A Study on Exclusions Clauses of Institute Cargo Clauses

• Main Authors: Li-Huan Hsu, 許儷圜
• Other Authors: Wen-Jui Tseng
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/67931827130805589003

碩士 === 國立高雄海洋科技大學 === 航運管理研究所 === 102 === Taiwan’s shipping industry has benefited from its geographic location. In addition, marine transportation is vital in Taiwan because of the factors of Taiwan’s natural environment and resources. Marine cargo insurance is a crucial element in marine transportation and international trade. Currently, most countries conform to the Institute Cargo Clauses (ICC) regarding insurance. The ICC have been revised on several occasions. The current ICC version became effective in January 2009, and is called the ICC, 2009. The ICC, 2009 contains crucial exclusion clauses that are used to limit insurer liability. However, despite the growth of the insurance market, numerous people who purchase insurance do not understand the exclusion clauses in their contracts and the jargon used in the clauses is frequently misunderstood, thereby causing disputes. Taiwan’s marine insurance laws do not explicitly address exclusion clauses, which has also caused various insurance claim disputes. Regarding the investigation of ICC exclusions, this study explored insurance coverage, the factors that prompted the creation of exclusion clauses, and the content of the exclusion clauses. The exclusion clauses permitted by the ICC were based on the exclusion clauses in the Marine Insurance Act 1906 (MIA, 1906). This study primarily examined the exclusion clauses described in the MIA 1906 and referenced the ICC exclusion clauses. Case studies were provided to present examples. Finally, we offered several recommendations for both the insurer and insured to reduce insurance claim disputes that can serve as a reference in judicial rulings.