Pregledni rad
The risk of terrorism in transport insurance
Zoran Radović
; Institut za uporedno pravo, Beograd, Srbija
Sažetak
The paper deals with relevant insurance issues concerning terrorist risk relating to insurance of vessels, aircraft and cargo shipped on board. It was felt that reexamination of insurance terms and conditions was necessary in situation that ensued after the terrorist attack on the World Trade Center in USA in 2001. Findings indicate that insurers did not have unique approach when deciding how to insure this risk, how to name it and how to distinguish it from other risks named in insurance clauses against war and political risks. It was acknowledged that it was not an easy task to determine whether the terrorist attack lasted long enough to become an armed attack. Similar difficulties appear when tackling malicious acts and vandalism. In view of the WTC terrorist attack, some important aspects of insurance covers came to light again: ''causa proxima'' and 'remote link' in order to ascertain whether the insured risk could be connected with damage that occurred and how to define 'single occurrence' when insurance wording says 'all losses or damage attributable to one cause ...'... It was stressed that the assured had to be protected in full for the premium paid. For him it is not important at all what motives perpetrators had when they made him suffer. Gray areas in insurance covers are leading to prolonged disputes only. This should be avoided.
Ključne riječi
terrorism; ship; airplane; carriage of cargo; transport insurance
Hrčak ID:
42016
URI
Datum izdavanja:
1.12.2003.
Posjeta: 1.664 *