Insurance Against Breakage 破碎险
S: Good afternoon, Mr. Li. I was to come at 4 o\’clock, wasn\’t I?
史：李先生，午安。我应该在四点钟到，对吗？
Li: Yes, Mr. Smith, we have been expecting you. (Li introduces Mr. Bai to Mr. Smith.)Mr. Smith, this is Mr. Bai of the People\’s Insurance Company of China. He has come to explain that unfortunate affair about the insurance.
李：是的，史密斯先生。我们一直盼着你。（李向史密斯先生介绍白先生）史密斯先生，这是中国人民保险公司白先生。他是来解释这件保险的不幸事件。
S: Thank you for coming. Mr. Li, as you may recall, the February consignment arrived at Manila seriously damaged. The loss through breakage was over 30% of the consignment. We\’ve presented a claim to the underwriters through your firm, but the insurance company refused to admit liability, as there was no insurance against breakage. We naturally were not satisfied with such a reply.
史：谢谢你来了。李先生，你也许记得，这批二月份发运的货，到马尼拉时，破损严重。损失超过这批货的百分之三十。我们已通过你公司向保险公司提出索赔，但保险公司拒绝负责，因为没有投保破碎险。我们当然对这种回答是不满意的。
L: I should like to hear what Mr. Bai has to say about it. You know of course that we, the sellers, are merely acting as mediators in this matter. The underwriters are responsible for the claim, as far as it is within the scope of cover.
李：我想听听白先生有什么看法。当然，你是知道的，我们卖方对这件事只是个调解人。只要在保险责任范围内，保险公司就应负赔偿责任。
B: That\’s just the point, gentlemen. The loss in question was beyond the coverage granted by us. According to your instructions, we made out an insurance certificate covering W.P., and the risk of breakage wasn\’t mentioned in it. We rang up the Ceramics Section of the Light Industrial Products Corporation but were told that their customer had not asked for a cover of the risk of breakage.
白：先生们，问题就在于这一点上。你说的损失并不包括在我方承保的责任范围之内。根据你方要求，我们出具了承保水渍险的保险凭证，但没提破碎险。我们曾经打电话给轻工业品公司陶瓷器部，但他们说客户并未要求承保破碎险。
L: In the letter of credit only a cover for "all marine risks" was requested. I should like to point out that our prices were calculated without insurance of any special risk. So we applied for the usual W.P.A. cover, and let our customers deal with the matter of breakage. Since the validity of the letter of credit was to expire in two days, there was no time to write for more detailed instructions. If the letter of credit had been valid for a longer period, we should have had time to make the matter thoroughly clear.
李；信用证只要求投保"综合海运险"。我想要指出的是，我们的价格没把任何特殊险计算在内。所以，我们只投保了通常的水渍险，而让我们客户自行办理破碎险事宜。由于信用证两天内就要到期，来不及写信要求做出更详细的说明。如果信用证有效期较长的话，我们就会有时间把事情彻底弄清楚。
S: Mr. Li, our import license was only running up to the middle of February, consequently we were not able to extend the validity of the letter of credit. But we presume that the wording of our L/C implies covering the risk of breakage. Besides, when I take a W.P.A. insurance, that is, with particular average, I should think the risk of breakage is included. Breakage is particular average, isn\’t it?
史：李先生，我们进口许可证的有效期到二月中截止，因此，我们无法延长信用证有效期。但是，我方认为信用证的措词包含了要投保破碎险。此外，当我投保水渍险时，那就是with Particular Average,认为是包括破碎险。破损，对吗？
B: Not every breakage is a particular average. It is a particular average when the breakage is resultant from natural calamities and maritime accidents, such as stranding and sinking of the carrying vessel, or is attributable to fire, explosion or collision. Without the occurrence of any such fortuities, breakage is often considered as an ordinary loss and represents what we call "inherent vice or nature of the subject matter insured", which is outside the scope of the cover.
白：并不是所有的破碎险都属于单独海损。只意外事故所造成的破 没，或归因于着火，爆炸或碰撞所引起的破损才算属于单独海损。如果没发生上述事故，破碎险便认为最普通损失，也就是我们所说的由于"投保货物内在缺陷或特性"所引起的损失，
它不属于承保范围之内。
S: But the risk of breakage is covered by marine insurance, isn\’t it?
史：但破碎险是包括在海洋运输货物险之内的，对吗？
B: Certainly, but it is a usual practice to make specific mention in the insurance policy or certificate that the risk of breakage is included. The inclusion of this special risk will be subject to an additional premium, which will normally be higher than the basic insurance for the ordinary marine risks. The rate for such kind of risk will vary according to the kind, or, as in ceramics, according to the fragility of the goods. I think you know all about it.
白：当然，可是按照惯例要在保险单或保险凭证上特加注明破碎险包括在内。包括这种特殊险就必须加付保险费；这种保险费一般比通常的海洋货物运输险的基本险为 这类险别的保费率将根据货物种类，比如陶瓷器，就根据货物的易脆性而有所不同。我想这一切你都知道的。
S: Well, I have heard something about it, but I can\’t say that it is very clear to me.
史：哦，我听说过，但我不能说我对保险条款很清楚了。
B: Then let me explain this insurance.……
白：那我来解释一下这种保险……。
L: Mr Smith, would you care for a cup of tea? Or a cigarette?
李：史密斯先生，想喝杯茶吗？还是抽支烟呢？
S: A cup of tea, thank you. Let me hear more about it.
史：谢谢，来杯茶吧。有关这种保险，还请你多多指教。
--------------------------------------------------------------------------------
W.P.A.-F.P.A. 水渍险与平安险
B: you see, Mr Smith, the situation would be somewhat different if you had put in your letter of credit the words "all risks" instead of "all marine risks". Under an "all risks" cover, loss by breakage would have been recoverable, because, though by the word"risks"is meant that any loss occurring must be due to some fortuitous happening and through external cause, when a loss does arise in transit it will be often rather difficult to distinguish between accidental and ordinary loss, especially as far as breakage or leakage is concerned, In such cases, ordinary loss will quite possibly be included in a claim and met by the insurer.
白：史密斯先生，你知道，如果你在信用证上注明"一切险"而不是"一切海洋运输货
物险"，情况就有所不同了。按"一切险"投保，破碎损失就能得到赔偿，因为虽然这个"险"字是指：必须由于某些偶然事故与外部原因所造成的损失，但当货物在运输途中发生损失时，常常很难区分是意外的或是普通的损失，特别是有关破碎或渗漏。在这种情况下，普通损失很可能就包括在索赔之列而得到承保方的理赔。
S: Then "all marine risks"means less than "all risks"?
B: The English understand by "Marine risks"only risks incident to transport by sea, such as collision, standing, fire, penetration of sea water into the holds of the ships, etc. In other words, under the "all marine risks",losses recoverable will only be confined to those arising from perils of the sea and maritime accidents, whereas the "all risks"cover will admit all losses occurring at any time throughout the whole currency of the cover, irrespective of whether they are caused by accidents at sea or on land. In this sense,"all marine risks"provides a more limited cover than "all risks". In insurance parlance, the term"all marine risks"is liable to be misinterpreted and its use should be avoided in letters of credit. Now let us turn to loses through "inherent vice or nature of the subject matter insured",such as deterioration of food, leakage of liquid and breakage of glass or ceramics. These are not considered marine risks. Risks of this kind must be specifically applied for and explicitly accepted by the insurer.
史：那么"一切海洋运输货物险"是否意味着比"一切险"范围狭一些呢？
白：英国人对"海洋运输货物险"只理解为海运中的意外风险，诸如船舶碰撞，搁浅，
起火，海水进入船舱等。换句话说，以"一切海洋运输货物险"投保，其损失的 赔偿只限于因海上灾难和海运意外事故所引起的损失，而保"一切险"，在整个承保期内的任何时间，不论在海上或陆上所产生的意外事故，其全部损失都予以赔偿。在这个含义上"一切海洋运输货物险"比"一切险"所承保的责任范围更为有限。按保险的说法，"一切海洋运输货物险"条款容易被误解，应避免在信用证中使用。现在我来谈谈因"货物内在缺陷或特性"，诸如：由于物品变质，液体渗漏以及玻璃或陶瓷器破碎所引起的损失。这些都不认为是海洋运输货物险。这类特殊险别必须特别投保并须得到承保方明确接受。
S: That seems clear enough, now that you have explained it. but what I don\’t understand at this moment is the advantage of W.P.A.cover. I thought that the W.P.A. insurance should cover all principal risks whilst, according to what you say, this W.P.A. cover means very little. It seems to be a phrase without much substance. Just what is the difference between W.P.A. and F.P.A.?
史：现在经你这样解释，似乎够清楚了。不过现在我不明白的是，保"水渍险"有什么
好处。我想"水渍险"应包括全部主要风险，而根据你所说的，这种水渍险所承保 责任却最很少。徒有其名而没有很多内容。那么"水渍险"和"平安险"有什么区别呢？
B: Your question is very much to the point, Mr Smith. It is a very common but mistaken idea that a merchant has done every common but mistaken idea that a merchant has hone everything that is required to protect himself against losses when he has taken out a W.P.A. insurance. There is, perhaps, no mistake more detrimental to his interests.
白：史密斯先生，你的问题提到点子上来了。这是个很普遍，但是个错误的想法，那就是商人投保了"水渍险"便以为足以保障各种损失。恐怕没有别的错误比这更为有害于他们自己的利益。
S: That interests me very much. I must confess that I was under the impression that a W.P.A. insurance was quite sufficient and that losses due to breakage were covered. I know that F.P.A. insurance dose not cover losses on consumer goods, but I did think that the W.P.A. insurance covered more risks than the F.P.A.
史：这很有意思。我得承认以往我是以为投保水渍险就足够了，包括由于破碎而引起的损失在内。我知道平安险并不包括消费品的种种损失。但我的确认为水渍险承保的
范围比平安险要宽得多。
B: Actually it is like this. There is some difference between WPA and FPA. The FPA clause does not cover partial loss of the nature of particular average, whereas the WPA clause over such losses when they exceed a prearranged prearranged percentage. For instance, when WPA3% cover is taken out, a particular average loss under 3% of the insured amount will not be recoverable but one amounting to or exceeding 3% of the insured amount will be paid. This is the only difference between WPA and FPA. Otherwise, the protection under the FPA clause will be almost identical with that offered by the WPA clause, because in the event of maritime accidents being encountered in transit, such as stranding ,fire, explosion or collision, both clauses will cover particular average losses in full. In present day particular, a WPAIOP cover, that is,"With Particular Average Irrespective of percentage"is not infrequently granted, in which case all particular average losses of an accidental nature will be recoverable and the protection will be much wider than the FPA clause.
白：实际上是这样的。水渍险和平安险是有些不同。平安险条款不包括单独海损性质的部分损失，而水债险条款当超过事先商定的百分比时，则包括此类损失。譬如：投
保了"百分之三的水渍险"（WPA3%），当单独海损的损失在所保金额的百分之三
以下时。不赔，但是损失达到成超过所保金额百分之三时，则赔偿。这是水渍险和
平安险唯一不同之处。除此之外，平安险所承担的责任与水渍险所承担的责任几乎
相同、因为万一在运输途中遭遇海上意外事故，诸如搁浅、着火、爆炸或碰撞，这
两种保险条款都全部赔偿单独海损的损失。现行惯例，投保WPAIOP即"无免赔率的
水清险"是常常承保的，在这种情况下，属于意外性质的单独海损的所有损失都将
给予赔偿，承担的责任范围比平安险要宽阔得多。
S: I don\’t mean to annoy you, Mr Bai, I don\’t quite grasp this, Couldn\’t you say it in more understandable terms?
史：白先生，我并不想叫你生气，不过我还抓不住要领，你能否用更易懂的语言谈一谈呢？
B: I\’ll try. Neither the WPA nor the FPA mentions the risks covered or the risks excluded. The extent of insurance is stipulated in the basic policy form and in the various risks excluded. The extent of insurance is stipulated in the basic policy form and in the various risk clauses. Look at the insurance certificates and you will find that the risks of theft and you will find that the risks of theft and pilferage, freshwater, oil, grease, hooks, breakage, leakage, contamination, deterioration, etc. are specifically mentioned, and must be specifically applied for. These are special risks. FPA stands for "Free from Particular Average"while WPA or WA stands for "With Particular Average."
白：我试试看。无论水渍险还是平安险都不指明包括那些险别，或不包括那些险别。保险范围是写在基本保险单内和在各种险别的条款里。看一下保险凭证，你看，对偷
窃除，淡水险，沾染油渍险，油污险，破损险，破碎险，渗漏险，沽污险，变质险
等，都是特别提出来的，必须特别申保。这些就是特别险。FPA是代表"Free from
Particular Average"（平安险）而WPA或WA是代表"With ParticularAverage"
（水渍险）。
S: Mr Bai, I must say that you have corrected my ideas about the insurance. I see now that this is far more complicated than I ever imagined.
L: Now I know why you often point out to us the wording of some letter of credit which you don\’t feel happy about. But what are we to do about it? We must keep to the stipulations of the contract and the letter of credit.
史:白先生，我该说你已经纠正了我对保险的想法。我现在明白，保险问题比我以往所
想象的要复杂得多。
李：现在我才了解为什么你经常向我们指出对某些信用证的措词你感到不愉快。不过，
我们该怎么办？我们一定要遵守合同和信用证的规定。
S: the blame rests not alone with the letter of credit. I think the Light industrial Products Corporation should have understood from our letter of credit that we wanted the cover of all risks, including the risk of breakage. So the error was on both sides. I think the loss ought to be shared by both parties. I think the loss ought to be shared by both parties - let us say half and half.
史：不单是信用证的过错。我想轻工业品公司理应从我们的信用证中领会到我们要保的是一切险，包括破碎险在内。所以双方都有错误。我认为损失应由双方承担，我们就各负担一半吧。
L: Our price calculation could hardly admit that, Besides, we acted upon your instructions so this is not our fault.
李：我们所出的价格，难以接受你的提议。此外，我们是按照你们要求办理的，所以这不是 我们的过错。
B: (rising ) I sincerely hope that you gentlemen will settle the to our mutual satisfaction.
白：（站起身来）我衷心希望你们两位把这件事解决好，使双方都满意。
S: It goes without saying that both parties must abide by the contract terms which we have agreed upon and signed. This blunder, which is due to my ignorance, costs me a pretty penny.
史：毫无疑问，双方必须遵守已经同意并已签署过的合同条款。这次疏忽是由于我的无知，使我破费了不少钱。
L: We also have learned a lesson from this.
李：我们也从这件事吸取了教训。
S: To compensate a part of the loss, may I ask you to make us a firm offer for 50000pieces glazed wall tile CIF Manila including the risk of breakage, November shipment?
史：为了补偿部分损失，可否请你们报给我们一个实盘，50000块釉瓷砖， CIF马尼拉， 包括破碎险，十一月装船？
L: We\’ll make you an offer tomorrow. Come and see us at 9a.m.
李：我们明天给你报盘，请上午九点来和我们碰头。
S: Thank you. Then tomorrow at 9.
史：谢谢你，明天九点再见。
|
客服电话：0755-21659566 13049846002
微信咨询：13049846002
粤公网安备 44030502000019号