外贸业务谈判进程:Insurance Against Breakage 破碎险

S: Good afternoon, Mr. Li. I was to come at 4 o'clock, wasn't I?
Li: Yes, Mr. Smith, we have been expecting you.
(Li introduces Mr. Bai to Mr. Smith.)Mr. Smith, this is Mr. Bai of the
People's Insurance Company of China. He has come to explain that
unfortunate affair about the insurance.

史：李先生，午安。我应该在四点钟到，对吗？
李：是的，史密斯先生。我们一直盼着你。（李向史密斯先生介绍白先生）史密斯
先生，这是中国人民保险公司白先生。他是来解释这件保险的不幸事件。

S: Thank you for coming. Mr. Li, as you may recall, the February consignment
arrived at Manila seriously damaged. The loss through breakage was over
30% of the consignment. We've presented a claim to the underwriters through
your firm, but the insurance company refused to admit liability, as there
was no insurance against breakage. We naturally were not satisfied with
such a reply.
L: I should like to hear what Mr. Bai has to say about it. You know of
course that we, the sellers, are merely acting as mediators in this matter.
The underwriters are responsible for the claim, as far as it is within
the scope of cover.
B: That's just the point, gentlemen. The loss in question was beyond the
coverage granted by us. According to your instructions, we made out an
insurance certificate covering W.P., and the risk of breakage wasn't
mentioned in it. We rang up the Ceramics Section of the Light Industrial
Products Corporation but were told that their customer had not asked for
a cover of the risk of breakage.

史：谢谢你来了。李先生，你也许记得，这批二月份发运的货，到马尼拉时，破损
严重。损失超过这批货的百分之三十。我们已通过你公司向保险公司提出索赔，但保险
公司拒绝负责，因为没有投保破碎险。我们当然对这种回答是不满意的。
李：我想听听白先生有什么看法。当然，你是知道的，我们卖方对这件事只是个调解
人。只要在保险责任范围内，保险公司就应负赔偿责任。
白：先生们，问题就在于这一点上。你说的损失并不包括在我方承保的责任范围之
内。根据你方要求，我们出具了承保水渍险的保险凭证，但没提破碎险。我们曾经
打电话给轻工业品公司陶瓷器部，但他们说客户并未要求承保破碎险。

L: In the letter of credit only a cover for "all marine risks"
was requested. I should like to point out that our prices were calculated
without insurance of any special risk. So we applied for the usual W.P.A.
cover, and let our customers deal with the matter of breakage. Since the
validity of the letter of credit was to expire in two days, there was
no time to write for more detailed instructions. If the letter of credit
had been valid for a longer period, we should have had time to make the
matter thoroughly clear.
S: Mr. Li, our import license was only running up to the middle of February,
consequently we were not able to extend the validity of the letter of
credit. But we presume that the wording of our L/C implies covering the
risk of breakage. Besides, when I take a W.P.A. insurance, that is, with
particular average, I should think the risk of breakage is included. Breakage
is particular average, isn't it?
B: Not every breakage is a particular average. It is a particular average
when the breakage is resultant from natural calamities and maritime accidents,
such as stranding and sinking of the carrying vessel, or is attributable
to fire, explosion or collision. Without the occurrence of any such fortuities,
breakage is often considered as an ordinary loss and represents what we
call "inherent vice or nature of the subject matter insured",
which is outside the scope of the cover.

李；信用证只要求投保"综合海运险"。我想要指出的是，我们的价格
没把任何特殊险计算在内。所以，我们只投保了通常的水渍险，而让我们客户自行办
理破碎险事宜。由于信用证两天内就要到期，来不及写信要求做出更详细的说明。如
果信用证有效期较长的话，我们就会有时间把事情彻底弄清楚。
史：李先生，我们进口许可证的有效期到二月中截止，因此，我们无法延长信用证
有效期。但是，我方认为信用证的措词包含了要投保破碎险。此外，当我投保水渍
险时，那就是with Particular Average,认为是包括破碎险。破损，对吗？
白：并不是所有的破碎险都属于单独海损。只意外事故所造成的破 没，或归因于
着火，爆炸或碰撞所引起的破损才算属于单独海损。如果没发生上述事故，破碎险
便认为最普通损失，也就是我们所说的由于"投保货物内在缺陷或特性所引
起的损失，它不属于承保范围之内。
S: But the risk of breakage is covered by marine insurance, isn't it?
B: Certainly, but it is a usual practice to make specific mention in the
insurance policy or certificate that the risk of breakage is included.
The inclusion of this special risk will be subject to an additional premium,
which will normally be higher than the basic insurance for the ordinary
marine risks. The rate for such kind of risk will vary according to the
kind, or, as in ceramics, according to the fragility of the goods. I think
you know all about it.

史：但破碎险是包括在海洋运输货物险之内的，对吗？
白：当然，可是按照惯例要在保险单或保险凭证上特加注明破碎险包括在内。包
括这种特殊险就必须加付保险费；这种保险费一般比通常的海洋货物运输险的基
本险为 这类险别的保费率将根据货物种类，比如陶瓷器，就根据货物的易脆性
而有所不同。我想这一切你都知道的。

S: Well, I have heard something about it, but I can't say that it is
very clear to me.
B: Then let me explain this insurance.……

史：哦，我听说过，但我不能说我对保险条款很清楚了。
白：那我来解释一下这种保险……。

L: Mr Smith, would you care for a cup of tea? Or a cigarette?
S: A cup of tea, thank you. Let me hear more about it.

李：史密斯先生，想喝杯茶吗？还是抽支烟呢？
史：谢谢，来杯茶吧。有关这种保险，还请你多多指教。