上船舶保險의 免責危險에 관한 硏究

Abstract

Changes in shipping practice and maritime law affect the marine insurance industry and are usually reflected in amendments to the ITC. As a result of several new regulations and situations changed in the international trade and shipping, The ITC-HULLS,1995 was introduced in place of the ITC-HULLS,1983 on the 1st of November,1995.

Although the ITC-HULL,1995 is not being used in Korea, some practitioner can find that the ITC-HULLS,1995 will be introduced in Korea sooner or later because most insurance companies have been under depression for years with the lowest premium rate and recently the World Trade Center collapsed by terrorists in New York. It will be a problem if some major insurance companies can not maintain their solvency for those or future losses. Anyhow most underwriters will raise the premium rate as much as what allows the underwriters to get out of their difficulties and will require shipping companies in Korea to attach the ITC-HULLS,1995 on the policy instead of the ITC-HULLS,1983. Therefore the ITC-HULLS,1995 shall be studied. Especially the assured have to know exclusions thoroughly which discharge the insurer from any liability. That is to say, the assured will not be covered against excluded perils by the policy, unless otherwise provided in the policy. Loss or Damage caused by perils excluded will be a burden to the assured and will claim large amount of expenses and liabilities. It is needless to say the importance of understanding new clauses.

The aims of this paper are as follows:

to study the prospect and importance of the ITC-HULLS,1995 with pre -studying maritime perils and applications of cases.

to study the reasonable methods in order to get reasonable premium on the side of the assured under ITC-HULLS,1995 which puts heavier responsibilities on the assured.

In order to complete these aims, the precedent papers and books published in home and overseas are taken so as to complete the theoretical research on maritime perils as well as statutory and customary exclusions and some cases are explained to show applications of exclusions of ITC-HULLS,1995.

This paper consists of 6 chapters as follows:

Chapter 1 introduces the purpose and scope of this study.

Chapter 2 shows the definition of maritime perils. It divides maritime perils into two groups like perils insured against and perils excluded. Then the principles of compensation of the insurer, when several perils are competing one another simultaneously in an accident, are explained in this chapter.

Chapter 3 relates to exclusions found in the Marine Insurance Act,1906. Exclusions specified in the MIA,1906 are called statutory exclusions. In this chapter, various statutory exclusions, the principles of interpretation and the onus of proof of exclusions are mentioned.

Chapter 4 is a main part of this paper. What have been studied so far in Chapter 1,2 and 3 help to approach customary policy exclusions. The changes of clauses used in the past and the international situations having affected the ITC-HULLS,1995 are explained and exclusion of the ITC-HULLS,1995 are analysed clause by clause.

Chapter 5 points out the prospect of application of the ITC-HULLS,1995 in korea and some cases are taken to enhance the understanding exclusions of the ITC-HULLS,1995.

Chapter 6 is the summary and conclusion of this paper.