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HỌC TỐT TIẾNG ANH 11 THEO CHƯƠNG TRÌNH GLOBAL SUCCESS ĐÁP ÁN CHI TIẾT - CẢ NĂ...
Cargo Insurance (Change of voyage)
1. CARGO INSURANCE GFML
3043
GROUP 20 (CHANGE OF VOYAGE)
PREPARED FOR:
DR. SALWANI ARBAK
PREPARED BY:
MOHD ZIA-UDDIN NASIR 229176
DEVAGGI ARUMUGAM 221182
FAIZ BIN MARJAN 221124
3. What is actually change of voyage?
• Change of destination
• The ship must in Seaworthiness
• Just like deviation (under clause 9 & 8.3)
• It could be liable or not liable
• The duty of assured
• Under clause 10
4.
5. The Facts
By Lloyd's policies of insurance against marine and war
risks, cargoes belonging to the assured, who were British
subjects, and shipped in three German vessels, the Minden,,
the Wangoni., and the Halle,., for various destinations in
August, 1939, were insured by underwriters against
"enemies .... surprisals, takings at sea, arrests, restraints and
detainments of all kings, princes and people," and, by
incorporation of the Institute War Clauses, against the risks,
excluded from the standard form of English marine policy by
an f.c. and s. clause, and "the consequences of hostilities or
warlike operations. ..."
6. Each policy provided:
"Warranted free of any claim based upon
loss of, or frustration of, the insured voyage
or adventure caused by arrests restraints or
detainments of kings princes peoples. ..."
7. The voyages were begun before the outbreak of war
between Great Britain and France and Germany on
September 3, 1939.
But on August 24, the Minden, on September 1, the
Wangoni, and on September 6, the and Halle, put in at
neutral ports in obedience to orders by the German
government that the masters should so take refuge and, if
possible, return to Germany with their cargoes, or, as a last
resort, scuttle their vessels.
The M. and the H. left their ports of refuge some weeks
after the outbreak of war in an attempt to reach Germany,
but were eventually scuttled in the presence of Allied
warships. The W. succeeded in reaching Germany in
March, 1940.
8. Per Lord Porter. Underwriters do not succeed in
proving a loss within the exception in the
frustration clause merely by showing that the
adventure has been lost.
A total loss of goods must always have that result.
In the present case it is true that the adventure
was put an end to by the loss of the goods, but the
goods were not lost by reason of the loss of the
adventure.
11. O On March 21, 2006, M/V Hyundai Fortune was en route
from ports in China and Singapore through the Gulf of
Aden about 60 miles (97 km) south of the coast
of Yemen. She was sailing west towards the Suez
Canal on the way to ports in Europe.
O Panama flag container M/V Hyundai Fortune (built
1996) has suffered major explosion & massive fire in
aft on-deck container stacks.
O Entire after end of ship completely involved in fire.
Crew has abandoned ship, picked up by Dutch Navy
frigate HNLMS De Zeven Provincien.
O M/V Hyundai Fortune in position 12-39N 047-22E (Gulf
of Aden). Numerous (60 to 90) containers blown over
the side, forming a debris field about 5 miles long --
many of which are drifting around the vessel.
O After the explosion, fire raged in the ship for days and the
stricken vessel had to be towed to safety at Salalah,
Oman.
12.
13. Hyundai Fortune fire expected to be biggest cargo
insurance claim
O The 21 March 2006, the HYUNDAI FORTUNE
suffered an explosion on board near the coasts of
Yemen. The cause of the explosion could be
fireworks. The vessel was towed to the nearest port
of refuge, Oman.
O 5,000 containers caught fire (5,500 TEU)
O Lloyd’s underwriters anticipate claims to be around
$100 million and claims for the replacement of the
vessel to be close to $80 million
O American Maritime Lawyers Know M/V Hyundai
Fortune From Her Prominence in U.S. Commerce.
O Vessel was Korea for Rotterdam. She is insured by
Britannia Steamship.
14. Result: Hyundai Merchant Marine Co., Ltd.
O Generally speaking, marine cargo insurance provides flexible coverage for
policy holders. According to the "Change of Voyage Clause", once the
policyholder is informed about the change, he must provide written
notice to the insurance company promptly. If there are changes in the
voyage, the insurance company may need to re-assess the risk and the
conditions and, as a result, an additional premium may be required for the
continuance of cover.
O After the vessel was towed to the nearest port of refuge, Oman, the sound
containers were offloaded for transportation to other ships to Europe. In this
case, as the vessel and the route changed from those stated at the start of
the voyage, in order to enjoy marine cargo insurance coverage, cargo
owners need to inform the insurance company about the changes as
soon as they know about them by written notice so as to obtain the
consent of the insurance company.
O If the cargo owners do not inform the insurance company once they are
advised of any changes, they may not enjoy insurance cover as they have
breached the contract mutually agreed by the cargo owners and the
insurance company. Therefore, it is important to remind your customers to
inform us in writing promptly if there are any changes in the voyage.
15. Principle
Marine Insurance Act 1906 - The underwriter is
discharged from liability if there has been a change
in the voyage (voluntarily)
Institute Cargo Clause 1963 - A change of voyage
would not be fatal to the assured as he could held
covered by an additional payment of premium
Clause 10 of the 1982 Institute Cargo Clause 1963 –
The requirement is strict
Implied Warranty – Legality of Voyage (incorporated
under Marine Law)