ICC(1982)와 ICC(2009)에서의 면책조항에 관한 비교연구

A Comparative study on the Exclusions in ICC(1982) and ICC(2009)

The ICC(2009) replace the previous clauses which were in use since 1982. The ICC(2009) is more clear and easier than ICC(1982), particularly advantageous to the Assured. The Exclusions of ICC(2009) are summarized as follows: First, Loss damage or expense caused by insufficiency or unsuitability of packing is carried out by the Assured or their employees, this exclusion shall not apply to a container is stowed by independent contractors prior to attachment of cover. Second, Exclusion 4.6 has been replaced by the insolvency exclusion from the Commodity Trades Clauses, that is to say, this exclusion shall not apply where contract of insurance has been assigned to the party claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith under a binding contract. Third, In unseaworthiness and unfitness of vessel or craft, where the Assured are privy to such unseaworthiness or unfitness, and in unfitness of vessel or craft, where loading there in or thereon is carried out prior to attachment of insurance or by the Assured or their employees and they are privy to such unfitness at the time of loading. Finally, In clause 7, terrorism is defined newly. Above three clauses are more favorable to the Assured, but this clause is not. In this clause, terrorism is defined in accordance with UK Reinsurance(Acts of Terrorism) Act 1993, i.e. "caused by any person acting from a political, ideological or religious motive.