You are on page 1of 61

Risks Management

Introduction
to
insurance

___________________________________
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction
Introduction to Insurance
to Insurance

___________________________________
2
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance

___________________________________
3
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance

• On completion of this module you should be able to:


– Recognize the inherent dangers in international trade and
the duties and responsibilities of the freight forwarder/MTO
– Appreciate the need for a risk management policy
– Appreciate the different types of insurance policies and
markets where these may be placed
– Describe the key principles that govern insurance policies

___________________________________
4
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance

I. What is Insurance ?
II. Who arranges the Insurance ?
III. What is Risk Management ?

___________________________________
5
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance

I. What is Insurance ?
II. Who arranges the Insurance ?
III. What is Risk Management ?

___________________________________
6
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance
Insurance is essentially a contact
between two parties. The first party
is the :
assured, insured or policyholder

These terms are used interchangeably


and are all synonymous with the person who wishes to
transfer a risk. The second party is :
the insurance company, insurer or underwriter

Again these names are all used interchangeably and are all
synonymous with the party agreeing to take on the risk of the
assured in return for a premium…
___________________________________
7
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance
• Insurance is a contact between two parties.
• The First Party pays the Second Party in return for a
promise
• The promise requires the assured to have faith that
the insurer will honor it. Berkshire Hathaway, Omaha, Nebraska

The assured,
The insurance
insured or company, insurer or
policyholder underwriter
The policy
___________________________________
8
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance
Origins

• The origins of insurance can be traced back 5,000 years.


– 3000 BC – China merchants too to dividing up their goods in many ships
to avoid the damage a single loss may have.
– 2000 BC – Phoenician traders finance their shipping through loans from
lenders. Loans were paid back, with interest, after the safe arrival of the
goods. If goods and ship were lost in transit, nothing was paid back.
___________________________________
9
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance
Nomenclature
• Risk - the uncertainty of a financial loss.
• Peril - is the cause of loss or the hazard which may
increase the chance of loss.
• Probability - the chance of a number of losses out
of a given number of exposures.
• Loss - the unintentional decline in or
disappearance of value.

___________________________________
10
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance
What can be insured ?
All risks cannot be insured. The following must be
present:
– an insurable interest
– a financial value
– a large number of similar risks
– Losses must not be catastrophic
– Losses must not be “too small”
– Losses must be reasonably unexpected
– Losses must be accidental
– It must be consistent with public policy
___________________________________
11
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance

Primary Functions of Insurance

1. Certainty – defines costs and enables


planning
2. Protection – from suffering
3. Risk sharing – dilutes any impact

___________________________________
12
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance
Secondary Functions of Insurance
1. Loss prevention – greater awareness of perils
leads to lower occurrence
2. It provides capital – to business through
investment
3. It improves efficiency – by avoiding overly
protective measures
4. It helps economic progress – society is helped
by others to “pick up the pieces”

___________________________________
13
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance

Key Principles of Insurance


• Insurable interest
• Utmost good faith (uberrima fides)
• Indemnity
• Subrogation
• Sue & Labour
• Moral Hazard

___________________________________
14
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance
Insurable Interest
• One may only buy insurance in a marine venture if there is
an insurable interest i.e.
– if the person stands to benefit, or expects to benefit from the safe
arrival of the insured goods and will be adversely affected by any
damage or loss.

• Consequently, different persons may have an insurable


interest in the goods at any one time, e.g. an exporter, or
confirming house or bank which advances funds to the exporter under
a letter of credit.

• The assured must have an insurable 'interest' at the time


of the loss.
___________________________________
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance
Insurable Interest
• A legal interest in the value of the subject of
insurance, including any legal or financial
relationship.
• Insurable interest usually results from property
rights, contract rights, and potential legal liability.
• The assured must have an insurable 'interest' at
the time of the loss.

___________________________________
16
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance

___________________________________
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance
Utmost good faith (uberrima fides)
• The assured must disclose to the insurer all
material circumstances of which he is aware of
or, ought to be reasonably aware of, which could
affect the risk he is transferring.
• A material circumstance is something that had
the insurer been aware of, at the time of
inception of the insurance policy, may have
affected his decision in either underwriting the
risk, deciding on the level of premium or, terms
applicable.
___________________________________
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance
Utmost good faith (uberrima fides)
• Failure to do so will result in a void contract giving
the insurer the legal right to refuse to compensate
the assured should a loss occur, irrespective of
whether the non-disclosure was intentional,
inadvertent or not directly related to the loss.

___________________________________
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance
• The contract of marine insurance is a Contract of
Indemnity, i.e. in the event of the assured experiencing
financial loss or having to incur certain expenses arising
from loss of, or damage to the goods,
caused by any of the perils stated in
the insurance contract, the insurer
undertakes to compensate the
assured for the financial loss he has
suffered.

___________________________________
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance
Indemnity
• This is opposed to other forms of insurance, such
as, building insurance where the underwriter would
undertake to build a new building to replace one
destroyed by fire.

___________________________________
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance
Indemnity
• The principle that the insured should not profit from a loss
or damage but should be returned (as near as possible) to
the same financial position that existed before the loss or
damage occurred.

• The insured cannot recover more than his or her actual


loss from the insurer.

• Exceptions:
– personal accident and life insurance policies where the
policy amount is paid on occurrence of accident or
death and the question of profit does not arise.
___________________________________
22
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance
• Subrogation happens
when any rights which
the assured may have
against third parties,
such as carriers, are
transferred to the
underwriter.

• Thus for cargo contaminated by saline water the cargo


insurers would compensate the assured and through
their right of subrogation pursue the carrier for
compensation of their loss.
___________________________________
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance
Subrogation

• The assured, however, may only recover from one


source, e.g. the insurer, in respect of loss or
damage.

• In case of total loss the insurer retains title to the


damaged good which he may dispose of as he
wishes.

___________________________________
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance
Sue & Labour
(Mesures conservatoires)
• The assured should act as if he was a prudent uninsured
person.

• If the owner of goods who just watched his goods being


destroyed would not be covered by his insurance as he
failed to ameliorate the loss.

• There are various costs incurred by a forwarder during the


process of investigating a claim, defending his interests
and mitigating his loss, e.g. legal and survey fees, storage
etc.
___________________________________
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance
Sue & Labour
(Mesures conservatoires)
• Expenses may be recoverable under Sue & Labor
even if the forwarder is not himself responsible.

___________________________________
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance
Sue & Labour
(Mesures conservatoires)

• The insured must protect damaged property from further


loss once a loss has occurred.

• He should act as if he was a prudent uninsured person.

• The expenses of mitigation will be borne by the insurer and


the insured "in proportion to their respective interests" in
the property. Thus, the insurer will pay the full "sue and
labor" costs if the amount of insurance is equal to or
greater than the value of the property.

___________________________________
27
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance
(le risque moral)

• is the risk arising from the nature and behaviour


of human beings connected with the subject
matter of the insurance e.g.:
– fraud - “staging” of a loss
– carelessness - not performing duties
– unreasonableness – in interpreting the policy
– trend of events – factors affecting the larger picture
such as economy of a nation.
• Moral hazards are different from physical hazards
e.g. packaging, loading conveyance etc.

___________________________________
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance

(le risque moral)

___________________________________
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance
Introduction to Insurance

Questions ?
tomsim@singnet.com.sg
Prepared & edited by Thomas Sim – July 2018

___________________________________
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance

I. What is Insurance ?
II. Who arranges the Insurance ?
III. What is Risk Management?

___________________________________
31
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance
Who Arranges Insurance ?
• Insurance can be arranged by the assured directly
with an insurance company.

• However, there are other markets available that


are not accessible to individuals because they
require specialist knowledge. Intermediaries are
therefore needed and it is the insurance broker
whose role it is to unite the assured and
underwriter.
___________________________________
32
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
How Payments is Made to an Agent ?
• The Principal must pay the Agent in accordance with the
agreement
Principal Agent Third party
(Shipowner) (Port agent) (Local store)

• In insurance, the Agent of the Assured is paid by the Insurance


Company out of the premium.
Principal Agent Third party
(insured) (broker) (Insurer)

___________________________________
33
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
World’s Largest Insurance
Brokers by value, 2015
Rank Company Revenue
1 Marsh & McLennan $12,912,000,000
2 Aon P.LC. $11,661,000,000
3 Willis Group Holdings P.LC. $8,124,000,000
4 Arthur J. Gallfaher & Co. $3,990,000,000
5 Jardine Lloyd Thompson $1,697,854,440
6 BB&T Insurance Holdings Inc. $1,676,025,014
7 Brown & Brown Inc. $1,656,951,014
8 Hub International Ltd. $1,170,477,000
9 Lockton Cos. LL.C. $1,328,569,000
10 Wells Fargo Insurance $1,316,335,000

Source: https://www.ajg.com/media/1699397/bi16012-arthurgallagher.pdf

34
World’s Top Ten Insurance
Companies in 2015
(in billions of USD)
Rank Company Revenues Country Industry

1 Berkshire Hathaway $210,821 U.S. Property/casualty


2 AXA 129,250 France Life/health
3 Allianz 122,948 Germany Property/casualty

4 Japan Post Holdings 118,762 Japan Life/health


5 Ping An Insurance 110,308 China Life/health
6 Assicurazioni Generali 102,567 Italy Life/health

7 China Life Insurance 101,274 China Life/health

8 State Farm Insurance Cos. 75,697 U.S. Property/casualty


9 MetLife 69,951 U.S. Life/health
10 Munich Re 69,433 Germany Property/casualty
http://www.iii.org/publications/international-insurance-fact-book-2016/world-rankings
35
Introduction to Insurance
The most costly insurance losses worldwide from
(in billion U.S. dollars)

___________________________________
36
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance
Introduction to Insurance

Questions ?
tomsim@singnet.com.sg
Prepared & edited by Thomas Sim – July 2018

___________________________________
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance

I. What is Insurance ?
II. Who arranges the Insurance ?
III. What is Risk Management ?

___________________________________
38
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance
Risk - (uncertainty) is still there
Peril - is still there
Probability - is still there
Loss - is mitigated

Risk Management ?

___________________________________
39
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance

• Having a good risk management policy makes


good business practice.

• By examining and evaluating risk a MTO is likely


to be more careful and prudent since appreciating
risk is one step closer to acting more cautious.

___________________________________
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Some Examples of Risks Management
• Any policy which looks at reducing accidents can
be termed risk management, including:

• Lean Logistics
– coined by Toyota to eliminate waste in production
processes.

• Six Sigma [6σ]


– coined by Motorola in the 1980s relates to reduction of
error variance in manufacturing.

___________________________________
41
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Managing the Reality…
• Insurance is often regarded as the most common
form of risk management but actually it is risk
transfer since the risk has not been managed.
• We shall look at the risks a MTO is exposed to
and the process of insurance in more detail.

‘Vacarious’

___________________________________
42
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance
Whenever goods are moved they are prone to
potential hazards…
• Understanding what happens when goods are
damaged, who is at fault and how to claim from the
responsible party enables the freight forwarder to
safeguard his and his client’s interests as well as
handle claims expediently and competently.

___________________________________
43
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance

Minimize Exposure to Risks by:

• Train staff so that they are conversant with the


standard trading conditions, bill of lading terms,
etc., and are able to handle claims and recoveries
efficiently and expeditiously.

• Ensure all documentation is correct, legible and


appropriate for the purpose.

___________________________________
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance

• Ensure the
subcontractors to
have adequate
liability insurance
cover to cover them
for their negligence.

___________________________________
45
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance
Minimize Exposure to Risks by:
• Make sure that the Standard Trading Conditions
under which he operates are understood and
accepted by his customers and his subcontractors
(e.g. ship-owners, warehousemen, road operators,
etc.).

e.g. BIFA, CIFFA, NSBS


and SLA STCs

___________________________________
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction
Introduction to Insurance
to Insurance
Minimize exposure to risks by :

• Make adequate security arrangements against theft,


pilferage, fire, etc.

___________________________________
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance
Procedures capable of giving rise to
potential Claims
• Collection of goods by MTO / sub-contractor;
• Receipt of goods from the first carrier;
• Performance of formalities (customs, import or
export);
• Booking cargo, preparation and lodging of Bills of
Lading (B/Ls), call forward, retrieval of B/Ls,
distribution of documentation;
• Insuring cargo.
___________________________________
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance
Procedures capable of giving rise to claims
potential
• Neglecting to make
reservations and
safeguarding his
principal's interests;

• Neglecting to care for


and watch over the
goods between two
carriers;
___________________________________
49
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance

• Wrong or incomplete
writing of the B/Ls

• Damage incurred by
installations such as a
crane in the port due
to an incorrect
declaration of weight.
(IMO-SOLAS VGM !)

___________________________________
50
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance
• MSC Napoli’s - The
weight of 137 (20%) of
the containers stowed
on deck differed by
more than 3 tonnes
from their declared
weights. The largest
single difference was
20 tonnes.
• IMO-SOLAS VGM –
w.e.f. 01st July 2016
___________________________________
51
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance
Potential Claims
• Omission to take cargo insurance in spite of
instructions;

• Failure to exercise due diligence in the choice of


carriers, warehousemen and other agencies on
behalf of the customer;

• Failure to notify the consignee;

• Re-export of cargo without compliance with the


necessary formalities for drawback of duty, etc.;
___________________________________
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance
Potential Claims
• Delivery of cargo without taking the bill of lading
in exchange;

• Delivery of goods to the wrong


consignee/destination or contrary to instructions;

• Delivery of goods without


collecting cash from consignees;

___________________________________
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction
Introduction to Insurance
to Insurance

Before buying insurance…


• Identify the potential risks that you are exposed
to.
• By examining and evaluating risk a MTO is likely
to be more careful and prudent since appreciating
risk is one step closer to acting more cautious.
• Having a good risk management policy makes
good business practice.

___________________________________
54
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction
Introduction to Insurance
to Insurance

___________________________________
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction
Introduction to Insurance
to Insurance

Conclusion
• Understanding risk is the first step to controlling
risk.
• Controlling risk allows the MTO to better able cope
with the hazards in international trade, stay in
business and prosper.
• Training staff about these hazards helps them to
deliver a better service to the customer thus
retaining customers and attracting new ones.

___________________________________
56
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction
Introduction to Insurance
to Insurance
Summary
• In this presentation we have looked at:
– Insurance principles and terms
– Insurance Brokers
– Risk management
– Some liabilities faces by the MTO

• In the next presentation will deal with insurance


markets.
___________________________________
57
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance

___________________________________
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance
Introduction to Insurance

Questions ?
tomsim@singnet.com.sg
Prepared & edited by Thomas Sim – July 2018

___________________________________
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction to Insurance
Introduction to Insurance

Prepared & edited by Thomas Sim – July 2017

Thomas Sim
tomsim@singnet.com.sg
___________________________________
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)
Introduction
Introduction to Insurance
to Insurance
Prepared & edited by Thomas Sim – July 2017

Thomas SIM
tomsim@singnet.com.sg

___________________________________
61
TOT Prog Addis Ababa/Ethiopia 18th–31st Jul 2018 (Thomas SIM)

You might also like