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Insurance Laws and Practices




                    Notes
                                     “Imagine an accident involving a cruise ship with 8,000 people and a tanker in the dead of
                                     night in the middle of the ocean.”
                                     He added: “It’s a big shock for the market. The alarm clocks of marine insurers are ringing
                                     at the moment.”

                                     So-called hull insurance, which covers physical damage to vessels, has failed overall to
                                     produce an underwriting profit for 15 consecutive years, according to the International
                                     Union of Marine Insurance. Cargo insurance has fared better but it too suffered an overall
                                     underwriting loss in 2010.
                                     Analysts estimate that once environmental damage and injuries are included, losses from
                                     the Costa Concordia could amount to as much as $1bn. In absolute terms, that would make
                                     the sunken cruise ship the biggest ever marine loss.
                                     Duncan Southcott, head of marine UK at Allianz, Europe’s biggest insurer by market
                                     capitalisation, said the increasing size of ships “must be a concern ... This is the first
                                     example of one of these very large [passenger] vessels gone wrong”.
                                     Two senior underwriters, who declined to be named, said insurers were hopeful of pushing
                                     through price increases of up to 20 per cent following the accident. However, brokers said
                                     the competitive nature of the marine insurance market made a significant rise in premiums
                                     unlikely.
                                     Losses from the Costa Concordia are spread widely among several insurance and
                                     reinsurance companies including Generali, RSA Insurance Group and XL Group.
                                     “Will this one loss have an impact? It might be the straw that breaks the camel’s back for
                                     some people – we may see some capacity withdraw,” said Marcus Baker, chairman of the
                                     marine practice at Marsh, the broker.

                                     But he added that the cruise industry was still relatively safe. “The number of injuries and
                                     incidents has historically been low. Relatively speaking the risks have been seen by many
                                     underwriters to be quite good.”

                                     Questions:
                                     1.   What is the prime reason for the marine insurance market shake-up? Discuss.
                                     2.   Discuss the factors affecting premiums in marine insurance market.

                                   Source: http://www.ft.com/cms/s/0/a06ced40-48e9-11e1-974a-00144feabdc0.html#axzz2oSa8yreR

                                   9.7 Summary

                                       In case of insurance contracts, premium is the consideration from the side of the insured
                                       and the promise to indemnify is the consideration from the insurer.
                                       If insurance is affected on say for example smuggled goods, and the insurer comes to
                                       know after some time of signing the contract, he may avoid the contract.

                                       In personal accident insurance, it is deemed that a person has unlimited financial interest
                                       on his own life.

                                       The objective of insurance is to indemnify i.e., to place the insured in the same financial
                                       position as he was just before the occurrence of loss.
                                       Subrogation is the right which an insurer gets, after he has indemnified the loss, to step
                                       into the shoes of the insured and avail himself all the rights and remedies which the
                                       insured may have in respect of the loss indemnified.




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