• Title/Summary/Keyword: Marine Insurance

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A Study on Commercialization of Styela clava HERDMAN aquaculture Insurance (미더덕 양식보험 상품화 방안 연구)

  • SONG, Jung-Hun
    • Journal of Fisheries and Marine Sciences Education
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    • v.29 no.2
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    • pp.607-611
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    • 2017
  • The purpose of this study is to present the concept of merchandising Styela clava HERDMAN developed in 2016. The main contents of this study are analyzing the general condition of Styela clava HERDMAN, We intend to promote stable and sustainable development of Korean aquaculture by activating the aquaculture insurance system by expanding coverage items and coverage, and increasing insurance coverage.

Duty of Fair Presentation after the Enactment of the Insurance Act 2015: The Case of Korea and China

  • Ahn, Tae-Kun;Kim, Sung-Ryong;Peng, Tian
    • Journal of Korea Trade
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    • v.24 no.2
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    • pp.1-14
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    • 2020
  • Purpose - The purpose of this paper is to analyze the reformed duty of fair presentation provisions and related caselaw of the Insurance Act 2015 to gain a clearer understanding of the differences between the Act and the preceding legislation. Design/methodology - The authors analyzed caselaw from South Korea and China that involved breaches of the duty of disclosure. Cases highlighting differences between the duties of disclosure and fair presentation were selected. Findings - Changes in the practice of marine insurance laws are expected from the application of the reformed duty of presentation provisions. In particular, the rights of the insured are expected to increase, resulting in the fairer conduct of insurance contracts. Due to the fact that the Insurance Act 2015 has only recently taken effect, the provisions of existing caselaw have not yet been applied. This has limited the authors' scope of analysis. Originality/value - This paper describes the implications of the duty of fair presentation by analyzing caselaw from South Korea and China that involves the duty of disclosure. To the best of the authors' knowledge, this is the first paper that investigates the reformed duty of fair presentation provisions of the Insurance Act 2015 in the context of the legislation's implications for trade practices.

A Study on the Surrender B/L and the Subrogation Claim of Marine Cargo Insurance under International Trade Transaction (국제무역거래상 권리포기 선하증권과 관련된 해상화물보험의 대위청구권에 관한 연구)

  • LEE, Jae-Sung
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.65
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    • pp.71-94
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    • 2015
  • The insurer's right to take legal proceedings in the name of the assured against a third party who has caused loss of or damage to the goods is of particular importance in marine cargo insurance under international trade transaction. The amounts recovered in subrogation actions, known in practice simply as recoveries, form a significant element in the balancing of the cargo insurer's underwriting account by improving ing the loss record. However, even if the carrier involved in the accident have a liability for damages, in some cases can not claim damages in accordance with the after clauses and carrier's exemption clauses indemnity carrier under the contract of carriage. In recent, the dispute cases to argue damages claim of the carrier in connection with business practices of surrender B/L, the claim is dismissed cases in accordance with the Arbitration Rules of the after clauses. In the future, the surrender B/L is continually to use as a marine transport method, it may also be interested in insurance subrogation of damages claims to insurance accident by a surrender B/L.

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Main Differences of Warranties under Marine Insurance Contract - with Comparisons between U.K., U.S. and Korea - (국제무역 계약상 해상보험의 담보에 대한 주요 차이점 -영국, 미국, 한국의 비교)

  • Pak, Myong-Sop;Han, Nak-Hyun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.44
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    • pp.111-180
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    • 2009
  • According to English law, in a voyage policy there is an implied warranty that at the commencement of the voyage the ship shall be seaworthy for the purpose of the particular adventure to be insured. However, Unites States law affords the implied warranty of seaworthiness a great deal of latitude. In the case of voyage policies, it has been traditionally held that the assured is bound not only to have his vessel seaworthy at the commencement of the voyage but also to keep her so, insofar as this can be achieved by himself and his agents, throughout the voyage. Additionally, a defect in seaworthiness, arising after the commencement of the risk, and permitted to continue from bad faith or want of ordinary prudence or diligence on the part of the insured or his agents, discharges the insurer from liability for any loss consequent to such bad faith, or want of prudence or diligence; but does not affect the insurance contract in reference to any other risk or loss covered by the policy, and which is not caused or exacerbated by the aforementioned defect. One of the most important areas of difference in the marine insurance contract between the U.K. and U.S. is the breach of warranty. Prior to the Wilburn Boat case, the MIA was thought to hold that the effect of a breach of warranty was similar under American law -in that under the general maritime law literal compliance with all promissory warranties is required. In this case, the Court concluded that state law should apply to a marine insurance policy, and found that there was no federal rule addressing the consequences of a breach of warranty in marine polices. However, it is of the utmost importance that this case brought to a close the imperative concordance between English and American law. Meanwhile, in relation to marine insurance contracts in Korea, this insurance is subject to English law and practice;, additionally, the international trade volume between Korea and the United States has assumed a vast scale. Therefore, we believe it is important to understand the differences in marine insurance law between the two countries in terms of marine insurance contracts, and most specifically warranties.

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A Comparative Legal Study on the Effect of the Increase of Risk in Marine Insurance (해상보검에 있어서 항검증가의 교과에 관한 비교법적 고찰)

  • 김경식
    • Journal of the Korean Institute of Navigation
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    • v.18 no.2
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    • pp.111-127
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    • 1994
  • A Contract of marine insurance is a contract whereby the insurer undertakes to indemnity the assurd, in manner and to the extent thereby agreed, against marine losses that is to say, the losses incident to marine adventure. But the matter is that whether the problem of increased risk in insurance law should be understood by matching to nay state under general principle of contract law and whether that we should give any effect is more proper to the original object of the system. For this, it is understood that it is a case to be applied a "clausula rebus sic stantibus" in general today, but it is regarded as the matter that whether "clausula rebus sic stantibs" is charging any position in change of risk and whether we should understood the concept of the risk on the substance of the risk. Accordingly the recognition for the problem like this, study should examine closely into whether any system for the effect of increase in change of risk is more proper and rational system provide the supplementing points through our principle of insurance law and the study by comparing method.by comparing method.

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A Study on the Implementation of Due Diligence and Its Effect - Focussing on the Marine Hull Insurance - (상당주의의무의 이행과 그 효과에 관한 연구 - 선박보험을 중심으로 -)

  • Lee, Sang-Wook;Nam, Young-Eun;Park, Sang-Gap
    • Journal of Navigation and Port Research
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    • v.26 no.4
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    • pp.399-406
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    • 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.

A Comparative Study on the Institute Time Clauses-Hulls 1995, American Institute Hulls Clauses 1977 and Japanese Hull Standard Clauses, 1990 (영국.미국.일본선박보험약관의 비교연구 -오염손해, 보험사고 발생의 통지의무, 신구교환차익공제 및 중복보험에 관한 규정을 중심으로-)

  • Hong, Sung-Hwa;Kim, Ki-Ung
    • Journal of Navigation and Port Research
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    • v.26 no.1
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    • pp.66-77
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    • 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.

A Study on the Insurer's Excluded Risks in Cargo Insurance (積荷保險에 있어서 保險者의 免責危險에 관한 硏究)

  • 김형근
    • Journal of the Korean Institute of Navigation
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    • v.15 no.3
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    • pp.53-72
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    • 1991
  • The marine cargo insurance compensates the cargo losses that happened during navigation . at the early days of the marine insurance, the insurer inclusively covered all risks that happended during navigation. But since the feature of the risks have been changed due to the development of the shipbuilding technique and commerce, the insurer could not bear all of the perils inclusively. So, the insurer have taken the limitation of the risks insured and the losses paid by exclusion clauses. Therefore, the purpose ;of this paper is to compare the exclusion clauses in the new Institute Cargo Clause (hereafter I.C.C.) with those in the former I.C.C.(all risks, F.P.A) and to make clear the scope of insurer's liability through the theoretical interpretation, clarification of various excluded risks in laws and clauses relating to marine cargo insurance. From what 1 mentioned above, 1 conclude that through continued study on the exclusion sin the new I.C.C., we should organize and establish a system which will satisfy both underwriters and the assured in making the application and the effectiveness equal for each party.

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Ankuk Fire & Marine Insurance's Use of Electronic Data Interchange on Cargo Insurance Processing (안국화재해상보험의 적하보험 EDI 활용)

  • Gang, Yeong-Mu
    • Asia pacific journal of information systems
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    • v.1 no.1
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    • pp.147-163
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    • 1991
  • The insurance industry is highly competitive since it is difficult to differentiate one company's service from another. This paper examines how Ankuk Fire & Marine Insurance has differentiated its service and improved its competitive edge against others by using electronic data interchange (EDI). In order to improve its service level, Ankuk Fire Insurance has significantly reduced paper work by transmitting information electronically to its customers. This was possible with standardized product codes and databases which were installed both on the Ankuk and customer premises. Ankuk Fire Insurance transmits its customer's insurance information to the customer's database instead of hand-carrying or mailing it. The main benefits of this has been: (1) fewer errors as data does not need to be re-entered, (2) faster customer service with electronic data delivery, and (3) better quality customer service due to highly structured relationships with customers. EDI will soon be available to all insurance companies due to the goverment's aggressive promotion of a KTNet plan. Ankuk Insurance, therefore, needs to adopt the standardized protocol recommended by KTNet and develop new products which will give them a competitive edge and minimize the possibilities of losing their clients to other insurance firms.

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Samsung Super Insurance Package:The Success Story of a New Product Launch (손보형 컨설팅시스템으로 통합보험 시장을 개척한 삼성화의 슈퍼보험)

  • Kim, Byung Do;Hong, Seong Tae;Jun, Jong Kun
    • Asia Marketing Journal
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    • v.7 no.3
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    • pp.105-119
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    • 2005
  • Samsung Fire & Marine Insurance Co., Ltd. launched 'Samsung Super Insurance Package', an insurance policy combining household's property & casualty insurance policies, except insurance with savings and pension insurance, into one for the first time in Korea. The product was developed to tackle challenges and threats from environmental changes, whose success owes to an excellent marketing strategies like adopting MCS system which is coined to support sales force activities, and building SRC(Samsung Risk Consultant), the organization dedicated to the sales of the product. The case shows how Samsung Fire & Marine Insurance Co., Ltd. developed and successfully marketed the combined insurance policy for the first time in Korea identifying the key success factors and discusses its business implications and future challenges.

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