• Title/Summary/Keyword: 적하보험

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A Study on the Excluded Risks of the Marine Cargo Insurance (적하보험 면책위험에 관한 연구)

  • Choi, Mi-Soo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.47
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    • pp.319-335
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    • 2010

  • The purpose of this study is to make clean the scope of insurer`s liability through theoretical interpretation and to understand some problems of various excluded risks in law and clauses relating to marine cargo insurance. This study suggest the problems related with the interpretation of the excluded risks in law and clauses. Through continued study on the excluded risks in law and clauses, we should make a system which will satisfy the assured in making the insurance contract.

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The current situations of trade financial EDI and implications in application of marine insurance contracts (무역금융EDI의 동향과 해상적하보험계약에의 적용과제)

  • Han, Sang-Hyun
    • The Journal of Information Technology
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    • v.7 no.1
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    • pp.121-136
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    • 2004

  • The purpose of this paper is to study the current situations of trade financial EDI based on The BOLERO system, New BOLERO system, The NACCS system in Japan and The EDEN(Electronic DElivery Negotiable document) system and problems in application of marine insurance contracts. Entwined with the contracts of carriage in international sale transactions is a contract of marine insurance by which the goods are insured against maritime perils. In the thesis I tried to explain the problems of paperless marine insurance contracts based on problems in relating to formation of the transit insurance contract and replication the functions of the marine insurance policy electronically.

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A Cargo Insurer's Right of Direct Action against P&I Club - Focused on Docket No.2012 gadan 503694 in Seoul Central District Court- (선주상호보험조합에 대한 적하보험자의 직접청구권 -서울중앙지방법원 2012가단503694 판결을 중심으로-)

  • Lee, Wonjeong
    • Journal of Korea Port Economic Association
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    • v.30 no.4
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    • pp.111-130
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    • 2014

  • The article 742(2) of the Korean Commercial Code allowed the third party to invoke a direct action against the insurer under a liability insurance. Meanwhile, the owners of the vessel enter into the P&I Insurance Contract with the P&I Club to indemnify all kinds of liability or expenses involved in the operation of its vessel. However, the Rule Book under the P&I Insurance mostly included the Pay to be Paid Clause which precludes the third party's direct action. Recently, the Seoul Central District Court passed a judgement on the validity of the Pay to be Paid Clause under the Korean law against the third party i.e. the cargo insurer having the right of subrogation. The court held that (1) the third party's right of direct action is not the right to claim insurance money but the right to claim damages against the P&I Club, (2) the insurer under a liability insurance is deemed to assume liability jointly and severally with the insured against the third party, (3) the Article 742(2) of the Korean Commercial Code is considered as a compulsory provision because it was invented to protect the innocent third party, the Paid to be Paid Clause is thus null and void. The purpose of this article is to evaluate the appropriateness of this court's judgments by comparative analysis of Korean and English law, and to suggest the relevant amendments of the Korean Commercial Code in order to prevent further legal disputes. The article criticizes the decision of the Seoul Central District Court, taking the attitude that, since the third party's right is the right to claim insurance money, the Paid to be Paid Clause is valid against the third party.

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A Study on the Problem of Insurance Terms Choice in the Marine Cargo Insurance Contract (해상적하보험계약(海上積荷保驗契約)에 있어서 보험조건선택(保險條件選擇)의 문제점(問題點)에 관한 고찰(考察))

  • Ra, Gong-Wu;Han, Sang-Hyun
    • Korean Business Review
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    • v.11
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    • pp.415-437
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    • 1998

  • On choosing insurance terms it would be a reasonable choice to choose insurance terms in proportion to how much risk is to be with considering of how much risk is exactly to be in a cargo's owner of his or hers as there are conditions such as a character of cargo, a packing condition, a loading ship, a shipping section, and a premium. But when we see on the present state of the statistical insurance table, the effects are entirely different from it stated above and these serious problems are of both the problem to prove who is on duty and the problem to cover how much the indemnity are to be. When we see a shipper as the insured, in the last 3 years that all risks has been more than 95 percent is to prove the reason mentioned above and there would be an intention for the shipper to transfer a claim for the indemnity to the insurer to evade from the complexity. Also when we see how much both I.C.C and New I.C.C is used, New I.C.C has been used less two times than I.C.C, that is due to the restriction of the scale of covering the indemnity. So both the introduction of trade clause as to insured in the same line of business and the positive application, taking into account of the principle of proving who is on duty and the scale of covering the indemnity, are to be accomplished.

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