As Correspondents of

As Correspondents of Taiwan Maritime Services Limited

概論P&I保險 Taiwan Maritime Services Limited

History of P&I Insurance P&I Club 的前身 - Hull Insurance Clubs 盛行於18世紀的英國其後船東加入以互保方式共同承擔船體損害 (現今 P&I 的概念, Being the insurers as well as insured) Taiwan Maritime Services Limited

The PROTECTION • 1836年英國法院判決船東不得對船體保險人請求碰撞損害責任 - De Vaux v. Salvador (1836),市場回應:承保3/4,船東自行吸收剩餘的1/4責任. • 1855年 - 第一個 Protection Club 成立，名為 “Shipowners’ Mutual Protection Society”，其性質為互保，承保範圍包括人員傷亡以及1/4碰撞責任，其他性質相同的 Clubs 亦於同時陸續成立。 • Mr. Peter Tindall – the founder Taiwan Maritime Services Limited

The INDEMNITY • “Westernhope” (1870) & “Emily” 一案中2船發生船難，一因不合理偏航、一因航行疏失 (negligence in navigation)，致船舶擱淺船貨全損，當時船東們深感對第三人責任遽增 (貨價提升)，在North of England Protection Association 之建議下，Shipowners’ Mutual Protection Society 首先於 1874 年規則增列 “補償” 部份 (Indemnity Class)，旨在承保船東對貨損之責任，P&I Club 從此形成。 Taiwan Maritime Services Limited

P&I Club chronology source from www.ukpandi.com • 18世紀 – hull clubs (against Royal and London Assurance) • 1855 – 人員傷亡與碰撞案件與日俱增,第一家protection club成立 (Britannia P&I 前身) • 1874 – Indemnity Club成立 – for cargo claims and others not covered by the protection club. • Now – 90%以上市佔率,壓倒性優勢別於fixed premium insurers. Taiwan Maritime Services Limited

Group Reinsurance Programme *25% of US$50m ~ US$550 are Group Co-insured Taiwan Maritime Services Limited

Protection and Indemnity US$ 3,050m International Group of P and I Associations General Excess of Loss Reinsurance Contract Structure Owned and Chartered Entries (including Overspill Protection, Hydra Participation, Pooling and Individual Club Retentions) 12 months at Noon GMT 20th February, 2007 Collective Overspill Protection US$ 1,000m One Reinstatement US$ 2,050m Third General Excess Unlimited Reinstatements US$ 1,000m Oil Pollution US$ 1,050m Second General Excess Second General Excess US$ 500m Unlimited Reinstatements Protection and Indemnity and Oil Pollution Unlimited Reinstatements US$ 550m First General Excess First General Excess First General Excess Unlimited Reinstatements First General Excess Unlimited Reinstatements Unlimited Reinstatements Unlimited Reinstatements First General Excess Unlimited Reinstatements Coinsurance 25% Reinsured by Hydra Coinsurance 25% Reinsured by Hydra US$ 500m Coinsurance 25% Reinsured by Hydra US$ 300m US$ 50 m Primary Charterers RI US$ 35m Upper Pool – Reinsured by Hydra US$ 20m Upper Pool – Reinsured by Hydra US$ 30 m US$ 8m Lower Pool Lower Pool US$ 23m Lower Pool Lower Pool Lower Pool US$ 7m US$ 7m US$ 7m Individual Club Retention Individual Club Retention US$ 350m US$ 50m US$ 15m US$ 7m Owned Entries Chartered Entries Taiwan Maritime Services Limited

The Clubs Taiwan Maritime Services Limited

P&I 的承保範圍 Taiwan Maritime Services Limited

一. 船員 (僱傭契約/相關法律) 受傷,死亡,相關費用 ILLNESS, INJURY, DEATH, MEDICAL EXAMINATION i Liability to pay damages or compensation for personal injury, illness or death of any seaman whether or not on board a vessel and hospital, medical, funeral or other expenses incurred in relation to such injury, illness or death. ii Liability to pay expenses incurred in medical examination of seamen prior to engagement. B REPATRIATION AND SUBSTITUTES' EXPENSESi The expense of repatriating a seaman of the insured vessel who has been ill or injured or has died or whose repatriation has been necessitated by a casualty to the insured vessel.ii The expense of repatriating a seaman who has been left ashore when there is a statutory obligation to do so. iii The expense of substituting a seaman who has been ill, injured or has died. iv The expense of substituting a seaman who has been left ashore or been repatriated as a result of illness, injury or statutory obligation. Taiwan Maritime Services Limited

二. 其他第三者部分 (旅客/貨物裝卸承包商/他船船員/其他第三人) • Liabilities in respect of persons other than seamen or passengersA ILLNESS, INJURY OR DEATH Liability to pay damages or compensation for personal injury, illness or death of any person and hospital, medical or funeral or other expenses incurred in relation to such injury, illness or death. B LOSS OF OR DAMAGE TO EFFECTS Liability to pay damages or compensation for loss of or damage to the effects of any person on board an insured vessel. Taiwan Maritime Services Limited

三. 海上偷渡客,難民 • Liabilities and expenses in relation to deserters, stowaways and refugeesLiabilities and expenses, other than those covered under Section 4 of this Rule, incurred by the Member in discharging his obligations towards or making necessary arrangements for deserters (流亡者), stowaways and refugees or persons saved at sea, including rescue expenses, but only if and to the extent that the Member is legally liable for the expenses or they are incurred with the agreement of the Managers. Taiwan Maritime Services Limited

四. 貨物 毀損/短少 (Damage/Shortage) 滅失 (Loss) 處理殘貨 (Handling of Damaged Cargo) 延遲 (Delay) 除外情況 (Exceptions) – HV 4.2/海商69 無正本提單放貨 (delivery w/o production of B/L) 運送契約劣於海牙(威示比)規則 Taiwan Maritime Services Limited

Cargo liabilities • LOSS, SHORTAGE, DAMAGE OR OTHER RESPONSIBILITYLiability for loss, shortage, damage or other responsibility arising out of any breach by the Member or by any person for whose acts, neglect or default he may be legally liable, of his obligation properly to load, handle, stow, carry, keep, care for, discharge or deliver the cargo or out of unseaworthiness or unfitness of the insured vessel. DISPOSING OF DAMAGED CARGO The additional costs and expenses, over and above those which would have been incurred by him in any event under the contract of carriage, incurred by the Member in discharging or disposing of damaged or worthless cargo, but only if and to the extent that the Member is unable to recover those costs from any other party. Taiwan Maritime Services Limited

Cargo Liability - continued • HAGUE AND HAGUE-VISBY RULES Unless the Member has previously obtained appropriate special cover by agreement with the Managers or the Board in its discretion otherwise determines, there shall be no recovery from the Association in respect of liabilities which would not have been incurred or sums which would not have been payable by the Member if the cargo had been carried on terms no less favourable to the Member than those laid down in the Hague or Hague-Visby Rules, save where the contract of carriage is on terms less favourable to the Member than those laid down in the Hague or Hague-Visby Rules solely because of the relevant terms of carriage being of mandatory application Taiwan Maritime Services Limited

Cargo Liability - continued Unless the Board in its discretion shall otherwise determine, there shall be no right of recovery from the Association in respect of any liabilities, costs and expenses arising from: - delivery of cargo carried under a negotiable bill of lading without production of that bill of lading by the person to whom delivery is made. Taiwan Maritime Services Limited

Discretionary Claim - Unless and to the extent that the Directors shall in their absolute discretion otherwise determine (and in any event only if they are satisfied that the Member took such steps as appear to those Directors to be reasonable to avoid the event or circumstances giving rise to such liabilities, costs and expenses), there shall be no recovery from the Club under: • the failure to arrive or late arrival of an entered ship at any port of loading Taiwan Maritime Services Limited

Taiwan Maritime Services Limited

A Qualified Claim - Documented • 1. Bill of lading – evidence of contract • 2. Packing list/Commercial invoice – evidence of claim amount and cargo value • 3. Cargo survey report – proof of fault on the part of carrier • 4. Rightful claimant – eg: subrogation letter (The quantum) Taiwan Maritime Services Limited

五.碰撞 - 他船損失/除外部份-船體保單碰撞險不保/本船人員及財物損失 • Collision with other vessels (P&I保1/4 RDC為前提)A CONTACT WITH OTHER VESSELS OR CARGO OR PROPERTY ON OTHER VESSELS One fourth, or such other proportion as may have been agreed by the Managers in writing, of the liabilities arising out of the collision other than the liabilities identified in paragraph B of this Section. B OTHER LIABILITIES (4/4 full liability – viz. RDC 除外)Liability arising out of the collision for or relating to: i the raising, removal, disposal, destruction, lighting or marking of obstructions, wrecks, cargoes, or any other thing;ii any real or personal property or thing whatsoever (except other vessels or property on other vessels); iii pollution or contamination of any real or personal property except other vessels with which the insured vessel is in collision and property on such other vessels; iv the cargo or other property on the insured vessel, or general average contributions, special charges or salvage paid by the owners of that cargo or property; v loss of life, personal injury or illness. • (ii & iv 為 P&I 保險的精神) Taiwan Maritime Services Limited

Rules of the Road • i. Head On • ii. Crossing • iii. Overtaking • Lights & Signals (Part C) Taiwan Maritime Services Limited

Rule 14 – Head on situation • a. When two power-driven vessels are meeting on reciprocal or nearly reciprocal courses so as to involve risk of collision, each shall alter her course to starboard so as to each shall pass on the port side of the other. • b. Such a situation shall be deemed to exist when a vessel sees the other ahead or nearly ahead and by night she could see the masthead lights of the other in line or nearly in a line and/or both sidelights and by day she observes the corresponding aspect of the other vessel. • c. Then a vessel is in any doubt as to whether such a situation exists she shall assume that it does exist and act accordingly. Taiwan Maritime Services Limited

Rule 15 – Crossing situation • When two power-driven vessel s are crossing so as to involve risk of collision, the vessel which has the other on her starboard side shall keep out of the way and shall, if the circumstances of the case admit, avoid crossing ahead of the other vessel. Taiwan Maritime Services Limited

Rule 13 – Overtaking • a. ……any vessel overtaking any other shall keep out of the way of the vessel being overtaken. • b. A vessel shall be deemed to be overtaking when coming up with another vessel from a direction more than 22.5 degrees abaft her beam , that is, in such a position with reference to the vessel she is overtaking, that at night she would be able to see only the stern light of that vessel but neither of her sidelights. • c. When a vessel is in any doubt as to whether she is overtaking another, she shall assume that this is the case and act accordingly. • d. Any subsequent alteration of bearing between the two vessels shall not make the overtaking vessel a crossing vessel within the meaning of these rules or relieve her of the duty of keeping clear of the overtaken vessel until she is finally past and clear. Taiwan Maritime Services Limited

2007.4 – Fu Wei Taiwan Maritime Services Limited

六. 固定/浮動物體(FFO)損壞 - 損壞/滅失 • Loss of or damage to propertyLiability to pay damages or compensation for any loss of or damage to any property, or for infringement of rights, whether on land or water and whether fixed or moveable. • 北歐/德國保單 & ITC Taiwan Maritime Services Limited

CE Express – 2007.4 Taiwan Maritime Services Limited CE Express – 2007.4

七. 污染 - 船上油或其他有害物質外洩相關費用 • Pollution- Liability for loss, damage or contamination. (損害) - Any loss, damage or expense which the Member incurs, or for which he is liable, as a party to any agreement approved by the Board, including the costs and expenses incurred by the Member in performing his obligations under such agreements. (清理)- The costs of any measures reasonably taken for the purpose of avoiding or minimising pollution or any resulting loss or damage together with any liability for loss or damage to property caused by measures so taken. (減輕)- The costs of any measures reasonably taken to prevent an imminent danger of the discharge or escape from the insured vessel of oil or any other substance. (預防) - The costs or liabilities incurred as a result of compliance with any order or direction given by any government or authority for the purpose of preventing or reducing pollution or the risk of pollution, provided always that such costs or liabilities are not recoverable under the hull policies of the insured vessel. (有關當局規定) Taiwan Maritime Services Limited

Tzini – 2006.12 Taiwan Maritime Services Limited

Surf Washing Taiwan Maritime Services Limited

八. 障礙物殘骸移除 - 依法要求浮起/移除/破壞/標誌等費用 • Wreck liabilities- Liabilities and expenses relating to the raising, removal, destruction, lighting or marking of the wreck of the insured vessel and of any cargo or other property which is or was carried on board such wreck, when such raising, removal, destruction, lighting or marking is compulsory by law or the costs thereof are legally recoverable from the Member. (依當局要求/依法移除 – 商港法) - Liabilities and expenses incurred by the Member as the result of any such raising, removal, destruction, lighting or marking of the wreck of the insured vessel or of such cargo or other property or any attempt thereat. (移除中產生的責任) - Liabilities and expenses incurred by the Member as the result of the presence or involuntary shifting of the wreck of the insured vessel or any cargo or other property which is or was carried on board such wreck or as a result of his failure to raise, remove, destroy, light or mark such wreck or such cargo or other property. (移除失敗產生的責任) Taiwan Maritime Services Limited

Samho Brother – 2005.10 Taiwan Maritime Services Limited

As Correspondents of