N.G. Skachkov. Features of a Mutual Insurance of the Responsibility by Transportation Hazard Cargoes Complicated by Military Risks

Abstract: Economic and political instability in various regions of the world adversely affects the safety of sea navigation, creating additional difficulties on the whole ship route. In order to keep a cargo conserved it is necessary to join efforts of every subject of legal relationship from shippers to employees at the auxiliary transport terminal. Integration of obligations is a proven approach to repayment as applied to essential risks of one or another type. This concept represents one of the most important traditions in the insurance practice and the method for risk repayment tested up during long term history for scale risks of a certain kind. The contributions to an insurance pool are considered to be either proportional to the transferred premium value or to the established parities. Both losses and rested responsibility are taken into account by these payments. Undoubtedly, humanitarian crisis in its displays affects current formats of the reinsurance. For example, if the formats of the so-called “dark blue card,” manifesting the intentions of the insurer, really need to be changed preliminary, it would be obligatory to establish optimum sizes of the capital investments and then to state, who (insurer, insurant, P&I club, namely) pays the limiting shares as a whole. Deficit in the informational exchange obviously aggravates cardinal distinctions between different homogeneous techniques for calculating the insurance payments. Unambiguous losses of transport operation in any case provide a reason for investigating casual relations with due regard for different factors. Though, if the declared insurance cost mismatches real situation, any reinsurance procedure hardly supposes even relative objectivity for the undertaken calculations. Obligatory reinsurance is disputable enough. It leads to actual crushing the tonnage at an establishment of the instant of the risk origination. Such method allows one to overcome the loss of an individual source for the insurance cover on retention of general priorities for a whole insurance portfolio. But it heavily requires the clients with an adequate corporate concept of the insurance to be available. Such contingent of clients should be created taking use of the important reinsurance persons. Bearing in mind that the beginning of war conflict affects the fundamental basis of the reinsurance for a hazard cargo, the predictability of the anticipated losses must be provided as soon as possible. Though a lot of market players continue to adhere traditional ways for creating portfolio of insurance payments getting around of which the risks are not comprehensible. Military risks as innovation to be included to the insurance cover do not form the steady way of commercial activity. In this case the character of immediate reinsurance is considered to be as alternative free. Hence, it is possible to separate some options for the insurance, objectively influencing the transportation operation. But the order of legal regulation of the procedures for insurance and reinsurance as well is not settled by this.

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