Operation of Marine Insurance

Marine insurance plays an important role in domestic trade as well as in international trade. Most contracts of sale require that the goods must be covered, either by the seller or the buyer, against loss or damage.

Who is responsible for affecting insurance on the goods, which are the subject of sale? It depends on the terms of the sale contract. A contract of sale involves mainly a seller and a buyer, apart from other associated parties like carriers, banks, clearing agents, etc.

Type of contract & Responsibility for insurance

Free on Board (F.O.B. Contract)
The seller is responsible till the goods are placed on board the steamer. The buyer is responsible thereafter. He can get the insurance done wherever he likes.

Free on Rail (F.O.R. Contract)
The provisions are the same as in above. This is mainly relevant to internal transactions.

Cost and Freight (C&F Contract)
Here also, the buyer’s responsibility normally attaches once the goods are placed on board. He has to take care of the insurance from that point onwards.

Cost, Insurance & Freight (C.I.F. Contract)
In this case, the seller is responsible for arranging the insurance upto destination. He includes the premium charge as part of the cost of goods in the sale invoice.

Practice in International trade

The normal practice in export /import trade is for the exporter to ask the importer to open a letter of credit with a bank in favour of the exporter.

As and when the goods are ready for shipment by the exporter, he hands over the documents of title to the bank and gets the bill of exchange drawn by him on the importer, discounted with the bank. In this process, the goods which are the subject of the sale are considered by the bank as physical security against the monies advanced by it to the exporter.

A further security by way of an insurance policy is also required by the bank to protect its interests in the event of the goods suffering loss or damage in transit, in which case the importer may not make the payment. The terms and conditions of insurance are specified in the letter of credit.

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