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December 2008 December 2008 Taiwan Maritime Services Taiwan Maritime Services Limited Limited 1 American Club American Club Mitsui Mitsui Sumitomo Sumitomo British British Marine Marine North of North of England England China P&I China P&I Steamship Steamship Mutual Mutual Gard AS Gard AS Swedish Club Swedish Club Japan Club Japan Club Skuld Skuld London Club London Club Tokio Marine Tokio Marine Nichido Nichido As Correspondents of

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As Correspondents of. 概論 P&I 保險. History of P&I Insurance. P&I Club 的前身 - Hull Insurance Clubs 盛行於 18 世紀的英國 其後船東加入以互保方式共同承擔船體損害 ( 現今 P&I 的概念 , Being the insurers as well as insured). The PROTECTION. - PowerPoint PPT Presentation

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Page 1: As Correspondents of

December 2008December 2008 Taiwan Maritime Services LimitedTaiwan Maritime Services Limited 11

American Club American Club Mitsui Sumitomo Mitsui Sumitomo

British Marine British Marine North of England North of England

China P&I China P&I Steamship Steamship Mutual Mutual

Gard AS Gard AS Swedish ClubSwedish Club

Japan Club Japan Club Skuld Skuld

London Club London Club Tokio Marine Tokio Marine Nichido Nichido

As Correspondents of

Page 2: As Correspondents of

December 2008December 2008 Taiwan Maritime Services LimitedTaiwan Maritime Services Limited 22

• 概論概論 P&IP&I 保險保險

Page 3: As Correspondents of

Taiwan Maritime Services LimitedTaiwan Maritime Services Limited 33December 2008December 2008

History of P&I InsuranceHistory of P&I Insurance

• P&I Club P&I Club 的前身 的前身 - Hull Insurance Cl- Hull Insurance Clubs ubs 盛行於盛行於 1818 世紀的英國世紀的英國

• 其後船東加入以互保方式共同承擔船其後船東加入以互保方式共同承擔船體損害 體損害 (( 現今 現今 P&I P&I 的概念的概念 , Being the i, Being the i

nsurers as well as insured)nsurers as well as insured)

Page 4: As Correspondents of

December 2008December 2008 Taiwan Maritime Services LimitedTaiwan Maritime Services Limited 44

The PROTECTIONThe PROTECTION

• 18361836 年英國法院判決船東不得對船體保險人請求年英國法院判決船東不得對船體保險人請求碰撞損害責任 碰撞損害責任 - De Vaux v. Salvador (1836),- De Vaux v. Salvador (1836), 市市場回應場回應 :: 承保承保 3/4,3/4, 船東自行吸收剩餘的船東自行吸收剩餘的 1/41/4 責任責任 ..

• 18551855 年 年 - - 第一個 第一個 Protection Club Protection Club 成立,名為 成立,名為 ““ Shipowners’ Mutual Protection Society”Shipowners’ Mutual Protection Society” ,,其性質為互保,承保範圍包括人員傷亡以及其性質為互保,承保範圍包括人員傷亡以及 1/41/4碰撞責任,其他性質相同的 碰撞責任,其他性質相同的 Clubs Clubs 亦於同時陸續亦於同時陸續成立。 成立。

• Mr. Peter Tindall – the founderMr. Peter Tindall – the founder

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December 2008December 2008 Taiwan Maritime Services LimitedTaiwan Maritime Services Limited 55

The INDEMNITYThe INDEMNITY

• ““Westernhope” (1870) & “Emily” Westernhope” (1870) & “Emily” 一案中一案中 22船發生船難,一因不合理偏航、一因航行疏失 船發生船難,一因不合理偏航、一因航行疏失 (n(negligence in navigation)egligence in navigation) ,致船舶擱淺船貨全損,,致船舶擱淺船貨全損,當時船東們深感對第三人責任遽增 當時船東們深感對第三人責任遽增 (( 貨價提升貨價提升 )) ,,在在 North of England Protection Association North of England Protection Association 之之建議下,建議下, Shipowners’ Mutual Protection SociShipowners’ Mutual Protection Society ety 首先於 首先於 1874 1874 年規則增列 “補償” 部份 年規則增列 “補償” 部份 (In(Indemnity Class)demnity Class) ,旨在承保船東對貨損之責任,,旨在承保船東對貨損之責任,PP&&I I Club Club 從此形成。 從此形成。

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December 2008December 2008 Taiwan Maritime Services LimitedTaiwan Maritime Services Limited 66

P&I Club chronology P&I Club chronology source from www.ukpandi.comsource from www.ukpandi.com

• 1818 世紀 – 世紀 – hull clubs (against Royal and London hull clubs (against Royal and London Assurance)Assurance)

• 1855 – 1855 – 人員傷亡與碰撞案件與日俱增人員傷亡與碰撞案件與日俱增 ,, 第一家第一家 prprotection clubotection club 成立 成立 (Britannia P&I (Britannia P&I 前身前身 ))

• 1874 – Indemnity Club1874 – Indemnity Club 成立 – 成立 – for cargo claims for cargo claims and others not covered by the protection club.and others not covered by the protection club.

• Now – 90%Now – 90% 以上市佔率以上市佔率 ,, 壓倒性優勢別於壓倒性優勢別於 fixed pfixed premium insurers.remium insurers.

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Group Reinsurance ProgrammeGroup Reinsurance Programme

Pooled - Overspill Pooled - Overspill US$2,050 ~ US$4,050 US$2,050 ~ US$4,050

Excess of Loss Excess of Loss Reinsurance Reinsurance * *

US$50m ~ US$2,050m US$50m ~ US$2,050m

Pooled Pooled US$6m ~ US$50m US$6m ~ US$50m

Retained Retained US$6m US$6m

*25% of US$50m ~ US$550 are Group Co-insured

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Chartered EntriesOwned Entries

Protection and Indemnity

US$ 1,000m

Collective Overspill Protection

One Reinstatement

Firs

t G

ener

al E

xces

sU

nlim

ited

Re

inst

ate

me

nts

Firs

t G

ener

al E

xces

sU

nlim

ited

Re

inst

ate

me

nts

US$ 20m

US$ 23m

US$ 7m

Upper Pool – Reinsured by Hydra

Third General ExcessUnlimited

Reinstatements Oil Pollution

Second General Excess

Unlimited Reinstatements

Lower Pool

US$ 35mPrimary Charterers RI

US$ 300m

Protection and Indemnityand Oil Pollution

International Group of P and I AssociationsGeneral Excess of Loss Reinsurance Contract Structure

Owned and Chartered Entries(including Overspill Protection, Hydra Participation, Pooling

and Individual Club Retentions)12 months at Noon GMT 20th February, 2007

Lower Pool

First General Excess

Unlimited Reinstatements

First General Excess

Unlimited Reinstatements

Coi

nsur

ance

25%

R

eins

ured

by

Hyd

ra

Coi

nsur

ance

25%

R

eins

ured

by

Hyd

ra

Second General Excess

Unlimited Reinstatements

Co

insu

ranc

e 2

5%

Re

insu

red

by H

ydra

Individual Club Retention

Lower Pool

Individual Club Retention

First General Excess

Unlimited Reinstatements

Lower Pool

Upper Pool – Reinsured by Hydra

Lower Pool

US$ 3,050m

US$ 2,050m

US$ 1,050m

US$ 550m

US$ 7m

US$ 30 mUS$ 50 m

US$ 1,000m

US$ 500m

US$ 500m

US$ 8m

US$ 7m US$ 7m

US$ 15m

US$ 50m

US$ 350m

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The ClubsThe ClubsClubClub Tonnage enteredTonnage entered S&P ratingS&P ratingAmerican American 19,400,00019,400,000 BBB-BBB-

Britannia Britannia 74,000,00074,000,000 Api (for the moment)Api (for the moment)Gard Gard 76,500,00076,500,000 AA

Japan P&IJapan P&I 56,380,00056,380,000 Not ratedNot rated

London ClubLondon Club 28,088,00028,088,000 BBBpiBBBpiNorth of EnglandNorth of England 40,000,00040,000,000 A-A-

ShipownersShipowners 9,483,0009,483,000 ApiApiSkuldSkuld 25,800,00025,800,000 BB+BB+

StandardStandard 46,788,00046,788,000 AA

SteamshipSteamship 38,000,00038,000,000 BbpiBbpiSwedishSwedish 14,600,00014,600,000 BBB-BBB-

UK ClubUK Club 97,600,00097,600,000 AA

West of EnglandWest of England 33,000,00033,000,000 BBBpiBBBpi

tester
tester
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P&I P&I 的承保範圍的承保範圍

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Taiwan Maritime Services LimitedTaiwan Maritime Services Limited 1111December 2008December 2008

一 . 船員 ( 僱傭契約 / 相關法律 ) 受傷 , 死亡 , 相關費用

ILLNESS, INJURY, DEATH, MEDICAL EXAMINATION ILLNESS, INJURY, DEATH, MEDICAL EXAMINATION ii Liability to pay damages or compensation for Liability to pay damages or compensation for personal injury, personal injury,

illness or death of any seamanillness or death of any seaman whether or not on board a vessel whether or not on board a vessel and hospital, and hospital, medical, funeral or other expensesmedical, funeral or other expenses incurred in incurred in

relation to such injury, illness or death. relation to such injury, illness or death. iiii Liability to pay expenses incurred in Liability to pay expenses incurred in medical examinationmedical examination of of

seamen prior to engagement. seamen prior to engagement.

BB REPATRIATION AND SUBSTITUTES' EXPENSES REPATRIATION AND SUBSTITUTES' EXPENSESii The The expense of repatriating a seamanexpense of repatriating a seaman of the insured vessel of the insured vessel

who has been ill or injured or has died or whose repatriation has who has been ill or injured or has died or whose repatriation has been necessitated by a casualty to the insured vessel.been necessitated by a casualty to the insured vessel.

iiii The expense of repatriating a seaman who has been left The expense of repatriating a seaman who has been left ashore when there is a ashore when there is a statutory obligationstatutory obligation to do so. to do so.

iiiiii The The expense of substituting a seamanexpense of substituting a seaman who has been ill, who has been ill, injured or has died. injured or has died.

iviv The expense of substituting a seaman who has been left The expense of substituting a seaman who has been left ashore or been repatriated as a result of illness, injury or ashore or been repatriated as a result of illness, injury or

statutory obligation. statutory obligation.

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二二 . . 其他第三者部分 其他第三者部分 (( 旅客旅客 // 貨物貨物裝卸承包商裝卸承包商 // 他船船員他船船員 // 其他第三其他第三人人 ))• Liabilities in respect of persons other than Liabilities in respect of persons other than

seamen or passengersseamen or passengers

AA ILLNESS, INJURY OR DEATH ILLNESS, INJURY OR DEATH Liability to pay damages or compensation for Liability to pay damages or compensation for personal injury, illness or death of any person and personal injury, illness or death of any person and hospital, medical or funeral or other expenses hospital, medical or funeral or other expenses incurred in relation to such injury, illness or incurred in relation to such injury, illness or deathdeath. .

BB LOSS OF OR DAMAGE TO EFFECTS LOSS OF OR DAMAGE TO EFFECTS Liability to pay damages or compensation for Liability to pay damages or compensation for loss loss of or damage to the effects of any personof or damage to the effects of any person on on board an insured vessel. board an insured vessel.

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三三 . . 海上偷渡客海上偷渡客 ,, 難民難民

• Liabilities and expenses in relation to deserters, stLiabilities and expenses in relation to deserters, stowaways and refugeesowaways and refugees

Liabilities and expenses, other than those covered unLiabilities and expenses, other than those covered under Section 4 of this Rule, incurred by the Member in dder Section 4 of this Rule, incurred by the Member in discharging his obligations towards or making necessarischarging his obligations towards or making necessary arrangements for y arrangements for deserters (deserters ( 流亡者流亡者 ), stowaways an), stowaways and refugeesd refugees or persons saved at sea, including or persons saved at sea, including rescue erescue expensesxpenses, but only if and to the extent that the Member , but only if and to the extent that the Member is legally liable for the expenses or they are incurred wis legally liable for the expenses or they are incurred with the agreement of the Managers. ith the agreement of the Managers.

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四 . 貨物

毀損 / 短少 (Damage/Shortage) 滅失 (Loss) 處理殘貨 (Handling of Damaged Cargo)延遲 (Delay) 除外情況 (Exceptions) – HV 4.2/ 海商 69無正本提單放貨 (delivery w/o production of B/L) 運送契約劣於海牙 (威示比 ) 規則

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•Cargo liabilitiesCargo liabilities

• LOSS, SHORTAGE, DAMAGE OR OTHER RESPONSIBILITYLOSS, SHORTAGE, DAMAGE OR OTHER RESPONSIBILITYLiability for Liability for loss, shortage, damage or other responsibilityloss, shortage, damage or other responsibility arising arising out of any breach by the Member or by any person for whose acts,out of any breach by the Member or by any person for whose acts, neglect or default he may be legally liable, of his obligation prop neglect or default he may be legally liable, of his obligation properly to load, handle, stow, carry, keep, care for, discharge or deliverly to load, handle, stow, carry, keep, care for, discharge or deliver the cargo or out of er the cargo or out of unseaworthinessunseaworthiness or unfitness of the insure or unfitness of the insured vessel. d vessel.

DISPOSING OF DAMAGED CARGO DISPOSING OF DAMAGED CARGO The The additional costs and expensesadditional costs and expenses, over and above those which , over and above those which would have been incurred by him in any event under the contracwould have been incurred by him in any event under the contract of carriage, incurred by the Member t of carriage, incurred by the Member in discharging or disposing in discharging or disposing of damaged or worthless cargoof damaged or worthless cargo, but only if and to the extent that , but only if and to the extent that the Member is unable to recover those costs from any other partthe Member is unable to recover those costs from any other party. y.

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Cargo Liability - continuedCargo Liability - continued

• HAGUE AND HAGUE-VISBY RULES HAGUE AND HAGUE-VISBY RULES

Unless the Member has previously obtained appropriate special Unless the Member has previously obtained appropriate special cover by agreement with the Managers or the Board in its discreticover by agreement with the Managers or the Board in its discretion otherwise determines, there shall be on otherwise determines, there shall be no recoveryno recovery from the Ass from the Association in respect of liabilities which would not have been incurrociation in respect of liabilities which would not have been incurred or sums which would not have been payable by the Member if ed or sums which would not have been payable by the Member if the cargo had been carried the cargo had been carried on terms no less favourable to the Meon terms no less favourable to the Member than those laid down in the Hague or Hague-Visby Rulesmber than those laid down in the Hague or Hague-Visby Rules, sa, save where the contract of carriage is on terms less favourable to tve where the contract of carriage is on terms less favourable to the Member than those laid down in the Hague or Hague-Visby Ruhe Member than those laid down in the Hague or Hague-Visby Rules solely because of the relevant terms of carriage being of manles solely because of the relevant terms of carriage being of mandatory application datory application

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Cargo Liability - continuedCargo Liability - continued

Unless the Board in its discretion shall Unless the Board in its discretion shall otherwise determine, there shall be no right of otherwise determine, there shall be no right of recovery from the Association in respect of recovery from the Association in respect of any liabilities, costs and expenses arising any liabilities, costs and expenses arising from: from:

- delivery of cargo carried under a negotiable - delivery of cargo carried under a negotiable bill of lading bill of lading without production ofwithout production of that bill of that bill of lading by the person to whom delivery is lading by the person to whom delivery is made. made.

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Discretionary Claim - Discretionary Claim -

Unless and to the extent that the Directors shall in Unless and to the extent that the Directors shall in their absolute their absolute discretiondiscretion otherwise determine (and otherwise determine (and in any event only if they are satisfied that the in any event only if they are satisfied that the Member took such steps as appear to those Member took such steps as appear to those Directors to be reasonable to avoid the event or Directors to be reasonable to avoid the event or circumstances giving rise to such liabilities, costs circumstances giving rise to such liabilities, costs and expenses), there shall be no recovery from the and expenses), there shall be no recovery from the Club under:Club under:

• the failure to arrive or the failure to arrive or late arrivallate arrival of an of an entered ship at any port of loading entered ship at any port of loading

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A Qualified Claim - A Qualified Claim - DocumentedDocumented

• 1. Bill of lading – evidence of contract1. Bill of lading – evidence of contract• 2. Packing list/Commercial invoice – evi2. Packing list/Commercial invoice – evi

dence of claim amount and cargo valuedence of claim amount and cargo value• 3. Cargo survey report – proof of fault on 3. Cargo survey report – proof of fault on

the part of carrierthe part of carrier• 4. Rightful claimant – eg: subrogation let4. Rightful claimant – eg: subrogation let

ter (The quantum)ter (The quantum)

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五 . 碰撞 - 他船損失 / 除外部份 - 船體保單碰撞險不保 / 本船人員及財物損失

• Collision with other vesselsCollision with other vessels (P&I (P&I 保保 1/4 1/4 RDCRDC 為前提為前提 ))

AA CONTACT WITH OTHER VESSELS OR CARGO OR PROPERTY ON OTHER VESSELS CONTACT WITH OTHER VESSELS OR CARGO OR PROPERTY ON OTHER VESSELS One fourth, or such other proportion as may have been agreed by the Managers in writing, of One fourth, or such other proportion as may have been agreed by the Managers in writing, of the liabilities arising out of the collision other than the liabilities identified in paragraph B of tthe liabilities arising out of the collision other than the liabilities identified in paragraph B of this Section. his Section.

BB OTHER LIABILITIES ( OTHER LIABILITIES (4/4 full liability4/4 full liability – viz. RDC – viz. RDC 除外除外 ))Liability arising out of the collision for or relating to: Liability arising out of the collision for or relating to: ii the raising, removal, disposal, destruction, lighting or marking of obstructions, wrecks, carg the raising, removal, disposal, destruction, lighting or marking of obstructions, wrecks, cargoes, or any other thing;oes, or any other thing;iiii any real or personal property or thing whatsoever (except other vessels or property on othe any real or personal property or thing whatsoever (except other vessels or property on other vessels); r vessels); iiiiii pollution or contamination of any real or personal property except other vessels with whic pollution or contamination of any real or personal property except other vessels with which the insured vessel is in collision and property on such other vessels; h the insured vessel is in collision and property on such other vessels; iviv the cargo or other property on the insured vessel, or general average contributions, specia the cargo or other property on the insured vessel, or general average contributions, special charges or salvage paid by the owners of that cargo or property; l charges or salvage paid by the owners of that cargo or property; vv loss of life, personal injury or illness. loss of life, personal injury or illness.

• (ii & iv (ii & iv 為 為 P&I P&I 保險的精神保險的精神 ))

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Rules of the RoadRules of the Road

• i. Head Oni. Head On

• ii. Crossingii. Crossing

• iii. Overtakingiii. Overtaking

• Lights & Signals (Part C)Lights & Signals (Part C)

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• Rule 14 – Head on situationRule 14 – Head on situation

• a. When two power-driven vessels are meeting on a. When two power-driven vessels are meeting on reciprocal or nearly reciprocal coursesreciprocal or nearly reciprocal courses so as to so as to involve risk of collision, each shall involve risk of collision, each shall alter her course alter her course to starboardto starboard so as to each shall pass on the port so as to each shall pass on the port side of the other.side of the other.

• b. Such a situation shall be deemed to exist when a b. Such a situation shall be deemed to exist when a vessel sees the other ahead or nearly ahead and vessel sees the other ahead or nearly ahead and by by night she could see the masthead lightsnight she could see the masthead lights of the of the other in line or nearly in a line and/or other in line or nearly in a line and/or both both sidelightssidelights and and by day she observes the by day she observes the corresponding aspectcorresponding aspect of the other vessel. of the other vessel.

• c. Then a vessel is in any doubt as to whether such c. Then a vessel is in any doubt as to whether such a situation exists a situation exists she shall assume that it does she shall assume that it does exist and actexist and act accordingly. accordingly.

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• Rule 15 – Crossing situationRule 15 – Crossing situation

• When two power-driven vessel s are When two power-driven vessel s are crossing so as to involve risk of crossing so as to involve risk of collision, the vessel which collision, the vessel which has the has the other on her starboard sideother on her starboard side shall shall keep out of the way and shall, if the keep out of the way and shall, if the circumstances of the case admit, circumstances of the case admit, avoid crossing ahead of the other avoid crossing ahead of the other vessel. vessel.

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• Rule 13 – OvertakingRule 13 – Overtaking

• a. ……any vessel overtaking any other shall keep out of the way a. ……any vessel overtaking any other shall keep out of the way of the vessel being overtaken.of the vessel being overtaken.

• b. A vessel shall be deemed to be overtaking when coming up b. A vessel shall be deemed to be overtaking when coming up with another vessel from a direction with another vessel from a direction more than 22.5 degrees more than 22.5 degrees abaft her beam abaft her beam , that is, in such a position with reference to the , that is, in such a position with reference to the vessel she is overtaking, that at night she would be able to see vessel she is overtaking, that at night she would be able to see only the stern light of that vessel but neither of her sidelights. only the stern light of that vessel but neither of her sidelights.

• c. When a vessel is in any doubt as to whether she is overtaking c. When a vessel is in any doubt as to whether she is overtaking another, she shall assume that this is the case and act another, she shall assume that this is the case and act accordingly.accordingly.

• d. Any subsequent alteration of bearing between the two vessels d. Any subsequent alteration of bearing between the two vessels shall not make the overtaking vessel a crossing vessel within the shall not make the overtaking vessel a crossing vessel within the meaning of these rules or relieve her of the duty of keeping clear meaning of these rules or relieve her of the duty of keeping clear of the overtaken vessel until she is finally past and clear.of the overtaken vessel until she is finally past and clear.

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2007.4 – Fu Wei

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六 . 固定 /浮動物體 (FFO) 損壞 - 損壞 / 滅失

• Loss of or damage to propertyLoss of or damage to property

Liability to pay damages or compensation for Liability to pay damages or compensation for any loss of or damage to any property, or for inany loss of or damage to any property, or for infringement of rights, whether on land or water fringement of rights, whether on land or water and whether fixed or moveable. and whether fixed or moveable.

• 北歐北歐 //德國保單 德國保單 & ITC& ITC

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CE Express – 2007.4

CE Express – 2007.4

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七 . 污染 - 船上油或其他有害物質外洩相關費用

• PollutionPollution

- - Liability for loss, damage or contamination. ( Liability for loss, damage or contamination. ( 損害損害 ) )

- - Any loss, damage or expense which the Member incurs, or for which he is liable, Any loss, damage or expense which the Member incurs, or for which he is liable, as a party to any agreement approved by the Board, including the costs and expeas a party to any agreement approved by the Board, including the costs and expenses incurred by the Member in performing his obligations under such agreementnses incurred by the Member in performing his obligations under such agreements. (s. (清理清理 ))

-- The costs of any measures reasonably taken for the purpose of avoiding or mini The costs of any measures reasonably taken for the purpose of avoiding or minimising pollution or any resulting loss or damage together with any liability for losmising pollution or any resulting loss or damage together with any liability for loss or damage to property caused by measures so taken. (s or damage to property caused by measures so taken. ( 減輕減輕 ))

- - The costs of any measures reasonably taken to prevent an imminent danger of tThe costs of any measures reasonably taken to prevent an imminent danger of the discharge or escape from the insured vessel of oil or any other substance. (he discharge or escape from the insured vessel of oil or any other substance. ( 預預防防 ) )

- - The costs or liabilities incurred as a result of compliance with any order or directThe costs or liabilities incurred as a result of compliance with any order or direction given by any government or authority for the purpose of preventing or reduciion given by any government or authority for the purpose of preventing or reducing pollution or the risk of pollution, provided always that such costs or liabilities ng pollution or the risk of pollution, provided always that such costs or liabilities are not recoverable under the hull policies of the insured vessel. (are not recoverable under the hull policies of the insured vessel. ( 有關當局規定有關當局規定 ))

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Tzini – 2006.12

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Surf WashingSurf Washing

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八 . 障礙物殘骸移除 - 依法要求浮起 /移除 /破壞 /標誌等費用

• Wreck liabilitiesWreck liabilities

- Liabilities and expenses relating to the raising, removal, destruction, lighting or mark- Liabilities and expenses relating to the raising, removal, destruction, lighting or marking of the wreck of the insured vessel and of any cargo or other property which is or waing of the wreck of the insured vessel and of any cargo or other property which is or was carried on board such wreck, when such raising, removal, destruction, lighting or mars carried on board such wreck, when such raising, removal, destruction, lighting or marking is compulsory by law or the costs thereof are legally recoverable from the Member.king is compulsory by law or the costs thereof are legally recoverable from the Member. ( (依當局要求依當局要求 //依法移除 – 商港法依法移除 – 商港法 ) )

- - Liabilities and expenses incurred by the Member as the result of any such raising, re Liabilities and expenses incurred by the Member as the result of any such raising, removal, destruction, lighting or marking of the wreck of the insured vessel or of such carmoval, destruction, lighting or marking of the wreck of the insured vessel or of such cargo or other property or any attempt thereat. (go or other property or any attempt thereat. ( 移除中產生的責任移除中產生的責任 ) )

- - Liabilities and expenses incurred by the Member as the result of the presence or invol Liabilities and expenses incurred by the Member as the result of the presence or involuntary shifting of the wreck of the insured vessel or any cargo or other property which iuntary shifting of the wreck of the insured vessel or any cargo or other property which is or was carried on board such wreck or as a result of his failure to raise, remove, destrs or was carried on board such wreck or as a result of his failure to raise, remove, destroy, light or mark such wreck or such cargo or other property. (oy, light or mark such wreck or such cargo or other property. ( 移除失敗產生的責任移除失敗產生的責任 ))

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Samho Brother – 2005.10

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Royal Pacific – 2005.6

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Chain Cut Through

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九 . 救助 - 救助獎勵金(’80 合理費用 – ’ 95特別補償 – 2000 Scopic clause)• Special compensation to salvorsSpecial compensation to salvors

AA Liability of the Member to Liability of the Member to reimburse reimburse a salvor of the insured vessel for his "a salvor of the insured vessel for his "reasoreasonably incurred expensesnably incurred expenses" (together with any increment awarded thereon) under t" (together with any increment awarded thereon) under the exception to the principle of "no cure - no pay" contained in Clause 1(a) of the he exception to the principle of "no cure - no pay" contained in Clause 1(a) of the Lloyd's Standard Form of Salvage Agreement 1980 (LOF 1980). Lloyd's Standard Form of Salvage Agreement 1980 (LOF 1980).

• B B Liability of the Member to pay to a salvor of the insured vessel "Liability of the Member to pay to a salvor of the insured vessel "special compenspecial compensationsation" within the meaning of Article 14 of the International Convention on Salva" within the meaning of Article 14 of the International Convention on Salvage 1989 as incorporated by Clause 2 of Lloyd's Standard Form of Salvage Agreemge 1989 as incorporated by Clause 2 of Lloyd's Standard Form of Salvage Agreement 1990 (LOF 1990) and as included in Lloyd's Standard Form of Salvage Agreement 1990 (LOF 1990) and as included in Lloyd's Standard Form of Salvage Agreement 1995 (LOF 1995), for operations to prevent or minimise damage to the environent 1995 (LOF 1995), for operations to prevent or minimise damage to the environment. ment.

CC Liability of the Member to pay to a salvor of the insured vessel " Liability of the Member to pay to a salvor of the insured vessel "Scopic RemunerScopic Remunerationation" within the meaning of the Scopic Clause as supplementary to Lloyd's Stan" within the meaning of the Scopic Clause as supplementary to Lloyd's Standard Form of Salvage Agreement 1995 (LOF 1995) or as incorporated into Lloyd's dard Form of Salvage Agreement 1995 (LOF 1995) or as incorporated into Lloyd's Standard Form of Salvage Agreement 2000 (LOF 2000).Standard Form of Salvage Agreement 2000 (LOF 2000).

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十 . 拖救 - 一般進出港拖帶而生責任

• TowageTowage

CUSTOMARY TOWAGE OF AN INSURED VESSELCUSTOMARY TOWAGE OF AN INSURED VESSELLiability under the terms of a contract for the customaLiability under the terms of a contract for the customary towage of an insured vessel, that is to say: ry towage of an insured vessel, that is to say: ii towage for the purpose of entering or leaving port or towage for the purpose of entering or leaving port or manoeuvring within the port during the ordinary courmanoeuvring within the port during the ordinary course of trading; or se of trading; or iiii towage of such insured vessels as are habitually tow towage of such insured vessels as are habitually towed in the ordinary course of trading from port to port ed in the ordinary course of trading from port to port or from place to place. or from place to place.

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十一十一 . . 檢疫費用檢疫費用

• Quarantine expensesQuarantine expenses

Additional expenses incurred by the Additional expenses incurred by the Member as a direct consequence of an Member as a direct consequence of an outbreak of infectious disease, including outbreak of infectious disease, including quarantine and disinfection expenses and quarantine and disinfection expenses and the net loss to the Member (over and the net loss to the Member (over and above such expenses as would have been above such expenses as would have been incurred but for the outbreak) in respect of incurred but for the outbreak) in respect of fuel, insurance, wages, stores, provisions fuel, insurance, wages, stores, provisions and port chargesand port charges. .

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十三 .罰金貨物申報 /油或危險物質意外外洩 /違反移民法規 /貨物走私或違反海關規定

• FinesFines

Fines as set out in paragraphs A to D below when and to the extent that they are iFines as set out in paragraphs A to D below when and to the extent that they are imposed in respect of an insured vessel by any competent court, tribunal or authomposed in respect of an insured vessel by any competent court, tribunal or authority and are imposed upon the Member or upon any seaman whom the Member rity and are imposed upon the Member or upon any seaman whom the Member may be legally liable to reimburse or reasonably reimburses with the agreement may be legally liable to reimburse or reasonably reimburses with the agreement of the Managers. of the Managers.

AA For short or over delivery of cargo, or failure to comply with regulations relating For short or over delivery of cargo, or failure to comply with regulations relating to the declaration of goods, or documentation of cargo, provided that the Membeto the declaration of goods, or documentation of cargo, provided that the Member is covered by the Association for cargo liabilities under Rule 2 Section 14 and sur is covered by the Association for cargo liabilities under Rule 2 Section 14 and subject to the provisions of that Rule.bject to the provisions of that Rule.

BB For breach of any immigration law or regulation. For breach of any immigration law or regulation.

CC In respect of accidental escape or discharge of oil or other substance from the i In respect of accidental escape or discharge of oil or other substance from the insured vessel.nsured vessel.

DD For smuggling by master or crew. For smuggling by master or crew.

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FDD (FDD ( 運費運費 ,,滯期費及抗辯費用滯期費及抗辯費用 ))

• FREIGHT, DEMURRAGE AND DEFENCE RISKS COVERFREIGHT, DEMURRAGE AND DEFENCE RISKS COVER11 The Managers may accept the entry of a vessel for freight, dem The Managers may accept the entry of a vessel for freight, demurrage and defence cover in accordance with this Rule, but no suurrage and defence cover in accordance with this Rule, but no such cover shall be afforded to a Member without ch cover shall be afforded to a Member without the agreement of the agreement of the Managers in writingthe Managers in writing..22 Save as otherwise provided cover in accordance with this Rule i Save as otherwise provided cover in accordance with this Rule is subject to the claims procedures, s subject to the claims procedures, limitations (US$5m)limitations (US$5m) and excl and exclusions set out in Parts IV and V and in the remainder of these Rulusions set out in Parts IV and V and in the remainder of these Rules. es.

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FDD - continuedFDD - continued

• to a right of recovery from the Association to a right of recovery from the Association of the costs and expenses incurred of the costs and expenses incurred in in obtaining adviceobtaining advice in connection with any of in connection with any of the claims, disputes or proceedings;the claims, disputes or proceedings;

• to a right of recovery from the Association to a right of recovery from the Association of the costs and expenses of or of the costs and expenses of or incidental incidental toto such claims, disputes or proceedings such claims, disputes or proceedings including costs which the Member may including costs which the Member may become liable to pay to any other party to become liable to pay to any other party to such claims, disputes or proceedings. such claims, disputes or proceedings.

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• 爭議涵蓋範圍爭議涵蓋範圍

• -- in respect of the in respect of the loss of, damage to or detention of an insured vesselloss of, damage to or detention of an insured vessel;;

• -- in respect of the in respect of the supply of inferior, unsatisfactory or unsuitable fuel, msupply of inferior, unsatisfactory or unsuitable fuel, materials or equipment, or other necessariesaterials or equipment, or other necessaries;;

• - for - for negligent or improper repairnegligent or improper repair of or alteration to an insured vessel; of or alteration to an insured vessel;

• - in respect of - in respect of improper loading, lightering, stowage, trimming or dischaimproper loading, lightering, stowage, trimming or discharge of cargorge of cargo;;

•-- in respect of and in connection in respect of and in connection with charges, disbursements, accounts with charges, disbursements, accounts received from agents, stevedores, chandlers (groceries supplier), brokerreceived from agents, stevedores, chandlers (groceries supplier), brokers, customs, harbour or other authoritiess, customs, harbour or other authorities, or others connected with the ru, or others connected with the running, management and operation of an insured vessel;nning, management and operation of an insured vessel;

• -- in respect of in respect of amounts due from or to underwritersamounts due from or to underwriters and any other perso and any other persons and/or companies conducting the business of marine insurance, othens and/or companies conducting the business of marine insurance, other than amounts due to or from the Association;r than amounts due to or from the Association;

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FDD - continuedFDD - continued

- in respect of salvage or towage services rendered by - in respect of salvage or towage services rendered by an insured vessel except where the insured vessel is a an insured vessel except where the insured vessel is a salvage tug or other vessel used or intended to be salvage tug or other vessel used or intended to be used for salvage operations and the used for salvage operations and the claim arises as a claim arises as a result of or during any salvage operationsresult of or during any salvage operations or or attempted salvage operations;attempted salvage operations;

-- by or againstby or against passengers intended to be, being or passengers intended to be, being or having been carried on an insured vessel or their having been carried on an insured vessel or their personal representatives or dependants;personal representatives or dependants;

- - by or against by or against officers, crews, stowaways and other officers, crews, stowaways and other persons on or about an insured vessel;persons on or about an insured vessel;

-- in connection with the in connection with the building, purchase or sale of building, purchase or sale of an insured vesselan insured vessel; ;

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P&I P&I 承保與理賠的基本原則承保與理賠的基本原則• - P&I- P&I有別於一般有別於一般 Property insuranceProperty insurance 的賠償原則 – “的賠償原則 – “ PaPa

y to be paid” Rules.y to be paid” Rules.• ““Fanti” & “Padre Island” (House of Lord) – 1990 aFanti” & “Padre Island” (House of Lord) – 1990 a

gainst The Third Parties Act 1930 (Transfer of the Rightgainst The Third Parties Act 1930 (Transfer of the Rights against the Insurers)s against the Insurers)

• - Shipowners’ P&I Club Rule 16:- Shipowners’ P&I Club Rule 16:• RULE 16: PAYMENT FIRST BY THE MEMBERRULE 16: PAYMENT FIRST BY THE MEMBER• Unless the Board in its discretion otherwise decides, it Unless the Board in its discretion otherwise decides, it

is a condition precedent of a Member's right to recoveis a condition precedent of a Member's right to recover from the funds of the Association in respect of any liar from the funds of the Association in respect of any liabilities, costs or expenses that he shall first have dischbilities, costs or expenses that he shall first have discharged or paid the same.arged or paid the same.

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• - - 於船舶承保初期及承保期間於船舶承保初期及承保期間 ,, 船東應確定船東應確定各項文件齊備各項文件齊備 , , 以供以供 ClubClub 查驗查驗 ::

• 1. Class certificate -1. Class certificate -• a. Rectification after incident, viz. Collisia. Rectification after incident, viz. Collisi

onon• b. Outstanding recommendationsb. Outstanding recommendations• c. Change of Class – 14 days prior noticec. Change of Class – 14 days prior notice• 2. Flag state statutory requirements – 2. Flag state statutory requirements – 船船

體結構體結構 ,,機具機具 ,, 人員人員 ,,安全安全 ,etc.,etc.• 3. 3. 國際規章 – 國際規章 – ISM, ISPSISM, ISPS

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保險法第保險法第 9494 條條

• 保險人於第三人由被保險人應負責任事故保險人於第三人由被保險人應負責任事故所致之損失,未受賠償以前,不 得以賠償所致之損失,未受賠償以前,不 得以賠償金額之全部或一部給付被保險人。 被保險金額之全部或一部給付被保險人。 被保險人對第三人應負損失賠償責任確定時,第人對第三人應負損失賠償責任確定時,第三人得在保險金額範圍內 ,依其應得之比三人得在保險金額範圍內 ,依其應得之比例,直接向保險人請求給付賠償金額。 例,直接向保險人請求給付賠償金額。

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海洋污染防治法 海洋污染防治法 (( 民國 民國 89 89 年 年 11 11 月 月 01 01 日公布 日公布 ))

• 第 第 34 34 條 污染損害之賠償請求權人,得直接向責條 污染損害之賠償請求權人,得直接向責任保險人請求賠償或就擔保求償之任保險人請求賠償或就擔保求償之 ..

• 第 第 35 35 條 外國船舶因違反本法所生之損害賠償責條 外國船舶因違反本法所生之損害賠償責任,於未履行前或有不履行之虞者 ,港口管理機任,於未履行前或有不履行之虞者 ,港口管理機關得限制船舶及相關船員離境。但經提供擔保者,關得限制船舶及相關船員離境。但經提供擔保者,不在此限不在此限 ..

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- - 會員蓄意造成的損害會員蓄意造成的損害 ClubClub 不不保保

• RULE 30: LIABILITIES EXCLUDED IF AS A RESULT OF RULE 30: LIABILITIES EXCLUDED IF AS A RESULT OF WILFUL MISCONDUCTWILFUL MISCONDUCT

• There shall be no right of recovery of any claim from tThere shall be no right of recovery of any claim from the Association if it arises out of wilful misconduct on the Association if it arises out of wilful misconduct on the part of the Member (being an act intentionally donhe part of the Member (being an act intentionally done or a deliberate omission by the Member with knowlee or a deliberate omission by the Member with knowledge that the performance or omission will probably redge that the performance or omission will probably result in injury or loss, or an act done or omitted in such sult in injury or loss, or an act done or omitted in such a way as to allow an inference of a reckless disregard fa way as to allow an inference of a reckless disregard for the probable consequences).or the probable consequences).

• UNPRUDENT VENTUREUNPRUDENT VENTURE

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P&I Club P&I Club 擔保書 擔保書 - LOU- LOU

• Club’s Letter of UndertakingClub’s Letter of Undertaking功能 – 事故時為避免對造對船舶進行假扣押而出具 功能 – 事故時為避免對造對船舶進行假扣押而出具

之擔保書之擔保書

內容 – 避免扣船內容 – 避免扣船 // 擔保金額上限擔保金額上限 // 無承認條款無承認條款 //管轄管轄權權

國內各單位 國內各單位 ((公公 ,, 民民 ) ) 接受度接受度

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擔保書標準格式擔保書標準格式 //文字文字

IN CONSIDERATION OF YOUR IN CONSIDERATION OF YOUR REFRANING FROM ARRESTING OR OTHERWISE DETAININGREFRANING FROM ARRESTING OR OTHERWISE DETAINING THE “XX THE “XXXXXX” OR ANY OTHER VESSEL OR PROPERTY IN THE SAME OR ASSOCIATED OWNERSHIP, MANAGXXXX” OR ANY OTHER VESSEL OR PROPERTY IN THE SAME OR ASSOCIATED OWNERSHIP, MANAGEMENT, POSSESSION OR CONTROL IN CONNECTION WITH YOUR CLAIM ARISING OUT OF THE ABOEMENT, POSSESSION OR CONTROL IN CONNECTION WITH YOUR CLAIM ARISING OUT OF THE ABOVE INCIDENT. WE HEREBY CONFIRM THAT WE ARE INFORMED BY THE OWNERS OF THE “XXXXXXVE INCIDENT. WE HEREBY CONFIRM THAT WE ARE INFORMED BY THE OWNERS OF THE “XXXXXX” THAT THE SAID SHIP WAS NOT DEMISE CHARTERED AT THE MATERIAL TIME(S) AND THE OWNE” THAT THE SAID SHIP WAS NOT DEMISE CHARTERED AT THE MATERIAL TIME(S) AND THE OWNERS ARE AGREEABLE THAT THE QUESTIN OF LIABILITY AND ASSESSEMENT OF LOSS AND DAMAGE RS ARE AGREEABLE THAT THE QUESTIN OF LIABILITY AND ASSESSEMENT OF LOSS AND DAMAGE SHALL BE SUBMITTED TO SHALL BE SUBMITTED TO THE TAIWANESE COURT(S)THE TAIWANESE COURT(S) AND WE HEREBY UNDERTAKE ON BEHALF O AND WE HEREBY UNDERTAKE ON BEHALF OF THE OWNERS TO PAY TO YOU THE SUM, IF ANY, WHICH F THE OWNERS TO PAY TO YOU THE SUM, IF ANY, WHICH MAY BE AGREED TO BY AMICABLE SETTLMAY BE AGREED TO BY AMICABLE SETTLEMENT BETWEEN YOU AND THE OWNERS OR WHICH MAY BE AWARDED AS A FINAL CONCLUSIVE JEMENT BETWEEN YOU AND THE OWNERS OR WHICH MAY BE AWARDED AS A FINAL CONCLUSIVE JUDGMENT BY THE ABOVE COURT(S)UDGMENT BY THE ABOVE COURT(S) AFTER APPEALS, IF ANY, TO BE DUE AND PAYABLE TO YOU FR AFTER APPEALS, IF ANY, TO BE DUE AND PAYABLE TO YOU FROM THE OWNERS IN RESPECT OF THE AFORESAID INCIDENT PROVIDED, HOWEVER, THAT OUR TOOM THE OWNERS IN RESPECT OF THE AFORESAID INCIDENT PROVIDED, HOWEVER, THAT OUR TOTAL LIABILITY HEREUNDER SHALL TAL LIABILITY HEREUNDER SHALL NOT EXCEED USDXXXXXXNOT EXCEED USDXXXXXX INCLUSIVE OF INTEREST AND COSTS INCLUSIVE OF INTEREST AND COSTS AND IN THE EVENT THAT THE OWNERS ARE ENTITLED TO LIMIT THEIR LIABILITY FOR DAMAGES AAND IN THE EVENT THAT THE OWNERS ARE ENTITLED TO LIMIT THEIR LIABILITY FOR DAMAGES AND LOSSES ARISING OUT OF SAID INCIDENT UNDER APPLICABLE LAW, OUR LIABILITY HEREUNDEND LOSSES ARISING OUT OF SAID INCIDENT UNDER APPLICABLE LAW, OUR LIABILITY HEREUNDER SHALL NOT EXCEED THE PROPORTION OF THE LIMITATION FUND TO WHICH YOU MAY BE ENTITR SHALL NOT EXCEED THE PROPORTION OF THE LIMITATION FUND TO WHICH YOU MAY BE ENTITLED UNDER THE LAW.LED UNDER THE LAW.THIS UNDERTAKING IS GIVEN WHOLLY THIS UNDERTAKING IS GIVEN WHOLLY WITHOUT PREJUDICE TO ALL DEFENCES AND RIGHTS INCLWITHOUT PREJUDICE TO ALL DEFENCES AND RIGHTS INCLUDING THE LIMITATION RIGHT UNDER APPLICABLE LAW AVAILABLE TO THE OWNERSUDING THE LIMITATION RIGHT UNDER APPLICABLE LAW AVAILABLE TO THE OWNERS. IN RESPEC. IN RESPECT OF SAID INCIDENT AND IS NOT TO BE CONSTRUED AS ANY ADMISSION OF ANY LIABILITY.T OF SAID INCIDENT AND IS NOT TO BE CONSTRUED AS ANY ADMISSION OF ANY LIABILITY.

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案例案例

1.1. M/V “Manila Spirit” (2000)M/V “Manila Spirit” (2000)2.2. M/T “Samho Brother” (2005)M/T “Samho Brother” (2005)3.3. M/T “Tzini” Oil Pollution (2006)M/T “Tzini” Oil Pollution (2006)4.4. M/V “CE Express” Damage to WM/V “CE Express” Damage to W

harf, Vessel and Personal Injury (2harf, Vessel and Personal Injury (2007)007)

5.5. M/V “Morning Sun” (2008)M/V “Morning Sun” (2008)

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