2009년 개정협회적하약관의 운송조항에 관한 연구

Abstract

The Institute Cargo Clauses(ICC) have been continuously revised in accordance with changes of insurance market and maritime transport environment since the ICC established in 1912. The latest edition of the ICC became available to the insurance market on 1st January 2009. This article especially deals with “Transit Clause” which stipulates duration of risk for subject-matter of insured among 19 clauses in the ICC. The clause first introduced in the ICC (1912), so called “Warehouse to Warehouse Clause”. According to Article 8 in the ICC (2009), the transit is now deemed to commence when the subject-matter insured is first moved in the warehouse for the purpose of the immediate loading into or on to the carrying conveyance rather than when the goods leave the warehouse. Furthermore, the duration of risk now terminates on completion of unloading from the vehicle at the final warehouse rather than delivery to as stated in the ICC (1982). There is also a new part in the clause clarifying that the insurance terminates when the insured or their employees elect to use any carrying vehicle or other conveyance or any container for storage other than in the ordinary course of transit. In general, the “Transit Clause” has largely modified, more favourable to the Insured and/or elucidate market terms and practice. The clause has been ordinary for broker's wordings to extend coverage to include the process of loading and unloading and this has now been brought into the standard cover and in line with European practice. However, there have still been ambiguous points in the revised ICC. For example, where the subject-matter insured moves to destination named in the policy one or two days later after its movement and loading in warehouse for the convenience of the warehouse employees.