Table of Contents
What is transport insurance?
Transport insurance is damage insurance that covers any monetary interest in movable property in transit against a multitude of dangers. It serves to cover risks in domestic and foreign trade. A distinction must be made between:
Marine transport insurance, which is based on a marine insurance contract that is concluded as a framework or individual insurance contract. The upper limit of any compensation is the sum insured. The policyholder can choose between full risk coverage and stranding cover, in which the risk is only partially covered.
If a ship has an accident, it is referred to as an average. It includes all damage to the ship and cargo or shipping costs caused by accidents, e.g. B. Pilotage fee. The legal basis for average damage is the HGB (§ 700 HGB). The processing of average damage, which is often very complicated, is based on the 1974 York-Antwerp rules.
Inland transport insurance
The inland transport insurance, which applies to rail, truck and ship, has the General German Inland Transport Insurance Conditions (ADB) as the legal basis. In principle, all risks are insured, but risks based on the nature of the goods are an exception. The burden of proof lies with the insurer. So are z. B. rotten tomatoes not subject to compensation (nature of the goods). In the event of theft, however, they are liable to pay compensation as long as the insurer cannot prove that they were already rotten before the theft.
Air transport insurance
Air transport insurance, for which the General German Maritime Insurance Conditions (ADS) and additional clauses also apply. Risks that are particularly covered include: B. aircraft accidents, theft, wrong delivery, incorrect loading, pollution or weather influences.