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INTRODUCTION
INSURANCE CONNECTED WITH THE RISKS OF TRANSPORTATION OF GOODS, IS ONE OF THE OLDEST AND MOST IMPORTANT FORMS OF INSURANCE THE VALUE OF GOODS SHIPPED BY THE BUSINESS FIRMS EACH YEAR COST BILLIONS OF RUPEES THESE GOODS ARE EXPOSED TO DAMAGE OR LOSS FROM NUMEROUS PERILS ASSOCIATED WITH TRANSPORTATION THESE GOODS CAN BE PROTECTED BY MARINE INSURANCE CONTRACTS.
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INTRODUCTION
IT IS AN IMPORTANT ELEMENT OF THE GENERAL INSURANCE INDUSTRY IT ESSENTIALLY PROVIDES COVER FOR THE LOSSES SUFFERED DUE TO MARINE PERILS IN INDIA, THE MARINE INSURANCE IS REGULATED BY:
THE INDIAN MARITIME INSURANCE ACT, 1963. WHICH IS BASED ON THE ORIGINAL MARINE INSURANCE ACT, 1906. OF U.K.
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TODAY MARINE INSURANCE HAS ASSUMED A VAST DIMENSIONS DUE TO EVER EXPANDING TRADE ACROSS THE GLOBE.
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THE VALUE OF EACH SHIP AND THE CARGO CARRIED THEREIN, MAY BE COSTING MILLIONS OF RUPEES TO THE OWNERS.
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Worlds biggest Passenger-ship MS Freedom of the Seas 4300 passenger Capacity Inside
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WHEN THE BRITISH OCEAN LINER TITANIC WHICH SANK IN 1912, DURING HER MAIDEN VOYAGE:
WAS INSURED BY LLOYDS WHO PAID AN INSURANCE CLAIM OF ONE MILLION US $.
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HOWEVER OUR ENDEAVOUR WOULD BE LIMITED TO DISCUSSING THE MARINE CARGO INSURANCE ONLY.
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Types of Hull
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CARGO INSURANCE
CARGO REFERS TO:
THE GOODS AND COMMODITIES CARRIED DURING TRANSIT BY:
RAIL, ROAD, SEA OR AIR FROM ONE PLACE TO ANOTHER.
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CARGO INSURANCE
MARINE CARGO INSURANCE PROVIDES THE INSURANCE COVER IN RESPECT OF:
LOSS OF OR DAMAGE TO CARGO DURING TRANSIT BY:
RAIL, ROAD, SEA OR AIR.
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CARGO INSURANCE
MARINE CARGO INSURANCE COVERS THE SHIPPER OF THE GOODS, IF THE GOODS ARE DAMAGED OR LOST DURING TRANSIT THE CARGO POLICY COVERS THE RISKS ASSOCIATED WITH THE TRANSSHIPMENT OF GOODS THE POLICY COULD BE ISSUED TO COVER A SINGLE SHIPMENT OR IF REGULAR SHIPMENTS ARE MADE:
AN OPEN POLICY CAN BE ISSUED WHICH INSURES THE GOODS/ CARGO AUTOMATICALLY WHENEVER A SHIPMENT IS MADE.
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IT IS A CONTRACT OF INDEMNITY:
THE INSURED IS ENTITLED TO RECOVER ONLY THE ACTUAL AMOUNT OF LOSS FROM THE INSURER.
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INSURABLE INTEREST
INSURABLE INTEREST IN THE SUBJECT MATTER INSURED MUST EXIST AT THE TIME OF THE LOSS
IT NEED NOT EXIST WHEN THE INSURANCE POLICY WAS TAKEN
UNDER MARINE INSURANCE, THE FOLLOWING PERSONS WOULD DEEMED TO HAVE INSURABLE INTEREST:
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INSURABLE INTEREST
THE OWNER OF THE SHIP THE OWNER OF THE CARGO A CREDITOR WHO HAS ADVANCED MONEY ON THE SECURITY OF THE SHIP OR CARGO THE MORTGAGOR AND MORTGAGEE THE MASTER AND CREW OF THE SHIP HAVE INSURABLE INTEREST IN RESPECT OF:
THEIR WAGES AND
WARRANTIES
A WARRANTY IS A PROMISE BY THE ASSURED TO THE UNDERWRITER THAT SOMETHING SHALL OR SHALL NOT BE DONE OR CERTAIN OF AFFAIRS DOES OR DOES NOT ARISE A WARRANTY MUST BE AND LITERALLY COMPLIED WITH, AS OTHERWISE THE INSURER MAY AVOID ALL LIABILITY, FROM THE DATE OF BREACH WARRANTY IS IN EFFECT A SAFETY VALVE OF THE INSURERS.
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TYPES OF WARRANTIES
WARRANTIES ARE OF TWO TYPES I.E.
EXPRESS WARRANTY AND IMPLIED WARRANTY.
AS EXPLAINED EARLIER, BOTH OF THESE WARRANTIES ARE TO BE LITERALLY COMPLIED WITH, BY THE INSURED THE EXAMPLES OF THESE WARRANTIES ARE..
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EXPRESSED WARRANTIES
EXPRESSED WARRANTIES: THESE ARE APPEARING IN THE POLICY ITSELF AND NEEDS TO BE COMPLIED WITH. FOR EXAMPLE:
WARRANTED PACKED IN NEW GUNNY BAGS WARRANTED NEW DRUMS WARRANTED PROFESSIONALLY PACKED WARRANTED SAILING WITHIN SEVEN DAYS WARRANTED SHIPPED UNDER DECK WARRANTED SURVEYED BEFORE SHIPPING ETC.
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IMPLIED WARRANTIES
IMPLIED WARRANTIES: THESE ARE NOT EXPRESSED BUT IMPLIED AND ARE THEREFORE TERMED IMPLIED WARRANTIES. FOR EXAMPLE:
SEAWORTHINESS OF THE VESSEL AT THE COMMENCEMENT OF THE VOYAGE AND LEGALITY OF THE ADVENTURE.
IN THE VOYAGE POLICY ON GOODS, THERE IS NO IMPLIED WARRANTY THAT THE GOODS INSURED ARE SEAWORTHY.
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SUBROGATION/ CONTRIBUTION
THE TERMS SUBROGATION AND CONTRIBUTION ARE COROLLARY TO THE PRINCIPLE OF INDEMNITY. THEY APPLIES TO POLICIES, WHICH ARE CONTRACTS OF INDEMNITY THE PURPOSE OF BOTH OF THESE ARE, TO ENSURE THAT THE ASSURED SHALL NOT MAKE PROFIT OUT OF A LOSS, EITHER WHOLLY OR PARTLY, FROM ANOTHER SOURCE.
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MEASUREMENT OF SUBROGATION
THERE IS A DISTINCTION BETWEEN SUBROGATION RIGHTS UNDER TOTAL LOSS CASES AND PARTIAL LOSS CASES. UNDER TOTAL LOSS, THE INSURER IS ENTITLED TO TAKE OVER WHAT EVER MAY REMAIN OF THE SUBJECT MATTER, AFTER PAYMENT, WHEREAS IN CASE OF PARTIAL LOSS, SUBROGATION IS TO THE EXTENT OF LOSS PAID, EXCESS RECOVERY IF ANY, IS TO BE DISBURSED TO THE INSURED.
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PROXIMATE CAUSE
PROXIMATE CAUSE : IS THE ACTIVE, EFFICIENT CAUSE THAT SETS IN MOTION A TRAIN OF EVENTS WHICH BRINGS ABOUT A RESULT, WITHOUT THE INTERVENTION OF ANY FORCE STARTING AND WORKING ACTIVELY FROM A NEW AND INDEPENDENT SOURCE. INSURERS ARE LIABLE ONLY, IF AN INSURED PERIL IS THE PROXIMATE CAUSE OF THE LOSS.
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INSURED PERILS
SOME OF THE INSURED PERILS ARE:
FIRE, EXPLOSION BREAKAGE ACCIDENT DERAILMENT OF CONVEYANCE THEFT PILFERAGE NON-DELIVERY JETTISON..
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Wilhelm Gustloff SINKING, the biggest Maritime disaster in the history. About 9,400 persons were killed in this disaster in 1945.
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INSURED PERILS
COLLISION OF ONE SHIP WITH ANOTHER SHIP/ AGAINST ROCKS BURNING AND SINKING OF THE SHIP SPOILAGE OF CARGO FROM SEA WATER, MUTINY, PIRACY OR WILLFUL DESTRUCTION OF THE SHIP AND CARGO BY:
THE MASTER (CAPTAIN) OF THE SHIP OR THE CREW.
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UNINSURED PERILS
SOME OF THE UNINSURED PERILS ARE:
ORDINARY LEAKAGE, ORDINARY LOSS IN VOLUME OR WEIGHTS OR ORDINARY WEAR & TEAR OF THE SUBJECT-MATTER INSURED LOSS OR DAMAGE CAUSED BY INSUFFICIENCY OR UNSUITABILITY OF PACKING INHERENT VICE..
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UNINSURED PERILS
DAMAGES CAUSED WITHOUT THE INTERVENTION OF ANY EXTERNAL CAUSE WILLFUL MISCONDUCT OF THE ASSURED LOSS OR DAMAGE ARISING OUT OF INSOLVENCY OR FINANCIAL DEFAULT OF THE OWNERS OR OPERATORS OF THE VESSEL LOSS, DAMAGE OR EXPENSE ARISING OUT FROM THE USE OF ANY WEAPON OF WAR EMPLOYING:
ATOMIC OR NUCLEAR FISSION/ FUSION OR OTHER LIKE Compiled by S. M.Gupta RADIOACTIVE REACTION/ FORCE.
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FURTHER, RISK ASSOCIATED WITH THE MARINE INSURANCE, AT DIFFERENT STAGES, WOULD BE DURING:
INLAND TRANSIT OR IMPORT AND EXPORT.
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COMMERCE/ TRADE
MARINE INSURANCE IS MOST SIGNIFICANT INSURANCE IN:
OVERSEAS COMMERCE AND DOMESTIC TRADE.
MODE OF TRANSPORTATION
THE GOODS MAY BE IN TRANSIT BY:
RAIL ROAD AIR AND SEA.
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INSTITUTE OF LONDON UNDERWRITERS MOST OF THE COUNTRIES OF THE WORLD INCLUDING INDIA, ARE USING THESE CLAUSES.
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INLAND TRANSIT
FOR TRANSPORTATION WITHIN THE COUNTRY, THE CLAUSES USED ARE:
INLAND TRANSIT CLAUSES (ITC A, B OD C) WHICH ARE PREPARED BY:
TARIFF ADVISORY COMMITTEE, ARE ATTACHED TO THE POLICY AND
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MOVEMENT OF CARGO
ONCE THE GOODS MOVES OUT FROM THE WAREHOUSE OF THE SELLER TO THE WAREHOUSE OF THE BUYER THEY ARE NO LONGER IN THE CUSTODY OF THE SELLER OR THE BUYER THE GOODS ARE ENTIRELY IN THE HANDS OF OPERATORS OF THE SHIP AND THEREFORE LARGELY DEPENDENT UPON:
FITNESS & SEA WORTHINESS OF THE SHIP COMPETENCE OF ALL CONCERNED (CREW MEMBERS ETC.) FOR SAFETY AND SOUND DELIVERY.
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THE RISK COMMENCES FROM THE DEPARTURE OF GOODS FROM THE WAREHOUSE NAMED IN THE POLICY AND TERMINATES ON ARRIVAL AT THE WAREHOUSE NAMED IN THE POLICY.
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OPEN POLICY
AN OPEN POLICY IS ALSO KNOWN AS FLOATING POLICY IT IS ISSUED FOR A PERIOD OF TWELVE MONTHS AND ALL CONSIGNMENTS SENT DURING THE PERIOD ARE COVERED BY THE INSURERS THIS POLICY IS SUITABLE FOR BIG COMPANIES THAT HAVE REGULAR SHIPMENTS IT SAVES THEM THE TEDIOUS AND EXPENSIVE PROCESS OF ACQUIRING AN INSURANCE POLICY FOR EACH SHIPMENT.
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OPEN POLICY
THE RATES ARE FIXED IN ADVANCE THE ASSURED HAS TO DECLARE THE NATURE OF EACH SHIPMENT AND THE COVER IS PROVIDED TO ALL THE SHIPMENTS THE ASSURED NEEDS TO DEPOSIT A PREMIUM FOR:
THE ESTIMATED VALUE OF THE CONSIGNMENT DURING THE POLICY PERIOD.
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DECLARATION
EACH CONSIGNMENT NEEDS TO BE DECLARED ON EACH DECLARATION
THE SUM INSURED GETS REDUCED
PREMIUM
AS AND WHEN THE CONSIGNMENTS ARE SENT, THE DECLARATIONS ARE GIVEN TO THE INSURERS THE SUM INSURED IS ADJUSTED ACCORDINGLY IF THE PREMIUM IS EXHAUSTED DURING THE YEAR ADDITIONAL PREMIUM IS CHARGED ON:
THE RATES ALREADY AGREED UPON FALLING WHICH:
THE POLICY STANDS TERMINATED.
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CERTIFICATE/ POLICY
A CERTIFICATE IS ISSUED AGAINST EACH DECLARATION THE CERTIFICATE OF INSURANCE IS:
UNSTAMPED WHILST THE POLICY IS STAMPED.
BALANCE PREMIUM IF ANY UNDER THE POLICY IS REFUNDED TO THE INSURED OPEN POLICIES ARE GENERALLY ISSUED FOR INLAND TRANSIT.
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ADVANTAGES
ADVANTAGES OF OPEN POLICY:
AUTOMATIC AND CONTINUOUS INSURANCE PROTECTION SAVING IN ADMINISTRATIVE EXPENSES SAVING IN STAMP DUTY VIS A VIS:
SPECIFIC POLICIES BEING ISSUED FOR EACH AND EVERY DECLARATION AND STAMP DUTY IS CHARGED EVERY TIME.
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OPEN COVER
OPEN COVER GIVES THE INSURED AN AUTOMATIC AND CONTINUOUS INSURANCE PROTECTION SO THAT THERE IS NO RISK OF:
ANY SHIPMENT REMAINING UNINSURED/ UNCOVERED EVEN THROUGH AN OVERSIGHT.
THE RATES AND TERMS AND CONDITIONS ARE AGREED IN ADVANCE OPEN COVER IS VALID FOR ONE YEAR.
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OPEN COVER
IT IS OBLIGATORY ON THE PART OF THE INSURED TO DECLARE:
EACH AND EVERY SHIPMENT WITHOUT FAIL AND
AN OPEN COVER IS NOT A POLICY BUT IS AN AGREEMENT BINDING IN HONOUR. THE INSURER WOULD INSURE ALL SHIPMENTS AND THE INSURED SIMILARLY BOUND TO DECLARE EACH SHIPMENT.
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OPEN COVER
AS PER THE PROVISIONS OF THE INSURANCE ACT, THE PREMIUM FOR THE RISKS HAS TO BE PAID IN ADVANCE AND THEREFORE:
THE PREMIUM IS REQUIRED TO BE PAID ON EACH AND EVERY DECLARATION.
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DUTY INSURANCE
THIS INSURANCE IS ON INCREASED VALUE OF CARGO, BY REASON OF PAYMENT OF CUSTOM DUTY AT DESTINATION IT IS SUBJECT TO SAME CLAUSES AND CONDITIONS AS THE INSURANCE OF CARGO AND PAYS THE SAME PERCENTAGE OF LOSS AS MAY BE PAID THEREON, HOWEVER:
EXCLUDING CLAIM IN RESPECT OF:
TOTAL LOSS OF WHOLE OR PART OF CARGO PRIOR TO DUTY BECOMING PAYABLE.
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THE POLICY IS ISSUED TO THE CLIENTS, WHOSE ESTIMATED ANNUAL DISPATCHES ARE FOR AT LEAST 2 CRS.
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ANNUAL POLICY
ANNUAL POLICY UNDER THE MARINE DEPARTMENT IS ISSUED FOR:
12 MONTHS TO COVER GOODS BELONGING TO:
THE ASSURED OR HELD IN TRUST BY THE ASSURED BUT:
NOT UNDER CONTRACT OF SALE OR PURCHASE PROVIDED..
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ANNUAL POLICY
SUCH GOODS ARE IN TRANSIT BY RAIL OR ROAD FROM:
SPECIFIED DEPOTS/ PROCESSING UNITS TO OTHER SPECIFIED DEPOTS/ PROCESSING UNITS, HOWEVER:
THE DEPOTS/ PROCESSING UNITS MUST BE OWNED OR HIRED BY THE ASSURED.
THE POLICY IS NOT ASSIGNABLE OR TRANSFERABLE.
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THANKS
ANY QUESTIONS?
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