해적위험으로 인한 손해의 해상보험 담보범위에 관한 연구

This study aims to identify how maine insurance could cover piracy risks occasioned by worldwide pirate activities. Unfortunately now ITC-hulls or ICC(A) doesn’t cover piracy risks. To cover the risks shipowner or cargo interests should insure War risks. In current shipping climate, the pirates are usually willing to release ship and cargo on payment of a reasonable ransom. When a ransom is paid by one party for the release of a vessel with cargo seized by pirates, the expense is a subject of general average contribution by other parties. Some expense is naturally occurred during the negotiation period. The ransom are usually falling into general average in the adjustment of marine insurance. but with regard to negotiation period expense, in practice average adjusters had previously deemed such expense as not being a matter requiring a general average contribution even if it was agreed that the final negotiated-down ransom itself was allowable in general average. Recently England Supreme Court addressed that negotiation period expense was allowable in general average. But I think that following the Supreme Court decision, it is strongly arguable that negotiation period expense is allowable to general average in each different law regime.