• Journal of Navigation and Port Research
• /
• v.26 no.1
• /
• pp.66-77
• /
• 2002

Generally hull insurance is undertaken by mean of a contract of hull insurance. A contract of hul1 insurance here is a contract whereby the insurer undertakes to indemnify the assured against the loss and damage to the vessel mused by maritime perils. A contract of hull insurance is consists of printed main insurance clauses and a clause includes many sub-clauses. Now the Institute Time Clauses-Hulls (hereunder refer to as "English hull insurance clauses"made by the Institute of London Underwriters is much used as the standard from or basic from by many countries ail over the world Now Korean insurance companies hue not made our their own hull insurance clauses, they have just adopted the made-out English hull insurance clauses and the english law and practice to solve the problem related to marine insurance. On the other hand, the United States of America and Japan have made out their own hull insurance clauses based on English hull insurance clauses and used the clauses for many years. Now American is using American Institute Hull Clauses(hereunder refer to as "American hul1 insurance clauses"as its own clauses which was made out by American Institute of Marine Underwriters in 1977 and Japan is also wing its own clauses named Japanese Hull Standard Clauses(hereunder refer to as "Japanese hull clauses") which was made out by japanese Hull Insurance Association in 1990. Therefore the purpose of this study is not only to make a comparative study on English hull insurance clauses 1995, American hull insurance clauses 1977 and Japanese hull clauses l990, but also to supply on some legal materials necessary for Korea to establish and perform our own hull insurance clauses.

• Journal of the Korean Institute of Navigation
• /
• v.18 no.4
• /
• pp.59-81
• /
• 1994

Korean property and liability insurance companies have underwrited hull insurance without proper undrewriting ability. But after April 1996. in case of Korean insurance market being opened the companies have to make hull insurance rate by themselves. Accordingly, in this study, the writer embodies important factors in making hull insurance rate by an empirical survey. In empirical survey, the writer used a questionnaire, 74 proper data was obtained from 96 officers working in making hull insurance rate in 12 Korean property and liablity insurance companies and 24 the foreign companies at home. Reliability was tested by Cronbach's Alpha and a conceptual validity by Factor Analysis. Hypothesis estabilished in this study was tested by Correlation and Multiple Regression Analysis. Results of testing hypothesis are as follows: Firstly, the traits of insurer and the assured influence significantly(P<0.05) on making hull insurance rate. Secondly, expected loss ratio, ship manager, ship's age, insured amount, level of the cost of repairing and salvage, shipowner, period of insurance, level of overseas rating, profit and expense, trading limits, ship's classification, conditions of insurance, and ship's size influence significantly(P<0.05) on making hull insurance rate.

• Journal of the Korean Institute of Navigation
• /
• v.18 no.3
• /
• pp.31-49
• /
• 1994

In the meantime Korean Insurance Industry has been developed a steady growth under government's political protection. But insurance market seems to be opened unavoidably owing to the liberalization of international trade by the Agreements of UR and the bloc of economy by EC Integration and the Organization of NAFTA. By the above reason, especially, in case of hull insurance, the rate of hull insurance is being instituted as a problem. Accordingly the recognition for the problem like this, in thsi study, explained the major objectives of rate making and described the basic rate making methods that are used in property and liability insurance, and searched the rate making schemes of hull insurance rate of the major nations by comparing method. And as a conclusion, the writer presented several schemes including new rate making scheme of hull insurance rate and the security of statistical data about loss ratio, and the establishment of Korean Hull Insurance Association.

• Journal of the Korean Institute of Navigation
• /
• v.25 no.4
• /
• pp.487-512
• /
• 2001

In 1986, the People's Insurance Company of China(hereinafter called PICC) Hull Insurance Clauses, which were amended on the basis of the version 1972, were put into effect. Since PICC is the biggest state-owned insurance company in China, its hull insurance clauses have been used nationwide. In the clauses are included the following contents： scope of cover, exclusions, period of insurance, automatical termination of insurance, duty of assured, claim and indemnity, treatment of disputes and so on. However, this study is only limited to the legal interpretation of the most important clauses relating to indemnity of the insurer. The writers attempt to supply some basic materials necessary for the establishment and enforcement of the Korean hull insurance clauses.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.34
• /
• pp.77-108
• /
• 2007

The traditional name given to the insurance of third party liabilities and certain contractual liabilities which arise in connection with the operation of ships is protection and indemnity(P & I) insurance. P & I insurance is very different from traditional hull and machinery insurance in that shipowners' hull and machinery insurance is designed primarily to protect the assured against losses to his vessel, whereas P & I insurance seeks to indemnify an shipowner in respect of the discharge of legal liabilities he has incurred in operating his own vessels. This study is to examine the background of establishment of British P & I clubs md, therefore, the identity of P & I insurance. The present British P & I clubs are the remote descendants of the many small and local hull mutual insurance clubs that were formed by British shipowners in the end of 18th century. At that time, British shipowners were dissatified with the state of marine insurance market and, therefore, established clubs together in mutual hull insurance clubs. After the removal of the company monopoly in 1824, greater competition had a good effect on the rates, terms of cover and service offered by the commercial marine insurance market and by Lloyd's underwriters, and the hull clubs became less necessary and went into decline. The burden of British shipowners on liabilities to third parties was steadily increased after the middle of the 19th century, but the amount insured under hull policy was limited in the insured value of the ship. Eventually, the first protection club, that is, the Shipowners' Mutual Protection Society was formed in 1855. It was designed to like past mutual hull clubs, but to cover liabilities for loss of life and personal injury and also the collision risks excluded from the current marine policies, particularly the excess above the limits in hull policies. In 1870, the risks of liability for loss of or damage to cargo carried on board the insured ship was first awarded by the British shipowners. After 1874, many protection clubs formed indemnity club to cover the risk of liability for loss or damage to cargo. As mentioned above, British P & I clubs have been steadily changed according to the response of shipowners under the rapidly changing law of British shipowners' liability, and so on in the future.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.22
• /
• pp.201-226
• /
• 2004

P & I Clubs are mutual and non-profit making insurers which offer shipowners cover for the contractual and third-party liabilities. Whereas most shipowners obtain P & I insurance to cover for their legal liabilities, they also obtain hull insurance to cover against damages to the hull of their vessels from commercial hull insurers. P & I insurance was distinguished from hull insurance in respect that it offered non-limited cover to shipowner member, but there was a serious debate between P & I Clubs in respect of the non-limited cover. A compromise by International Group of P & I Clubs eventually emerged under which, with effect from 20 February 1997, a financial cap was placed on the obligation of each shipowner to pay catasrophe calls to his club(20% of each ship's property limitation fund under 1976 Limitation Convention). Nevertheless many shipowners felt that this new cap on their potential catastrophe call had been set still too high, while others resisted any reduction in the figure established by the compromise. In the Meantime, the European Commission issued a Statement of Objections in June 1997, in which it indicated its objections with a compulsory single limit common th all the Group clubs as high as the 1997 compromise. Eventually the board of all the Group clubs decided that the figure of 20% of the Limitation Convention per ship property funds should be dropped down to 2.5% from 20 February 1999.

• Proceedings of the Korean Society of Marine Engineers Conference
• /
• 2006.06a
• /
• pp.133-134
• /
• 2006

Recently, despite of the effects of international Coordination and cooperation to prevent piracy, piracy is on an increasing trend every year. Such circumstances may have a bad effect on the sound development of world economy by means of trade in sea as well as treat to the safety of crews and safe operation of ships. Finally, Modern maritime piracy has become one of the major threats to safety at sea. We having Cargo-owners or Ship-owners attacked by piracy, it causes enormous economic losses. Therefore, Ship-owners and Cargo-owners insure Cargo Insurance, Hull Insurance and P&I Insurance to indemnity of losses which is caused by piracy. The Purpose of this paper was to explain the losses caused by piracy and studying the limits of the possibility of indemnity in the Cargo Insurance, Hull Insurance and P&I Insurance.

• Korea Trade Review
• /
• v.45 no.6
• /
• pp.157-179
• /
• 2020

This study presented the results of meta-analysis through topic modeling among the papers published in the Journal of the International Trade Association for the purpose of presenting academic research trends in the field of trade insurance and future research directions. Among the total 2,010 papers included in the Journal of the Korea International Trade Association, the analyzed paper covers the subject of trade-related insurance. According to detailed topics, 33 marine insurance (42.31%), 16 export insurance (20.51%), 11 hull insurance (14.10%), and 18 others (23.08%), and 4 other products liability insurance. According to the empirical analysis results, Topic 1 was classified as marine insurance, airworthiness, notice obligation, and collateral, and Topic 2 was derived as a representative topic for loading insurance, emergency risk, and immunity as export insurance. And Topic 3 was classified as vessel, sinking and container in relation to ship insurance, and Topic 4 was analyzed as an important topic such as manufacture and British marine insurance. Through the analysis results, we selected the representative topic used for the trade insurance topic and looked at the status of major research. Trade insurance is an area that requires the development of more theoretical and practical research subjects as an optimal risk management means in international trade transactions. To this end, first, support from the Korea International Trade Association is needed to establish a continuous research subject sharing system for the development of research subjects in the field of trade insurance. Second, academic journal operation management must be continuously managed in which academic research papers can be submitted and published.

• Journal of Navigation and Port Research
• /
• v.26 no.4
• /
• pp.399-406
• /
• 2002

There may be some cases in which underwriters refuse to pay claims to the assured in case of his want of due diligence and actually, a lot of cases which an assured could not have been covered, existed through the history of marine hull insurance claims. Statistically, looking back the past marine accident cases in korea, the most parts of the accident are man-made disasters caused by want of due diligence. So, this study will focuss on this kind of marine losses and insurance clauses and other relevant rules containing due diligence such as due diligence of the assured in inchmaree clause, ITC-Hulls(1983), and due diligence of carrier in Hague-Visby Rule and so on. This study also shows what the disadvantages to marine enterprisers are, caused by want of due diligence and the advantages of doing due diligence are. In conclusion, this study contends that marine enterprisers should perform due diligence in dong their business for both financial stability and good management of their companies.

• The Journal of Information Technology
• /
• v.8 no.2
• /
• pp.27-42
• /
• 2005

The S.G. Policy form contains the words "the good ship or vessel called the.....". The words "good ship" mean that the ship is deemed to be seaworthy at the commencement of the voyage and this was very necessary in the day when a separate policy was issued for each voyage. In fact the warranty do seaworthiness still applies to all voyage policies. Nevertheless, the law does not apply an absolute warranty of seaworthiness to a time policy, so a ship is not required to be seaworthy at the time the hull policy is effected. The implied warranty of seaworthiness does not extend to good, for the underwriter is not responsible for their condition, apart fro the action of the perils insured against. The implied warranty of seaworthiness is limited to the vessel herself, and does not extend to a lighter or other craft used to convey the goods to the ship. The underwriters waive any breach of the implied warranties of the seaworthiness of the ship and fitness of the ship to carry the subject-matter insured to destination, unless the assured or their servants are privy to such unseaworthiness of unfitness.