선박화재와 보험보상 문제

Abstract

Fire is not only defined as one of maritime perils under the Marine Insurance Act of the UK, but also provided as one of risks covered by insurers under the Institute Cargo Clause (B) and (C), and the Institute Time Clauses-Hulls. Fires onboard particularly, unlike fires on land, cannot be extinguished with instant assistance of land fire-fighting facilities and resources, and should be therefore addressed by crews onboard using fire-fighting equipment of ships. In addition, due to flammable cargoes, fuels, paints, and logs, fires onboard extend easily by wind, while fire-fighting against the fires in practice should be restricted by limited onboard spaces. Thus, damages by fires onboard can more likely expand owing to distinctive environments of seas and ships, in contrast to land fires where fire-fighting team or special resources can instantly provide assistance. Once initial fire-fighting of crews has failed to address the onboard fires, significant damages to property and injuries/fatalities will be likely expected. Whereas fundamental measures against the fires onboard is to prevent damages from it in advance, unfortunately, the annual number of damages caused by the onboard fires is increasing. Forms of the damages can be classified as; (1) Loss of or harms to cargoes onboard in transit as damages to cargoes; (2) damages caused by fires to parts or whole of ships, or ships being inoperative for a period of time as damages to ships; and (3) due to onboard fires, missing/injuries/fatalities, or loss of belongings of crews as damages to seafarers. However, an issue can be raised in terms of basis and ways to remedy such damages since these have not been properly addressed and reviewed as follow-up measures. Therefore, this paper firstly classifies forms of damages that can be caused by the onboard fires, then examines basis of possible indemnity, and lastly reviews whether the indemnity can be provided in accordance with classified forms of damages.