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。我應該在四點鐘到，對嗎？
李：是的，史密斯先生。我們一直盼著你。（李向史密斯先生介紹白先生）史密斯
先生，這是中國人民保險公司白先生。他是來解釋這件保險的不幸事件。
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：謝謝你來了。李先生，你也許記得，這批二月份發運的貨，到馬尼拉時，破損
嚴重。損失超過這批貨的百分之三十。我們已通過你公司向保險公司提出索賠，但保險
公司拒絕負責，因為沒有投保破碎險。我們當然對這種回答是不滿意的。
李：我想聽聽白先生有什么看法。當然，你是知道的，我們賣方對這件事只是個調解
人。只要在保險責任范圍內，保險公司就應負賠償責任。
白：先生們，問題就在于這一點上。你說的損失并不包括在我方承保的責任范圍之
內。根據你方要求，我們出具了承保水漬險的保險憑證，但沒提破碎險。我們曾經
打電話給輕工業品公司陶瓷器部，但他們說客戶并未要求承保破碎險。
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；信用證只要求投保"綜合海運險"。我想要指出的是，我們的價格
沒把任何特殊險計算在內。所以，我們只投保了通常的水漬險，而讓我們客戶自行辦
理破碎險事宜。由于信用證兩天內就要到期，來不及寫信要求做出更詳細的說明。如
果信用證有效期較長的話，我們就會有時間把事情徹底弄清楚。
史：李先生，我們進口許可證的有效期到二月中截止，因此，我們無法延長信用證
有效期。但是，我方認為信用證的措詞包含了要投保破碎險。此外，當我投保水漬
險時，那就是with Particular Average,認為是包括破碎險。破損，對嗎？
白：并不是所有的破碎險都屬于單獨海損。只意外事故所造成的破 沒，或歸因于
著火，爆炸或碰撞所引起的破損才算屬于單獨海損。如果沒發生上述事故，破碎險
便認為最普通損失，也就是我們所說的由于"投保貨物內在缺陷或特性所引
起的損失，它不屬于承保范圍之內。
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：但破碎險是包括在海洋運輸貨物險之內的，對嗎？
白：當然，可是按照慣例要在保險單或保險憑證上特加注明破碎險包括在內。包
括這種特殊險就必須加付保險費；這種保險費一般比通常的海洋貨物運輸險的基
本險為 這類險別的保費率將根據貨物種類，比如陶瓷器，就根據貨物的易脆性
而有所不同。我想這一切你都知道的。
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，我聽說過，但我不能說我對保險條款很清楚了。
白：那我來解釋一下這種保險……。
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，想喝杯茶嗎？還是抽支煙呢？
史：謝謝，來杯茶吧。有關這種保險，還請你多多指教。
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