海上保险法试题库(6)

2020-04-14 23:10

109.我国船舶保险一切险采用的是非列明风险的承保方式。

110.对于船员故意损害被保险船舶而造成的损失,保险人是不负责赔偿的。对错错错 对错对错错 错

111.船舶保险条款也适用船舶战争险条款,不一致时,以战争险条件为准。

112.我国船舶保险条款规定,不载货船舶的保险期限,自起运港解缆或起锚时开始至目的港抛锚或系缆完毕时终止。

113.我国船舶保险条款规定,定期保险自保险责任开始一律不办理退保和退费。

114.我国船舶保险条款规定,恶劣气候造成两个连续港口之间单独航程的损失索赔应视为一次意外事故。

115.我国船舶保险条款规定,当被保险船舶与其他船舶碰撞双方均有过失时,除一方或双方船东责任受法律限制外,本条项下的赔偿应按交叉责任的原则计算。

116.我国船舶保险条款规定,对本保险项下海损的索赔,以新换旧均予以扣减。

117.我国船舶保险条款规定,被保险船舶在预计到达目的港日期,超过两个月尚未得到它的行踪消息视为实际全损。

118.我国船舶保险条款规定,一旦被保险船舶的按全损赔付后,本保险即自动终止。 119.我国船舶保险条款规定,本保险负责赔偿被保险船舶的共同海损、救助、救助费用的分摊部分。被保险船舶若发生共同海损牺牲,被保险人可获得对这种损失的全部赔偿,但必须先行使向其他各方索取分摊额的权利。

120.我国船舶保险条款中碰撞责任条款规定,本条项下保险人的责任(包括法律费用)是本保险其他条款项下责任的增加部分,但对每次碰撞所负的责任不得超过船舶的保险金额的3/4。 121.我国人保船舶保险条款规定,被保险人为获取和提供资料和文件所花费的时间和劳务,以及被保险人委派或以其名义行事的任何经理、代理人、管理或代理公司等的佣金或费用,本保险均予补偿。对对错对 对错对对错 错错

五、简答题

1.什么是保险? 2.保险有哪些作用?

3.海上保险具有哪些特征? 4.海上保险有哪些基本分类? 5.简述海上保险的法律适用。 6.什么是海上保险?

8.商业保险和社会保险的区别是什么? 9.风险有什么特征?

10.可保风险必须具备哪些条件

11.海商法对船舶保险价值的规定是什么? 12.海商法对货物保险价值的规定是什么? 13.海商法对运费保险价值的规定是什么? 14.海上保险合同有哪些特征? 15.海上保险合同如何成立? 16.简述被保险人的告知义务?

17.为什么一些国家放宽了被保险人的告知义务? 18.中英两国关于推定全损的规定,有何不同? 19.推定全损有什么法律效力?

20.委付的法律效力是什么? 21.判定近因的一般原则是什么? 22.构成单独海损的条件是什么? 23.简述共同海损和海上保险的关系? 24.简述共同海损成立的条件?

25.海上保险承保共同海损的条件是什么?

26.海上保险所承保的救助费用必须具备什么条件?

27.英国1982年协会货物保险条款对保险利益是怎么规定的? 28.保险利益在实践中遇到的难点是什么? 29.保险利益的构成条件是什么? 30.要求保险利益有什么作用? 31.简述保险利益的种类。 32.保证的特征是什么?

33.保证与陈述的区别是什么? 34.什么是航段适航保证?

35.定期保险中,船舶适航保证的内容是什么?

36.英国1982年协会货物保险条款关于货物保证的规定的内容是什么? 37.什么是赔偿限度? 38.简述索赔与理赔原则。

39.英国《1906年海上保险法》对全损的赔偿是如何规定的? 40.简述被保险人单方放弃对第三人追偿的法律后果。

41.列举《最高人民法院关于审理海上保险纠纷案件若干问题的规定》有关代位的规定。 42.说明《保险法》与《海商法》在代位追偿方面的主要区别。

43.提单或租约中的“船舶互撞责任”条款与保险条款中的“船舶互撞责任”有什么不同? 44.我国人保海洋运输货物保险平安险的责任范围是什么? 45.我国人保海洋运输货物保险的除外责任范围是什么? 46.我国人保海洋运输货物保险中被保险人的义务哪些? 47.我国人保海洋运输货物保险的责任起讫是怎样规定的? 48.我国人保海洋运输货物保险的一般附加险有哪些? 49.我国人保海洋运输货物保险的特殊附加险有哪些? 50.特殊附加险与一般附加险的异同? 51.简述协会货物保险条款(B)的承保范围。 52.简述协会货物保险条款(C)的承保范围。

53.简述协会货物保险条款(A)的普通除外责任。 54.简述协会货物保险战争险条款的承保范围。 55.简述协会货物保险罢工险条款的承保范围。 56.海盗在中英货物保险条款中有什么不同?

57.1982年协会货物保险保险条款与中国人保1981年条款在除外责任的规定上有什么不同?

58.1982年协会货物保险保险条款的弃权条款的内容是什么? 59.1982年协会货物保险保险条款有什么特点?

60.我国人保船舶保险全损险的承保范围是如何规定的? 61.我国船舶保险一切险条款关于碰撞责任是如何规定的? 62.我国船舶保险条款规定的保险人的除外责任有哪些?

63.我国集装箱保险的除外责任有哪些?

64.我国船舶保险战争险与罢工险的承保范围是如何规定的? 65.我国人保船舶保险条款规定的被保险人的义务是什么? 66.我国人保船舶保险条款海运条款的内容是什么?

67.我国船舶保险一切险条款关于碰撞责任的规定与英国83协会船舶定期保险条款中的规定有何不同?

68.英国83协会船舶定期保险条款中航行条款的内容是什么? 69.英国83协会船舶定期保险条款中继续条款的内容是什么? 70.英国83协会船舶定期保险条款中违反保证条款的内容是什么? 71.英国83协会船舶定期保险条款中终止条款的内容是什么? 72.英国83协会船舶定期保险条款中转让条款的内容是什么? 73.英国83协会船舶定期保险条款中污染危险条款的内容是什么? 74.英国83协会船舶定期保险条款中姐妹船条款的内容是什么? 75.英国83协会船舶定期保险条款中免赔额条款的内容是什么? 76.英国83协会船舶定期保险条款中船底处理条款的内容是什么? 77.英国83协会船舶定期保险条款中工资和给养条款的内容是什么? 78.英国83协会船舶定期保险条款中代理佣金条款的内容是什么? 79.英国83协会船舶定期保险条款中未修理损坏条款的内容是什么? 80.英国83协会船舶定期保险条款中运费弃权条款的内容是什么?

81.英国83协会船舶定期保险条款中被保险人义务条款与人保条款的区别是什么?

六、翻译题

1.A contract of marine insurance is a contract whereby the insurer undertakes to indemnify the assured, in manner and to the extent thereby by agreed, against marine losses, that is to say, the losses incident to marine adventure.

2.A contract of marine insurance may, by its express terms, or by usage of trade, be extended so as to protect the assured against losses on inland waters or on any land risk which may be incidental to any sea voyage.

3.Where a ship in course of building, or the launch of a ship, or any adventure analogous to a marine adventure, is covered by a policy in the form of a marine policy, the provisions of this Act, in so far as applicable, shall apply thereto; but, except as by this section provided, nothing in this Act shall alter or affect any rule of law applicable to any contract of insurance other than a contract of marine insurance as by this Act defined.

4.\that is to say, perils of the sea, fire, war perils, pirates, rovers, thieves, captures, seizures, restraints, and detainments of princes and peoples, jettisons, barratry, and any other perils, either of the like kind or which may be designated by the policy.

5.A contract of marine insurance is deemed to be concluded when the proposal of the assured is accepted by the insurer, whether the policy be then issued or not; and, for the purpose of showing when the proposal was accepted, reference may be made to the slip or covering note or other customary memorandum of the contract.

6.Where two or more policies are effected by or on behalf of the assured on the same adventure and interest or any part thereof, and the sums insured exceed the indemnity allowed by this Act,

the assured is said to be over-insured by double insurance. 7.A contract of marine insurance is a contract based upon the utmost good faith, and, if the utmost good faith be not observed by either party, the contract may be avoided by the other party.

8.Every circumstance is material which would influence the judgment of a prudent insurer in fixing the premium, or determining whether he will take the risk.

9.Subject to the provisions of this section, the assured must disclose to the insurer, before the contract is concluded, every material circumstance which is known to the assured, and the assured is deemed to know every circumstance which, in the ordinary course of business, ought to be known by him. If the assured fails to make such disclosure, the insurer may avoid the contract. 10.In the absence of inquiry the following circumstances need not be disclosed, namely:— Any circumstance which diminishes the risk; Any circumstance which is known or presumed to be known to the insurer. The insurer is presumed to know matters of common notoriety or knowledge, and matters which an insurer in the ordinary course of his business, as such, ought to know; Any circumstance as to which information is waived by the insurer; Any circumstance which it is superfluous to disclose by reason of any express or implied warranty.

11.Subject to the provisions of the preceding section as to circumstances which need not be disclosed, where an insurance is effected for the assured by an agent, the agent must disclose to the insurer—Every material circumstance which is known to himself, and an agent to insure is deemed to know every circumstance which in the ordinary course of business ought to be known by, or to have been communicated to, him; and Every material circumstance which the assured is bound to disclose, unless it come to his knowledge too late to communicate it to the agent.

12.A representation as to matter of fact is true, if it be substantially correct, that is to say, if the difference between what is represented and what is actually correct would not be considered material by a prudent insurer.

13.A representation as to a matter of expectation or belief is true if it be made in good faith.

14.A contract of marine insurance is deemed to be concluded when the proposal of the assured is accepted by the insurer, whether the policy be then issued or not; and, for the purpose of showing when the proposal was accepted, reference may be made to the slip or covering note or other customary memorandum of the contract

15.Unless otherwise agreed, the duty of the assured or his agent to pay the premium, and the duty of the insurer to issue the policy to the assured or his agent, are concurrent conditions, and the insurer is not bound to issue the policy until payment or tender of the premium.

16.Unless otherwise agreed, where a marine policy is effected on behalf of the assured by a broker, the broker is directly responsible to the insurer for the premium, and the insurer is directly responsible to the assured for the amount which may be payable in respect of losses, or in respect of returnable premium.

17.Unless otherwise agreed, the broker has, as against the assured, a lien upon the policy for the amount of the premium and his charges in respect of effecting the policy; and, where he has dealt with the person who employs him as a principal, he has also a lien on the policy in respect of any balance on any insurance account which may be due to him from such person, unless when the debt was incurred he had reason to believe that such person was only an agent.

18.Where a marine policy effected on behalf of the assured by a broker acknowledges the receipt of the premium, such acknowledgment is, in the absence of fraud, conclusive as between the insurer and the assured, but not as between the insurer and broker.

19.Where the policy contains a stipulation for the return of the premium, or a proportionate part thereof, on the happening of a certain event, and that event happens, the premium, or, as the case may be, the proportionate part thereof, is thereupon returnable to the assured.

20.Where the consideration for the payment of the premium totally fails, and there has been no fraud or illegality on the part of the assured or his agents, the premium is thereupon returnable to the assured.

21.A contract of marine insurance is deemed to be a gaming or wagering contract— Where the assured has not an insurable interest as defined by this Act, and the contract is entered into with no expectation of acquiring such an interest; or Where the policy is made \\further proof of interest than the policy itself\or \benefit of salvage to the insurer\policy may be effected without benefit of salvage to the insurer. 22.Subject to the provisions of this Act, every person has an insurable interest who is interested in a marine adventure. In particular a person is interested in a marine adventure where he stands in any legal or equitable relation to the adventure or to any insurable property at risk therein, in consequence of which he may benefit by the safety or due arrival of insurable property, or may be prejudiced by its loss, or damage thereto, or by the detention thereof, or may incur liability in respect thereof.

23.Where the assured assigns or otherwise parts with his interest in the subject-matter insured, he does not thereby transfer to the assignee his rights under the contract of insurance, unless there be an express or implied agreement with the assignee to that effect.

24.Every contract of marine insurance by way of gaming or wagering is void.

25.Where a warranty is broken, the assured cannot avail himself of the defence that the breach has been remedied, and the warranty complied with, before loss.

26.An express warranty must be included in, or written upon, the policy, or must be contained in some document incorporated by reference into the policy. 27.An express warranty may be in any form of words from which the intention to warrant is to be inferred.

28.Where insurable property, whether ship or goods, is expressly warranted neutral, there is an implied condition that the property shall have a neutral character at the commencement of the risk, and that, so far as the assured can control the matter, its neutral character shall be preserved during the risk.

29.Where a ship is expressly warranted \the assured can control the matter, she shall be properly documented, that is to say, that she shall carry the necessary papers to establish her neutrality, and that she shall not falsify or suppress her papers, or use simulated papers. If any loss occurs through breach of this condition, the insurer may avoid the contract.

30.In a voyage policy on goods or other moveables there is an implied warranty that at the commencement of the voyage the ship is not only seaworthy as a ship, but also that she is reasonably fit to carry the goods or other moveables to the destination contemplated by the policy. 31.There is an implied warranty that the adventure insured is a lawful one, and that, so far as the assured can control the matter, the adventure shall be carried out in a lawful manner. 32.Non-compliance with a warranty is excused when, by reason of a change of circumstances, the warranty ceases to be applicable to the circumstances of the contract, or when compliance with the


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