2009년 협회적하약관상 보험기간에 관한 연구

Abstract

This article intends to examine main features of revision in relation to the duration of cover in the Institute Cargo Clauses 2009 and the results of analysis are as followings. First, the cover, which had been “warehouse to warehouse”, has been extended to what may be called “shelf to unloading”. Thus the insurance attaches when the goods are first moved within the warehouse or place of storage at the named place for the purpose of immediate loading for the commencement of transit. Secondly, the new termination Clause 8.1.3 requires an election by the assured, or their employees, to use a vehicle or container, for storage other than in the ordinary course of transit. Thirdly, Clause 10.1, which deals with the assured's voluntary change of voyage, was amended to solve the problem that the words “held covered” could be misunderstood by an assured without specialist knowledge of English marine insurance law to be a guarantee of cover, even where cover would not be commercially available. Finally, Clause 10.2 is designed to solve the so-called “phantom ship problem”, arising from the harsh decision in The Prestrioka. The new Clause 10.2 provides protection for an innocent assured in the situation of a phantom ship.