A Legal Study On Multimodal Transport Comprehensive Liability Insurance

The multimodal transport industry has been rapidly developing against the background of the "Belt and Road" Initiative.In the process of operating multimodal transport,operators are faced with the risks of liability for compensation,such as breach of contract,tort,etc.Moreover,the liability for compensation are often accompanied with damage or loss of cargo,shipping equipment and tools.However,there is not a specific multimodal transport liability insurance clause to cover the liability of multimodal transport operators.In order to support the development of multimodal transport,encourage transportation enterprises to engage in multimodal transport and protect the interests of property rights holders and third parties,it is necessary to establish a special multimodal transport comprehensive liability insurance clause to fill this blank.The multimodal transport comprehensive liability insurance mainly covers the operators' liability for compensation in the multimodal transport operation process,accompanied by the loss of related property.As multimodal transport has become the main form of shipping used by modern third-party logistics,in the process of designing the multimodal transport comprehensive liability insurance clause,the provisions on liability for carriage of goods in the Logistics Liability Insurance Clause could be properly referenced and referenced.The provisions on liability for damage and loss of goods and shipping equipment or tools can be applied to multimodal transport.In addition,the delay of multimodal transport has certain particularity,hence there should be certain restrictions on the liability for delay.Subject to the differences in technical standards of different modes and the interaction between inner sections in multimodal transport,there are many factors that affect the on-time delivery of multimodal transport.Besides,the liability for delay in multimodal transport can be specifically divided into cargo loss caused by delays and simple delivery delays.The former meets the liability insurance requirements of the nature of underwriting liability.Hence,it should be included in the insurance clause.In respect of the compensation scope,cargo loss and consequential loss caused by delays shall be included in the scope.However,for simple delay liability,it is recommended to list it under additional risks that the insured decides whether to insure or not due to its difference from other underwriting liability.The underwriting of tariff liability should be cautious because tariff liability is mainly affected by the national trade policy and is not attributable to the insured's responsibility.Therefore,no matter from the point of view of risk uncertainty or loss measurability,tariff liabilities meet the requirements of insurability.Regarding the clause of insurance liability period,although the transportation liability period of the multimodal transport operator is "reception and delivery" but it is not a clear geographical or time standard.It is recommended to use "warehouse to warehouse" clause to solve this problem.That is to say,the liability period of each transport section is not divided and the operator delivers the goods from the warehouse or storage location in the place of shipping to the warehouse or storage location in the place of delivery.The insurance accidents that occur in the process of shipping,transshipment,warehousing are insured.The above is the entire content of the multimodal transport liability insurance clause.The development of multimodal transport comprehensive liability insurance not only requires the establishment of insurance clauses,but also requires a stable environment for the development of multimodal transport insurance at the legal system level.Moreover,multimodal transport operators are encouraged to diversify risks in the form of mutual insurance and various forms of insurance are prompted to develop.It is not only conducive to the formation of highly practical insurance clauses,but it also contribute to the construction of a benign competitive environment in insurance industry,consequently developing the multimodal transport industry.