N.G. Skachkov. Legal Unsuring Regimes of Sea Transportations Performed Under Specific Conditions (Aspects of P&I Club Practice)

Abstract: Local political conflicts definitely have an impact on the insurance of sea transport operations. This action on the system of loss estimation is conclusive. Depositary funds only promote mechanical distribution of charges. Such procedure frequently compromises an optimal solution to the insurance incident. The adequate insurance covering under military risk conditions is difficult to realise. In this case, the reimbursement on insurance deficiency should not cause an overpayment for risk. The fresh approach to maintenance a category of danger involves the universal thesis about certainty of damage what mediates all stages of charge of a paid coverage. Each member from 12 Associations P&I of a mutual insurance reffering shipowners is an independent unit. Therefore the method of attack to the factor of danger can be various. This or that club assigns the military risks to that of liquidity. In so doing compensation of actives only approaches military risks to the obligations under indemnification. It is difficult to doubt about their relation to legal insurance. At the same time the guaranteed payment in terms of the insurance policy is not included into the concept of extreme covering. This circumstance extremely affects procedure of averaging of damage and fair estimation of an insurance case. In this connection, any of the concepts about an increase of financial stability of great risks offered by clubs deserves attention. Insurance brokers overcome an uncooperative altitude to risks from the commission, despite of excessively high level of deduction of the insurance premium. The sphere of a covering of reinsurance pool gets big definiteness. The coordination of insurance payment sizes also undergoes deformation. At no time insurance singles are identical. The affinity to danger will make useless any calculation methodology, expressing a favor of potentially flexible parameters and plurality ways of attraction relative to free actives. Unfortunately, other clubs prefer to take advantage from compensation due to the responsibility for a delay, having generated separate group of obligations on “all risks” classification. The consolidated point of view has not developed yet. Therefore the differentiation of an insurance coverage serves as reliable demonstration of loyalty to the available limits of compensation. It is obvious, that if such concept of local damage will prevail finally the key details of insurance covering will not resist. The commonness of concepts will favor situation, and at the same time will not slow to the affect of constancy of the insurance interest. Finally the insurance premium will overcome aspiration to momentary bias. Then both the payment of debt from an overpayment and action manufacture from the reporting become the uniform mechanism. Otherwise, reinsurance protection methods based on expenses and charges could not level a difference between the insurance rates.

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