8.1.1.2 Losses:total loss and partial loss全部损失和部分损...
♦Total loss全部损失
Two types of losses are covered by marine cargo insurance under CIC—a total loss and a partial loss.A total loss can be an actual total loss or a constructive total loss.An actual total loss is the complete loss of the insured cargo in value.A constructive total loss is a situation where the salvage cost of the damaged cargo exceeds the salvaged value of the cargo and simply abandoning the cargo is more cost-effective.Most insurance policies provide that indemnity for the total loss is up to the insured amount.
♦Partial loss部分损失
If the loss is less than the total cost,it is called a partial loss.A partial loss may be particular or general,called a particular average loss and a general average loss,respectively,or just a particular average and a general average.Here “average”means “the apportionment of financial liability resulting from loss of or damage to a ship or its cargo”.This sense dates back to the ancient French language in the marine transportation industry.
♦General average共同海损
A general average loss is based upon a relationship between the ship owner and all the shippers who have cargoes aboard the same vessel on a particular voyage.All these parties are bound together on the voyage.When an entire ship is threatened by a marine peril or some other hazard,to save the ship and the cargoes,part of the cargoes or the vessel have to be abandoned or sacrificed.In such an emergency,the master may declare an action of general average.If it was your cargo that had been voluntarily sacrificed,whoever’s property was saved must proportionally apportion your loss before he/she could claim for recovery from his/her insurance company.
But some conditions must be satisfied before the master can declare a general average loss:
(1)There must be an extraordinary situation.
(2)The peril must be real and not imaginary.
(3)The loss must be voluntary and deliberate.
(4)The sacrifice must be made prudently.
(5)The purpose is to save the whole voyage.
(6)The act should be successful at least partially.
♦Particular average单独海损
A particular average loss refers to a damage or loss suffered by part of the cargoes.For example,if a storm or fire damaged your cargo,but no one else’s cargo had to be sacrificed to save the vessel,you would be suffering from a particular average loss.In this case,you should turn to your insurance company for indemnity,provided your insurance policy covers the specific type of loss suffered.