysis, the research results obtained that the insurance claim process must pay attention to the person in charge of carrying out marine cargo insurance claims; Types of compensation that can be submitted in the insurance claim process; Requirements in the process of filing an insurance claim, and the evidence that must be prepared to file an insurance claim. In addition, the loss must be filed immediately considering the deadline for submitting an insurance claim. The essence of the claim for ship cargo is compensation paid by the losses borne by the insurer to repair the suffering of the insured from loss of property.

Incidents at the Strait of Hormuz and Marine Cargo Insurance Clauses

2019年を通じ，中東方面等でタンカーに対する攻撃や拿捕などの事態が複数発生した。外航貨物海上保険は，戦争やテロの危険による損害を填補するが，今次発生した攻撃はいずれも行為者・動機ともに不明であり，何らかの謀略を企図したものと考えられている。こうした事象は約款上においてどう解釈されるであろうか。外航貨物海上保険は，保険者の損害填補については英法を準拠法としていることから，この解釈は英法に拠らなくてはならない。また，イランとイギリスが互いにタンカーの拿捕を行ったが，約款が規定する拿捕・捕獲などの危険は国際法上の法律行為であることから，英法上の解釈もさることながら，国際法上の意義が前提的に存在している。本稿は，こうした海上保険特有の約款解釈問題と法律的背景について考える。

A Study on the Assignment of Electronic Marine Cargo Insurance Policy in International Trade Transactions

A Study on the Assignment of Electronic Marine Cargo Insurance Policy in International Trade Transactions

운송인의 파산으로 인한 계반비용의 보험자 보상에 관한 연구 : 한진해운 사례를 중심으로

Since Hanjin filed for receivership by the Korean Court in 2016, her vessels were arrested at some ports by creditors and they could not have carried out their voyages to the destination ports in the schedule. The contract of carriage was terminated at a place other than the destination. Hanjin would liable for their breach and tort liability of carriage contract to cargo owners, but the claim against them was significantly costed due to their bankruptcy. The marine cargo insurance sometimes cover the forwarding charges and sometimes not. Two marine cargo insurances,“old policy”(ICC, 1963) and “new policy”(ICC, 1982), have mostly been using in Korea. This study analyses and compares all relevant clauses of two policies and suggest solutions for the bona-fide cargo owner.

The Study on English law and practice clauses and insurer’s duty to explain standardized contracts in the marine cargo insurance contract

The Study on English law and practice clauses and insurer’s duty to explain standardized contracts in the marine cargo insurance contract

해상적하보험에서 국제선박 및 항만시설 보안규칙의 적용상 법률적 쟁점

In view of the increased threat arising terrorism, the International Maritime Organization(IMO) adopted the International Ship and Port Facility Security Code (ISPS Code) which attached to the SOLAS Convention. The ISPS Code requires a comprehensive set of measures to enhance the security of ships and port facilities. For example, a shipowner must obtain the International Ship Security Certificate(ISSC). If the carrying vessel has not ISSC, the ship may be detained by the contracting governments. The Joint Cargo Committee(JCC) in London adopted the Cargo ISPS Endorsement, in which the assured who knowingly ships the cargoes on a non-ISPS Code compliant vessel will have no cover. However, where there is no the Cargo ISPS Endorsement in a Marine Cargo Insurance Policy and the cargo is carried by a non-ISPS Code certified vessel, the legal problem is whether or not it would constitute a breach of an implied warranty of seaworthiness and/or an implied warranty of legality. The purpose of this article is to analyze the potential legal issue on the relations between non-ISPS Code compliant vessel and two implied warranties under Marine Insurance Act(1906) in U.K.

Some Problems on Expense Loss in Marine Cargo Insurance

Some Problems on Expense Loss in Marine Cargo Insurance

The Case Study on Inherent Vice of the Subject Matter Insured in Marine Cargo Insurance - Focused on U.K. Supreme Court's Decision in the Cendor Mopu -

The Case Study on Inherent Vice of the Subject Matter Insured in Marine Cargo Insurance - Focused on U.K. Supreme Court's Decision in the Cendor Mopu -

A Study on Prerequisites for Attachment of Risks under the Marine Cargo Insurance Contracts

A Study on Prerequisites for Attachment of Risks under the Marine Cargo Insurance Contracts

A Study on the Application of English Law in Marine Cargo Insurance

A Study on the Application of English Law in Marine Cargo Insurance

A Study on Liability of Insurers according to Change of Risk in Marine Cargo Insurance

A Study on Liability of Insurers according to Change of Risk in Marine Cargo Insurance

Study on the Law of Marine Cargo Insurance Documents in the International Marine Transportation

Study on the Law of Marine Cargo Insurance Documents in the International Marine Transportation

Marine Cargo Insurance and Shipowner’s Liability Insurance under Enforcement of the Hamburg Rules

Marine Cargo Insurance and Shipowner’s Liability Insurance under Enforcement of the Hamburg Rules