How to make a claim for maritime cargo damage? Analysis of common problems in recovery

2. According to international practice, there are three types of marine insurance clauses: ICC (A/B/C), which are the British Insurance Association clauses; domestic companies generally use CIC clauses, which are customized by China.

向谁追偿？

1. Compensation objects for general cargo damage

3. Identification situation

a. When the collision is unilaterally responsible, if this ship is the responsible party, then only this ship will be sued, and the cause of action can be breach of contract or tort; if the other ship is the responsible party, then only the other ship will be sued, but only in tort.

The main function of marine insurance is to provide financial compensation. After an insured accident occurs, the insurer should quickly investigate, inspect, and determine the damage, and deliver the insurance compensation to the insured in a timely manner.

, also select from the maritime court of the defendant’s domicile, place of departure, place of transshipment, and destination, unless only the carrier in the non-maritime section is sued.

1. Consensus.

When applying for inspection from the insurer or its designated inspection agent, the applicant for inspection should provide the necessary documents to fill in the following contents: application for inspection form, ocean bill of lading, cargo invoice, maritime report, insurance document, packing list, tally list, The weight list of the goods, etc.

4. Analyze the claims case and determine liability.

1. Principles based on marine insurance contracts.

When the consignee is the subject of the claim, since the price paid by the consignee already includes value-added tax, there is no question of whether the tax should be deducted.

向哪个法院起诉

Secondly,b. When the collision is the responsibility of two or more parties, the ship and the other ship shall be sued at the same time and required to bear compensation liability in proportion to the liability. The cause of action shall be tort. If you only sue the ship, you may not be able to receive full compensation.

VAT issues1) Port joint inspection. When cargo is found to be damaged after arriving at the port of destination, the consignee should promptly notify the insurance company, apply for joint inspection to the commodity inspection department, jointly identify the cause of the damage, the amount and extent of the damage, and prepare a port joint inspection report or situation record.

1. In the case of general cargo damage,

One,How to calculate marine insurance premiums

追偿中的实体问题

增值税问题

Cargo damage is generally divided into two categories based on causes: general cargo damage and cargo damage caused by ship collision. General cargo damage can be divided into multimodal transport cargo damage and water transport cargo damage.

Substantive issues in recovery

其一，2. In case of cargo damage due to collision,

其二，When an insured accident or loss within the scope of insurance liability occurs, the insured shall notify the insurer immediately. Notification of loss is the first step in an insurance claim. In ship insurance, if the accident occurs abroad, the nearest insurance agent should also be notified.

其三The risks of maritime cargo transportation are divided into maritime risks and external risks. Maritime risks include natural disasters and accidents. Natural disasters only refer to severe weather, lightning, floods, ice drifts, earthquakes, tsunamis and other force majeure disasters.

3. The principle of timeliness.

1、协商一致。2. No consensus reached.

2、未协商一致。

3、鉴定情形When calculating insurance compensation, insurers usually rely on the Statement of Claim. The calculation of insurance compensation can be done by the insurer itself, or it can be calculated by its agent or entrusted to a general loss adjuster.

4、注意事项3. The factors that fix insurance rates are as follows: cargo type, voyage, packaging, terms used, insurance amount, policy model and liability limit; each of these factors will affect the rate.

Which court to sue to?

2. Who should recover compensation for cargo damage caused by ship collision?

海上运输风险

Insurance amount = CIF price of invoice (CIF price) * invoice markup rate (usually a markup of 10%) = CIF price * 110%

Marine insurance is a required type of insurance for maritime cargo transportation. There are two types of basic insurance: general cargo insurance and special cargo insurance. General cargo insurance is divided into three types: Ping An insurance, water damage insurance and all risks.

Recover from whom?

2. Survey and inspection.

3. Verify the insurance case.

Marine insurance claims principles

Insurance premium = insurance amount * insurance rate

5. Calculate the compensation amount and pay the insurance compensation.

When handling insurance compensation, marine insurers must base themselves on the insurance contract and pay attention to the principle of reasonableness, because the terms of the marine insurance contract cannot cover all situations.

Third

Maritime transport risksIf there is written confirmation from both parties, the written agreement between both parties will generally prevail.

2.合理原则。Marine insurance claims related processes

3.及时原则。Judgment of cargo damage condition Judgment of cargo damage condition

4. Things to note

1.损失通知。1. In the absence of special regulations, the price is generally 110% of the CIF price, and the special price shall not exceed 120% of the CIF price.

2.查勘检验。3. In the case of multimodal transport

In disputes over cargo damage during waterway transport, there are various situations regarding whether VAT should be deducted.

After a marine accident occurs, whether it is within the scope of insurance liability, whether it is within the insurance period, the amount of insurance compensation, the determination of the deductible, the insured's own responsibility, etc. are all responsibilities determined according to the insurance contract.

The insurer or its agent shall immediately carry out investigation and inspection of the loss of the insured subject matter after receiving the notice of loss. There are two main steps:

3.核实保险案情。

1. Notice of loss.If a collision occurs in the shipping section under multimodal transport and the cargo is damaged, if a contractual cause of action is chosen, the jurisdiction of the court will be the same as above.

2. Reasonable principle.How to settle claims for marine cargo transportation insurance?