협회적하약관 면책위험의 담보 가능성에 관한 검토 -부가약관 담보와 무역보험 담보 가능성을 중심으로-

Abstract

The purpose of the study is to find out the possibility of cover by insured against the risks in exclusion clause of Institute Cargo Clauses. The topic begins with a question asking why the assured must not be compensated in any case for losses or damages from the excluded risks above. Are there any solutions that the assured in good faith could get compensation from the insurer who is not liable for any loss or damage caused by risks in the exclusion clause? The question is concerned with two aspects. One is to insure some additional clauses which cover the risks not insured against and another is to consider whether the Trade Credit Insurance could possibly cover the excepted risks from the Institute Cargo Clauses. However, the existence of fortuity or uncertainty which is the crucial element of risks should not be overlooked. As a result, the risks in general exclusion clause of Institute Cargo Clauses may be insured by additional clauses designed to cover the excepted risks such as ordinary leakage and/or shortage, spontaneous combustion, rust, mold and mildew, sweat & heating, malicious damage and war/strikes, riots and civil commotions etc. In any case, however, loss or damage attributable to willful misconduct of the assured must not be covered by any special insurance policy. On the other hand, to cover the excepted risks above by using Trade Credit Insurance is regarded not persuasive in consideration of its purpose,application, legal aspects and duplicated cover although it is an optimistic attempt to enlarge the item of Trade Credit Insurance and even promote export.