| Trade
Terms and Cargo Insurance
Cargo insurance is arranged by the party who bears
the obligation of insuring the goods under the sales contract
that is the seller or the buyer, as the case may be. If the
sales contract is on CIF or C&I terms, the exporter as
the seller concludes the insurance contract on behalf of the
importer who is the bearer of the risk. There is much diversity
in the form and kind of sales contract. For the benefit of
parties concerned, the so-called "Incoterms" define
basic obligations of exporters and importers. There are several
countries requiring by law that marine insurance on import
shipments to these countries should be underwritten by local
insurance companies.
(1) CIF Terms and Cargo Insurance
Insurance conditions are normally specified in the sales contract
and/or Letter of Credit, but in cases where there are no specific
instructions therein, it is usual to follow the practice of
the trade. Of course, it is desirable to make the insurance
conditions clear in the sales contract.
Normally the insured amount is shown in the sales contract
and/or Letter of Credit. Current Incoterms provide that the
insured amount should be not less than the amount of 110%
of the CIF value. Under CIF terms, the exporter is bound to
provide marine insurance covering the whole voyage up to the
final destination and to furnish the importer with shipping
documents including the insurance policy. There is another
type of contract called C&I contract which is considered
to be a variation of the CIF contract. Under C&I contracts,
ocean freight is excluded from the price of sales contract
since it is payable at the destination by the buyer. However,
the obligation of the exporter relating to insurance is identical
to that of CIF contract.
(2) FOB and C&F Contracts
Under FOB terms, the exporter is bound to load the goods onto
the carrying vessel at his own cost and risk, but he does
not need to arrange insurance to protect the interests of
the importer, which will be insured by the importer. In the
case of C&F contract, the position of the exporter relating
to insurance is quite the same as FOB contract, since the
insurance premium covering the ocean voyage is excluded from
the price of sales contract. The difference between FOB and
C&F contracts relates to whom the ocean freight is paid
by. Under FOB and C&F contracts, the exporter has an obligation
of sending a shipping advice to the importer immediately on
completion of loading the cargo at the port of shipment, so
that the importer may effect insurance without delay. On the
other hand, the exporter bears the risk before loading for
which he will have to arrange insurance on his own behalf.
The importer's position regarding insurance protection under
various trade terms is the reverse of the exporter's. The
importer on CIF terms must rely upon the insurance arranged
by the exporter, and on FOB or C&F terms he has to affect
insurance by himself.
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Insured
Value and Insured Amount
Since it is impracticable to assess the market value of the
insured goods at the time and place when and where the loss
of or damage to them takes place during the course of transit,
an agreement on the valuation of the goods is made beforehand
between the insurer and the assured when the contract of marine
cargo insurance is concluded. Such value is called "Agreed
Insured Value" and the marine cargo insurance policy
is called a "Valued Policy". The insured amount
is the limit of the amount, for which the insurer is liable
in respect of one accident, and insurance premiums are calculated
upon this amount. Although the Insured Value and Insured Amount
are different terminologies, the insured amount is normally
fixed at the same as the insured value. |