1. TRANSPORT INSURANCE LAW Lecutre 1 – introduction 11 OCT 2016
doc.dr.sc. IVA SAVIĆ
Department for Maritime and Transport Law

2. overview (Introduction ) 18 OCT > Cargo Insurance
25 OCT > Professional Liability Insurance in Road Transport
8 NOV > Professional Liability Insurance in Rail Transport
22 NOV > Aviation Insurance I
29 NOV > Aviation Insurance II
Marine Insurance I
Marine Insurance II
Marine Insurance III
Protection and Indemnity Insurance
Compulsory Marine Insurance
Reinsurance

3. introduction Trade – transit of goods Risk Delay Damage Loss
Protection?
Compensation
liability limitation ► insurance
SALES
TRANSPORT
INSURANCE

4. Role of transport insurance (TI)
Marine insurance – first insurance in the history (ancient cultures yrs BC)
follows growth of cargo shipping and technological development of maritime transport
TI: insuring a variety of material interest involved in transport chain
marine insurance –
special legal regime, specific institutes (marine insurance law- maritime law)

5. SOURCES OF TIL Regulations Contracts Principles Customs Court practice
A) insurance legal regime
International conventions
National regulation
Standards Conditions of transport associations
B) business organization

6. clasification Hull Cargo Liability Transport branches road rail air
sea
inland waterways

7. TIL – Terminology Insured object insurable interest Insured risk
Insured value (amount)
premium
Compensation - indemnity
excess and franchise clauses

8. Princples of transport insurance
Principle of Uberrimae fidei (Utmost Good Faith)
insurance contract must be signed by both parties (insurer and insured) in an absolute good belief
person getting insured must willingly disclose and surrender to the insurer his complete true information regarding the subject matter of insurance
Transport insurance: like a professional
Principle of Insurable Interest
physical existence of the insured object gives him some gain but its non- existence will give him a loss > when the damage of the insured object occurs, the insured person must suffer some financial loss
Possible for damage occuring before the contract was signed - MIA „lost or not lost”, if there is no (fraud)

9. PRINCIPLES (part 2) Principle of Indemnity
protection against unpredicted financial losses arising due to future uncertainties
Certain amount of money paid for material loss on insured object as a result of insured risk
insurance policy shall not provide compensation to the policyholder that exceeds their economic loss
Scope of compensation is defined by the policy
same financial state as the one prior to the loss
Cumulation of requests = limit: loss suffered
*total loss