2011년 9월 17일 토요일

무역계약, 자주쓰는표현 - Insurance(보험)


  • General Average (공동해손)
    "General Average comprehends all loss arising out of a voluntary sacrifice of a part of either vessel or cargo, made by the captain for the benefit of the whole."
    (전체를 위해 희생한 선박일부, 적하일부 등의 희생을 말함)

  • Particular Average (단독해손)
    "Particular average comprehends all loss occasioned to ship, freight, and cargo, which has not been wholly or partly sacrificed for the common safety or which does not otherwise come under the heading of general average or total loss."
    (간단하게 말하면, 모든 부분손해 중 공동해손을 제외한 것)

  • Cover Note (보험승낙서)
    "Cover Note is a broker's notice that an insurance has been placed pending the production of a policy or certificate. This sometimes takes the form of a letter of insurance but does not contain any details of the insurance said to be effected."
    (보험증권이나 증명서가 발행될 때까지 보험체결을 통보해주는 문서)

  • Constructive total loss (추정전손)
    "Constructive total loss arises when the vessel or cargo is in such a situation that the cost of salvaging and repairing her would exceed her value when repaired."


    "90 yards of cotton fabrics have incurred partial damage owing to heavy weather on her way to London."
    (면직물이 운송중 부분적인 손해를 입었다는 내용인데, 유의할 것은 배를 여성으로 표현한다는 것임.)

    "The insurance premium(보험료) is payable to the insurer when he issues the policy, unless another arrangement is agreed upon by the parties or required by trade custom."

    "Insurance policy in duplicate, endorsed in blank for 110% of the invoice value, stipulating that claims are payable in Seoul, Korea."

    "We filed our claim for the broken cargoes with the insurance company."

    "The acceptance of an abandonment may be either expressed or implied from conduct of the insurer."

    "Further savings on premium are certain owing to the lowest rates charged for container-stowed cargoes."

    "Abandonment has effect only where is a constructive total loss, whereas subrogation to all cases where loss is paid, whether the loss is total or partial."

    "The insurer is entitled to take over the interest of the assured in whatever may remain of the subject-matter insured, and all proprietary rights incidental thereto. The effects of abandonment are considered, principally in relation to cases of constructive total loss."

    "The insurance company will also have the right of subrogation, which means they can claim the wrecked vessel and sell it for any price they can get."

    "The insurance shall be contracted with underwriters or an insurance company of good repute and failing express agreement to the contrary, be in accordance with minimum cover of the Institute Cargo Clause.(ICC)"

    "Salvage charges are not included in particular average and are incurred by the assured or his agents to avert or minimize loss or damage to the particular subject-matter insured."
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