해상보험에 있어서 항해지연손해에 관한 보험자의 면책에 관한 연구

A Study on the Exempted Losses of the Insurer against Delay of Voyage in Marine Insurance

The reasons losses caused by delay is exempted are not fixed but various by the kinds of losses of delay. First, the physical loss is exempted in an analogous manner as inherent vice or nature of the subject matter insured is exempted because that has no the accident. Losses resulting from deteroration of cargo, when the length of the voyage has been extended, cannot be recovered under a cargo policy, although the delay be attributable to an insured peril. Secondly, the loss of market may be exempted because it is commercial loss charged to the merchant. The loss of market by delay incurs the loss of the gainings benefit and takes the form of the depreciation of value without the losses of the seas. Loss of market arising from delay in the arrival of the goods, or from delay in estimating an average damage, cannot recovered under a policy on goods. the loss of market is only the company risk, but is not the risk to be considered in the marine insurance. Thirdly, the wages and provisions of the crew and other running expenses of the vessel during a period of detention for repairs of damage caused by an insured peril cannot usually be recovered. Also the loss of expense may be exempted by the rule of direct losses compensation because it is indirect or consequential losses typically.