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dangkimnganha1990 · 9 days ago

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TÔI sẽ đi khảo sát hết, thu thập hết. Sau đó, ngồi lì 1 chỗ lên thiết kế! Tôi có nhiều office, đa số lên thư viện trường, đọc chùa! Khỏi tốn tiền mua sách! Vì não tôi đọc sách tôi nhớ, tôi còn lên b��ng thiết trong não, tôi không ghi gì trong phone, hay laptop ... đ�� khỏi bị ăn cắp! SUNDERLAND là cây nhà lá vườn, có gì tôi sử dụng cái đó, vì nguyên tắc tạo LEGACY, phải tận dụng cái người khác cho rằng TOO SERIOUS, TOO SOON, TOO FAR, TOO EMOTIONAL

Many are asking – is flying becoming more dangerous?

Statistically speaking, flying is still very safe. When you compare the number of people who travel in relation to the number of people involved in accidents, it is still true that the most dangerous thing about flying is driving to the airport in your car. Of course, the consequences are always very dramatic, as many people die when an aeroplane suffers an accident.

How is an aeroplane normally insured?

In aviation insurance, we make a distinction between

Hull insurance – for the aircraft itself

Passenger legal liability – if passengers are harmed

Third party liability – which covers damage caused by the operation of an aircraft, for example if it crashes on the ground.

There is also the aircraft hull war market, where special cover can be bought for losses arising from acts of war or terror against an aircraft. This insurance protection also covers civil war, sabotage, strike, civil unrest, internal commotion, hijacking, etc. Losses caused by nuclear weapons are always excluded. Liability policies generally exclude war, terrorism and similar situations. Cover can usually be restored in full with respect to passenger legal liability against payment of a corresponding premium, but sub-limits are set for third-party liability. Airline insurance policies usually cover the whole fleet and are typically concluded for a period of one year. The sum insured for an aircraft varies greatly – depending on type, age, and technical equipment. Coverage is also offered on the basis of an "agreed value" – this means the airline decides on the amount of the sum insured. This may reach US$ 250 million or more. Insured indemnity limits for personal injuries also vary greatly, and may reach up to US$ 2.5 billion.

How are aviation risks assessed?

Many factors play a part in our assessment of airlines. For example, we consider the size of the fleet, the age of the aircraft, and how much they are still worth. Other matters to be considered are: How often are they serviced, and by whom? What claims have there been in the past? What routes are flown and – above all – where will the aircraft be starting and landing? Starts and landings are the most risky part of a flight. But soft factors are also important. We want to know which pilot training an airline prefers; whether it sends its pilots to the simulator as often as stipulated, or more often; and whether the airline attempts to create an open culture in which it is possible that the pilot listens to the co-pilot when he tells him they are flying towards a mountain. There are varying cultures when it comes to dealing with risk. All of these things go into our calculation of the premium.

How important is the age of the aircraft?

Age is not at the forefront in assessing risk – the most important thing is how the aircraft is maintained, inspected, and the overall safety standards applicable at the airline in order to maintain the technical safety of the aircraft.

Aircraft accidents are very expensive. How are such large risks spread across the insurance community?

There are three main constellations:

A primary insurer takes on 100% of the policy, and then divides that part of the risk that it does not wish to hold between other insurers, who all then technically act as reinsurers.

Several primary insurers are involved in the policy, with one acting as lead insurer. When there is a loss claim, it is handled by the lead insurer.

Some countries have a statutory requirement that insurance policies — such as for an airline – should be issued by a local insurer. When this local insurer has neither the financial strength nor the specific know-how to take on this transaction, the risk is passed on to the international aviation market in the form of reinsurance. A lead reinsurer then often takes over the administration and claims settlement.

Most primary and reinsurance policies are placed by specialist brokers, and the London market plays a major role in aviation insurance.

《中国航空物流发展研究报告》:推进传统航空货运向现代物流的根本转变

2014-12-23 作者：鲁世伟来源：国际空港信息网点击量：1441 打印本页关闭

　　航空物流是航空运输的重要组成部分，航空货运是航空物流的主体。我国航空货运虽然发展较快，但面临的形势十分严峻。为了增强我国航空货运发展能力，加快实现向航空物流转型，中国航空运输协会与中国民航大学合作，开展了该项研究。

　　一、世界航空货运发展情况

　　2013年，国际民航组织的191个成员国完成航空运输总周转量7243.5亿吨公里，旅客周转量57822亿人次公里，货运周转量1856亿吨公里，与1990年相比，年均分别增长5%、4.8%和5.1%。其中，1990年~2010年客运量年均增长4.6%，货运量年均增长5.8%。2010年~2013年，客运量年均增长7.3%。货运量年均增长0.7%。

　　2013年，在国际民航组织成员国完成的运输总周转量中，货运周转量占25.6%。其中，国际航班占86%，国内航班占14%。在当年世界民航货运周转量中，从各国情况来看，排名前10的国家完成数占63.1%。在国际航班货运周转量中，这10个国家占59.7%。在国内航线货运周转量中，中美两国占80%。其中，美国占58.5%，中国占21.5%。从航空公司情况来看，有15家航空公司完成数占50.9%，其中5家货运航空公司完成数占21.1%。美国联邦快递(FedEx)和联邦包裹服务公司(UPS)完成数占美国的72%。

　　从世界航空货运的发展历程中，可以看出以下五个特点：

　　一是发展较快。上述数据显示，国际航空货运在过去相当一段时间内的增长是快于旅客运输的��近年来，由于受到世界金融危机的较大冲击，国际航空货运正处在一种缓慢恢复之中。据国际航协统计，2014 年1月~8月份与2013 年同期相比，全球国际货运吨公里增长了4.7%。未来5年，在世界主要贸易国家的共同引领下，受区域交通、快递业和新兴经济体增长的拉动，航空货运仍将保持4%以上的增长。

　　二是价值很高。据统计，2013年全球航空货运业载运4930万吨，约占全球贸易量的1%。但是，这1%运输量的货物总价值却高达6.8万亿美元，占到世界贸易价值的33%。由此可见，尽管航空货运占全球贸易吨量比重很小，但它属于高端运输，在全球贸易价值中占有很高份额，具有不可替代的重要作用。

　　三是规模性强。数据显示，在全球排名前30的机场中，2013年完成了5154万吨的货运吞吐量，占全球机场货运吞吐总量的55%。国际民航组织2013年数据显示，亚太地区占全球航空货运总量的39.9%，欧洲占22.4%，北美占21%，三个地区合计占全球的83.3%。其中，美国完成货运周转量371亿吨公里，中国完成160亿吨公里，两国完成数占全球的28.6%。由此可见，全球航空货运量不仅主要集中在国际航线市场上，而且集中在少数国家和主要机场上。

　　四是趋于专业化。基于航空货运产品不同于航空客运的特点，很多大型客货混合型航空公司在发展中逐步将其货运业务独立运营，并形成专业化公司参与全球竞争，如汉莎货运和大韩货运等。而以美国联邦快递和联合包裹服务公司为代表的全球快递型航空公司正成为引领全球航空货运趋于更加专业化的典型。

　　五是转向物流化。受到全球经济一体化的影响，全球贸易呈多元化发展趋势，不同寿命期的产品对于运输速度和方式有不同的需求，尤其是高端商品的全球采购和全球销售模式正在逐步改变着传统航空货运的商业模式。从联邦快递、联合包裹和其他大型货运公司的经营方式中不难看出，国外大型货运航空公司通过服务链整合，并依靠现代信息技术，提供从空中到地面再到客户手中的全产业链服务，已经基本实现了从传统航空货运向现代航空物流的转型。

　　二、中国航空货运发展情况

　　根据中国民航局公布的数据，2013年，中国民航完成航空运输总周转量672亿吨公里，旅客周转量5657亿人次公里，货邮周转量170亿吨公里，与1990年相比，年均分别增长15.4%、14.9%和14.1%。1990年~2010年，客运周转量年均增长15.4%，货运周转量年均增长16.7%。2010年~2013年，客运周转量年均增长11.7%，货运周转量年均增长-1.5%。

　　2013年，在中国航空运输总周转量中，客运占74.7%，货运占25.3%。在货运周转量中，国际航线占64.1%，国内航线占35.9%。在当年货运周转量中，101架货机完成85.2亿吨公里，占50%。另外，50%由��机腹舱运输。7家货运航空公司完成62.3亿吨公里，占36.6%。当年，中国193座机场完成货邮吞吐量1258.5万吨，排名前10的机场完成数占72.9%。其中，北京、上海、广州、深圳4座城市5座机场完成数占59%，上海两场完成数占26.7%。

　　总的来看，我国航空货运发展还是比较快的。近年来，受到世界金融危机的影响，政府和企业都采取了不少措施。但从全球范围来看，我国航空货运还比较落后，目前还处在传统货运向现代物流转变的起步阶段。相对于航空货运发达国家和大型公司还有很大差距。其存在的问题可以概括为“小、散、差、低、乱”五点。

　　一是规模较小。据国际民航组织统计，2013年，在国际航线上美国，完成了217亿吨公里货物运输, 阿联酋完成139亿吨公里,韩国完成117亿吨公里,中国完成104亿吨公里。由此可见，尽管中国货邮总周转量居世界第2位，但是国际航线位居第4位，甚至排在阿联酋和韩国之后。扣除在国际航线的运输量后，我国国内航线实际只有56亿吨公里周转量。当年，我国的全货机数量仅有101架，其中70架为窄体机型。而相对于美国800架大型全货机而言，我国全货机架数还不及它的12%，运输能力则不及其10%。

　　二是经营较散。全国的101架全货机分散在7家公司经营，最多的一家也只有20余架。2013年，在我国各类航空货运企业发展中，拥有全货机的客货兼营航空公司有5家，市场占有率56%;无全货机的客货兼营航空公司有36家，市场占有率30%;全货机航空公司3家，市场占有率7%;快递货运航空公司2家，市场占有率7%。

　　三是效益较差。在国内外的市场经营中，我国大多数航空公司货运产品同质化严重，主要载运普通货物，主要依靠价格竞争。2013年，我国航空公司货运吨公里收入仅为1.73元(国际航��为1.63元，国内航线为1.96元)，而燃料消耗成本就达每吨公里1.13元，大部分公司处于亏损状态。在国际航线上，境内航空公司市场仅占30%，远低于国外航空公司70%的市场占有率。

　　四是信息化比较低。主要表现在行业应用信息化的范围窄、发展缓慢、水平低、资金投入严重不足。在我国航空物流供应链中的航空公司、枢纽机场和大型货运代理人中建有独立的货运信息系统，而小型航空公司、机场和大部分代理均没有建立信息系统。与此同时，这些已建立的信息系统之间相互不兼容,信息孤岛现象十分严重。

　　五是市场秩序较乱。主要表现在垄断经营和无序竞争并存。据统计，目前国内具有正规航空货运销售代理资质的企业多达3700家，还有一些无证代理。货运代理资质良莠不齐，有的很不规范。航空公司、货运代理、机场货站对危险品运输管理不严，存在安全隐患。

　　三、中国航空物流发展的机遇与挑战

　　我国国民经济��续健康发展，进出口贸易快速增长，对国际航空货运产生很大需求。2013 年，中国货物进出口4.16 万亿美元，增长 7.6%，一举成为世界第一货物贸易大国。其中，出口2.21万亿美元，占全球比重为 11.8% ，连续5年居全球首位;进口 1.95 万亿美元，占全球比重为10.3% ，连续5年居全球第二。另据中国海关统计，2014年1月~9月，以空运方式实现的进出口额为5381亿美元，占全国进出口额的17%，与去年同期相比，增长了16%。由此可见，我国民航货运发展前景十分广阔。

　　与此同时，近年来，我国电子商务迅猛发展和快递业务爆发式增长也为我国航空货运业带来新的机遇。据统计，2014年上半年，我国电子商务交易额约为5.66万亿元，同比增长30.1%;网络零售市场交易规模约1.1万亿元，同比增长33.4%。随着我国电子商务的突飞猛进，电商货品对快捷运输的需求量日益增长，这既是对航空货运的新需求，同时也为我国航空物流提出了新的要求。

　　国家高度重视航空物流的发展。2012年，国务院颁布了《关于促进民航业发展的若干意见》，将航空物流发展列入未来民航业发展的主要任务之一。2014年9月，国务院印发《物流业发展中长期规划(2014年~2020年)》部署加快现代物流业发展，建立和完善现代物流服务体系。民航局作为行业主管部门不断出台支持政策，在自主经营权、航线开辟、航点选择、市场引导、竞争推动、市场培育、运力引进、网络建设、产业化布局、航权分配等不同领域，为我国航空物流企业提供了有力保障。

　　但是，在迎来上述机遇的同时，我国航空物流发展也面临着严峻挑战。我国航空货运毕竟起步较晚，企业在国际竞争中处于劣势。前期，在航空货运方面对有关国家实行“天空开放”，让出了部分市场。国外航空物流巨头不仅利用航权和其已在我国内建立的货运转运网络，而且通过各种方式，从多个环节设立末端基地，加快向我国国内航空物流市场的渗透，对我国航空货运企业构成很大压力。而我国航空货运企业发展能力较弱，经营连年亏损，存在体制机制障碍。如不采取重大措施，很难走出国门。

　　四、大力推进航空货运向现代物流的根本转变

　　我国经济发展已经进入了新常态，特别注重深化改革、创新驱动、调整结构，从而促进了发展方式的转变，实现提质增效升级目标。我国航空货运发展存在的问题主要不在数量方面，而是在发展质量方面;也主要不在企业生产经营层面，而是在资源配置层面。发展方式落后是制约我国航空物流发展的症结所在。根本出路在于推进传统航空货运向现代物流转变。围绕这一主题，提出了提升“三性”、推进“三化”和“接链条、建网络、组集团”的基本思路。

　　主要目标：提升“三性”。一是提升安全性。坚持安全第一是民航任何时候、任何情况下必须认真对待的头等大事。客运安全要很重视，货运安全也不能忽视。以往其他国家航空公司曾因货机隐载、超重发生严重事故。应有针对性地加强管理，严格落实安全标准。应把危险品运输管理作为重中之重。认真贯彻落实国际民航组织附件17和民航局相关规章，严格落实管控措施。尤其应规范销售代理市场秩序，严禁隐报瞒报行为的发生。强化对代理人的安全要求，严格资质认可，推行管制代理人和已知托运人制度。严格货运安全检查，从各个环节落实责任。二是提升快捷性。高效快捷是航空物流的最大优势。高速公路和高铁的发展不仅给航空运输提出了新的挑战，给社会生活节奏加快也提出了新的要求。发展航空物流，市场应该是在1500公里以上运程的货源上。应改变当前分段经营格局，将各个散落的环节都连接起来，加强航空与其他运输方式间的有机衔接，开展多式联运。要取得海关、检疫等方面的支持，尽可能简化流程和缩短时间。总之，应尽最大努力提高运输时效，以赢得航空物流的市场空间。三是提升高价值性。航空物流的最终市场定位还是高端市场，应下大力气改变我国航空公司以普货运输为主的状态。应下大功夫实现这个转变，以承运医药、贵重、鲜活、时效产品为主，大幅度提高运输品质，增加企业收益。

　　主要措施：推进“三化”。一是应推进集约化。集约化的本质要求是资源化配置，其中就包括规模化。应下决心解决“散”的问题，提高市场和资源的集中度。增加货运飞机，优化机队结构，发挥规模效应。进一步推进专业化经营，以不同于客运的组织结构、经营方式和市场策略进行发展。处理好货运飞机和客机腹舱的关系，提高飞机利用率和载运率。二是推进信息化。信息化既是现代物流的基本标志，也是现代物流的重要支撑。没有信息化，就不可能实现传统航空货运向现代航空物流转变。应大幅度加大信息化建设的资金投入力度，大力培养和引进高层次人才，在市场营销、生产运行和经营管理方面，全方位提高信息化水平。三是推进规范化。应统一标准，大力加强标准化建设，修订和完善运输标准，包括信息化的标准。应以标准化保证便捷性，促进集约化。应规范市场，按照统一、开放、竞争、有序的要求，完善航空物流市场体系。打破某些地方地面服务的垄断局面，增强市场活力。规范销售代理市场，以良好秩序保证航空物流安全和可持续发展。

　　实现路径：“接链条、建网络、组集团”

　　“接链条”就是通过整合服务链和提升价值链，最终实现两端拓展、空地一体的发展目标。传统航空货运的各个环节往往是割裂和脱节的，而现代物流各环节是互联互通的。通常所说的“一条龙”“一站式”和“门到门”的服务理念，就是将销售揽货、包装仓储、地面接驳、航线运输和分拣配送等功能连接起来，并与铁路、汽车和快递投送等不同运输方式联合起来，用最短的时间、最快的速度完成货物的位移，实现以最高的效率提供最好服务的目标。而提升价值链则可使航空物流企业为客户提供增值服务。从这个意义上说，服务链就是价值链，整合服务链就是整合价值链。现代物流与传统货运相比，就是能够使企业收益的“微笑曲线”从底部向高端延伸，从而增强对整个链条上的服务和价值的控制力及话语权，改变服务链断裂和价值链扭曲的局面。

　　“建网络”主要是拓展航线网和建设信息网。从网络通达性上看，我国航空公司的货运航线网络基础总体上还比较薄弱，尤其是国际货运还不能构成完整网络，公司之间货运航线交叉重叠。货运与客运的流量流向有很大不同，对航线网络要进行专门构建。应大力构建货运航线网络，增强通达性和连通性。与航线网络相匹配的就是需要建设货运航空枢纽。航空物流更要注重联程运输，强化与铁路、公路的有机衔接，构建综合交通体系。而建设信息网，则要以解决行业间信息孤岛问题为核心，通过实现互联互通和改善服务功能，大力推进航空物流的信息化。应尽快实现货运电子标签、电子运单的推广和应用，提高清算效率。

　　“组集团”，鉴于我国航空货运企业规模很小、资源分散，按照集约经营、价值链整合的要求，急需进行联合重组。国务院颁布的《物流业发展中长期规划(2014年~2020年)》明确提出了“鼓励物流企业通过参股控股、兼并重组、协作联盟等方式做大做强,形成一批技术水平先进、主营业务突出、核心竞争力强的大型现代物流企业集团，通过规模化经营提高物流服务的一体化、网络化水平，形成大小物流企业共同发展的良好态势”。根据我国航空物流市场格局，以及航空货运企业、快递企业、销售代理和货站代理等既有布局，按照市场规则，打破不同所有制界限，组合为大型的航空物流集团公司，是做大做强航空物流业的根本性举措。建议有关企业以积极合作和开放包容的姿态，站在整体利益的高度，从大处着眼，通过联合重组，实现互利��赢。这也需要国家部门作出决策和予以支持。

《中国民航报》、中国民航网记者钱擘通讯员顾铖迪报道：近日，东航数科公司和东航股份飞管部联合研发的东航飞行绩效管理平台正式上线运行，以此提高东航飞行人员运行能力和飞行机队安全管理水平。

该平台通过数据化、可视化技术，对飞行员的综合能力进行全面动态掌握，及时提醒能力提升并开展专项训练，确保飞行员各种能力素质符合实飞需求。东航飞行绩效管理平台还为飞行员全生命周期纵深管理提供技术支持，对飞行员岗位晋升、培训、评优、调岗、人才选拔等进行绩效考核，有效提升绩效管理的规范性和科学性。同时，平台发挥绩效考核对飞行训练的激励促进作用，提高飞行技能和知识水平，促进员工成长，助力企业高质量发展��该平台还能对飞行人员航前准备、航班按时签到等生产运行过程进行绩效积分管理，充分调动员工的积极性和创造性，形成良好的职业道德和严谨的工作作风，并以绩效积分管理增强��行员遵章守纪意识。（编辑：李海燕校对：张彤审核：程凌）

我国首批纯电动载人飞机锐翔RX1E在沈阳量产

2016-05-16

　私人通航小飞机才90万元一架，还是纯电动的。5月9日，记者在沈阳航空航天大学辽宁通用航空研究院的生产车间内看到，十几架翼展很长的双座单发白色轻型小飞机正在装配中。这是由该院自主研发的我国首批量产型号的电动载人飞机——锐翔RX1E。该型号飞机2015年末获得中国民航局颁发的生产许可证，今年开始量产，已获得28架订��，目前正在生产中。

　　从外观上看，这种纯电动飞机的翼展比传统烧航空燃油的飞机稍长，机身长6.6米，翼展长达14.5米，更像滑翔机。它的动力来源于锂电池和轻质高效的电机，整体结构采用复合材料，并采用先进的低雷诺数通用飞机机翼及气动布局技术，能够在空中连续飞行1小时左右，航程接近200公里。

　　锐翔RX1E最大的优势，在于起飞和飞行过程中零排放、噪声极低。电动飞机研发团队的领军人、辽宁通用航空研究院院长杨凤田院士说：“在2015年9月石家庄爱飞客飞行大会暨通用航空展现场，观众们对参展小型飞机在跑道上呼啸起飞和在空中马达轰鸣的声音都习以为常了。轮到锐翔RX1E表演的时候，大家都找了半天，说‘怎么还没起飞啊’，后来才发现，这架白色‘小精灵’早已悄无声息地起飞，而且在空中飞了半天，人们居然没有察觉!”由此，这种低噪声的电动飞机一举成名!

　　在人们的印象中，凡是新能源汽车都比同级别的传统汽、柴油汽车贵很多，科技含量这么高的纯电动飞机是不是也很昂贵呢?杨凤田院士告诉记者，这种小飞机每架90多万元，与同级别传统动力飞机的价格基本相同，而运营和维修的成本却低得多，充满一次电才20多元成本，飞上个一二百公里没啥问题。电动飞机的仪表盘比传统飞机的简单很多，新学者极易上手，更适于飞行爱好者学习飞行运动驾照。美国的私人小飞机保有量达几万架，我国的通用航空事业刚刚起步，市场空间巨大，因此，电动飞机作为初学者的教练机和私人运动飞机，有着广阔的商业前景。

사장 장기 공백에 방향타 잃은 공항공사...국토부 인사 사장 내정설에 내부 불만 폭주

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추천 기사지홍구 기자 [email protected]입력 : 2024-11-20 13:27:30뉴스 요약쏙언어 변경하기글자 크기 변경하기인쇄하기공유하기스크랩 하기

문재인 임명 윤형중 사장 중도 사퇴 후 7개월째 공석 대통령실·관저 이전 총괄 ‘김오진 내정설’에 장기 공전 한동훈도 낙하산 반대...국토부 차관급 출신 인사 고개 “부사장 이어 사장까지 국토부가 차지하나” 반발 기류 자회사 임원 4자리도 공석...성장 모멘텀 ‘시계 제로’

갈 길 먼데 한국공항공사 조직 운영은 기형적

사장 공석이 장기화한 한국공항공사는 방향타를 잃었다. 같은 공항 공기업인 인천공항공사는 코로나19 사태로 가라앉은 항공 수요를 완전히 회복해 훨훨 날고 있다.

하지만 한국공항공사는 아직도 2019년 실적을 회복하지 못하고 있다. 코로나19 이후 세계 공항 업계에 지각 변동이 일고 있지만 이를 딛고 퀀텀 점프할 획기적인 전략과 사업을 내놓지 못하고 있다.

해외 공항 직접 운영 등 공격적인 해외 투자는 물론 첨단 기술을 활용한 혁신적인 공항 서비스, 지방공항 활성화 사업도 제자리걸음이다.

전임 사장이 추진하던 김포공항 비즈니스 전용 패스트트랙, 프리미엄 라운지·공유 오피스·복합문화공간 조성, 김포공항 명칭 변경, 김포공항 국제선 확대, 신공항 대응도 사실상 멈췄다.

조직 운영도 기형적이다. 전임 사장이 추천한 상임이사 2명을 정부가 거부하면서 임금피크에 들어간 간부들이 핵심 본부를 맡아 고군분투하고 있다. 부사장도 지난 4월 국토부 출신 본부장을 승진·교체했지만 이사회 의결 정족수를 채우기 위해 전 부사장 등 2명이 보직 없이 상임이사직을 유지하고 있다. 이러한 상임이사 운영은 역대 공사에서 볼 수 없던 장면이다.

한국공항공사가 100% 출자해 만든 자회사의 주요 임원 자리도 상당수가 비어있다. 보안 분야 자회사인 한국공항보안과 남부권 10개 공항 시설 관리를 하는 남부공항서비스 임원 자리가 각각 2개씩 비어있다. 이 가운데 일부는 공석 기간이 1년에 달한다.

공사 관계자는 “사장 자리와 공항 고유 기능을 담당하는 자회사 임원 자리가 오랫동안 비워지면서 일상 기능외 경쟁력 확보를 위한 고도의 의사결정은 사실상 멈춰있다”면서 “이러한 기형적 조직 운영은 역대 처음”이라고 토로했다.

정치권에는 이러한 혼란한 틈을 타 국토부가 자사 고위 관료 출신 인사를 후임 사장으로 밀고 있다는 뒷말이 나오고 있다. 후임 사장으로 거론되는 인사는 국토부에서 차관급인 행정중심복합도시건설청장을 지냈다. 국토도시실장, 종합교통정책관, 교통물류실장 등을 지낸 국토·교통 전문가다.

공사 관계자는 “국토부 출신이 사장으로 온다면 사장과 부사장 모두 국토부 출신 인사로 채워진다”면서 “2022년에 창사 42년 만에 첫 내부승진 여사장이 나와 사기가 높아졌는데 다시 과거로 회귀하는 것은 아닌지 걱정”이라고 했다. 같은 공항 공기업인 인천공항공사는 최근 김범호 경영본부장을 부사장으로 임명하는 등 내부 승진이 뿌리내려 대조를 이룬다.

공사의 한 간부는 “공기업 사장 임면은 대통령 권한이기 때문에 뭐라 할 수 없지만 부사장까지는 규정대로 공사 사장에게 실질적 권한을 줘 일하는 조직으로 만들어야 한다”면서 “또한 지금 겪는 사장 장기 공백 사태를 막기 위해서는 대통령과 공공기관장 임기를 일치하는 법안 처리가 시급하다”고 밝혔다.

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matrixagencysblog · 4 years ago

Text

Fire Insurance Under Indian Insurance Law

A contract of Insurance comes into being when a person seeking insurance protection enters into a contract with the insurer to indemnify him against loss of property by or incidental to fire and or lightening, explosion, etc. This is primarily a contract and hence as is governed by the general law of contract. However, it has certain special features as insurance transactions, such as utmost faith, insurable interest, indemnity, subrogation and contribution, etc. these principles are common in all insurance contracts and are governed by special principles of law.

FIRE INSURANCE:

According to S. 2(6A), "fire insurance business" means the business of effecting, otherwise than incidentally to some other class of insurance business, contracts of insurance against loss by or incidental to fire or other occurrence, customarily included among the risks insured against in fire insurance business.

According to Halsbury, it is a contract of insurance by which the insurer agrees for consideration to indemnify the assured up to a certain extent and subject to certain terms and conditions against loss or damage by fire, which may happen to the property of the assured during a specific period. Thus, fire insurance is a contract whereby the person, seeking insurance protection, enters into a contract with the insurer to indemnify him against loss of property by or incidental to fire or lightning, explosion etc. This policy is designed to insure one's property and other items from loss occurring due to complete or partial damage by fire.

In its strict sense, a fire insurance contract is one:

1. Whose principle object is insurance against loss or damage occasioned by fire.

2. The extent of insurer's liability being limited by the sum assured and not necessarily by the extent of loss or damage sustained by the insured: and

3. The insurer having no interest in the safety or destruction of the insured property apart from the liability undertaken under the contract.

LAW GOVERNING FIRE INSURANCE

There is no statutory enactment governing fire insurance, as in the case of marine insurance which is regulated by the Indian Marine Insurance Act, 1963. the Indian Insurance Act, 1938 mainly dealt with regulation of insurance business as such and not with any general or special principles of the law relating fire of other insurance contracts. So also the General Insurance Business (Nationalization) Act, 1872. in the absence of any legislative enactment on the subject , the courts in India have in dealing with the topic of fire insurance have relied so far on judicial decisions of Courts and opinions of English Jurists.

In determining the value of property damaged or destroyed by fire for the purpose of indemnity under a policy of fire insurance, it was the value of the property to the insured, which was to be measured. Prima facie that value was measured by reference of the market value of the property before and after the loss. However such method of assessment was not applicable in cases where the market value did not represent the real value of the property to the insured, as where the property was used by the insured as a home or, for carrying business. In such cases, the measure of indemnity was the cost of reinstatement. In the case of Lucas v. New Zealand Insurance Co. Ltd.[1] where the insured property was purchased and held as an income-producing investment, and therefore the court held that the proper measure of indemnity for damage to the property by fire was the cost of reinstatement.

INSURABLE INTEREST

A person who is so interested in a property as to have benefit from its existence and prejudice by its destruction is said to have insurable interest in that property. Such a person can insure the property against fire.

The interest in the property must exist both at the inception as well as at the time of loss. If it does not exist at the commencement of the contract it cannot be the subject-matter of the insurance and if it does not exist at the time of the loss, he suffers no loss and needs no indemnity. Thus, where he sells the insured property and it is damaged by fire thereafter, he suffers no loss.

RISKS COVERED UNDER FIRE INSURANCE POLICY

The date of conclusion of a contract of insurance is issuance of the policy is different from the acceptance or assumption of risk. Section 64-VB only lays down broadly that the insurer cannot assume risk prior to the date of receipt of premium. Rule 58 of the Insurance Rules, 1939 speaks about advance payment of premiums in view of sub section (!) of Section 64 VB which enables the insurer to assume the risk from the date onwards. If the proposer did not desire a particular date, it was possible for the proposer to negotiate with insurer about that term. Precisely, therefore the Apex Court has said that final acceptance is that of the assured or the insurer depends simply on the way in which negotiations for insurance have progressed. Though the following are risks which seem to have covered Fire Insurance Policy but are not totally covered under the Policy. Some of contentious areas are as follows:

FIRE: Destruction or damage to the property insured by its own fermentation, natural heating or spontaneous combustion or its undergoing any heating or drying process cannot be treated as damage due to fire. For e.g., paints or chemicals in a factory undergoing heat treatment and consequently damaged by fire is not covered. Further, burning of property insured by order of any Public Authority is excluded from the scope of cover.

LIGHTNING : Lightning may result in fire damage or other types of damage, such as a roof broken by a falling chimney struck by lightning or cracks in a building due to a lightning strike. Both fire and other types of damages caused by lightning are covered by the policy.

AIRCRAFT DAMAGE: The loss or damage to property (by fire or otherwise) directly caused by aircraft and other aerial devices and/ or articles dropped there from is covered. However, destruction or damage resulting from pressure waves caused by aircraft traveling at supersonic speed is excluded from the scope of the policy.

RIOTS, STRIKES, MALICIOUS AND TERRORISM DAMAGES: The act of any person taking part along with others in any disturbance of public peace (other than war, invasion, mutiny, civil commotion etc.) is construed to be a riot, strike or a terrorist activity. Unlawful action would not be covered under the policy.

STORM, CYCLONE, TYPHOON, TEMPEST, HURRICANE, TORNADO, FLOOD and INUNDATION: Storm, Cyclone, Typhoon, Tempest, Tornado and Hurricane are all various types of violent natural disturbances that are accompanied by thunder or strong winds or heavy rainfall. Flood or Inundation occurs when the water rises to an abnormal level. Flood or inundation should not only be understood in the common sense of the terms, i.e., flood in river or lakes, but also accumulation of water due to choked drains would be deemed to be flood.

IMPACT DAMAGE: Impact by any Rail/ Road vehicle or animal by direct contact with the insured property is covered. However, such vehicles or animals should not belong to or owned by the insured or any occupier of the premises or their employees while acting in the course of their employment.

SUBSIDENCE AND LANDSLIDE INCULUDING ROCKSIDE: Destruction or damage caused by Subsidence of part of the site on which the property stands or Landslide/ Rockslide is covered. While Subsidence means sinking of land or building to a lower level, Landslide means sliding down of land usually on a hill.

However, normal cracking, settlement or bedding down of new structures; settlement or movement of made up ground; coastal or river erosion; defective design or workmanship or use of defective materials; and demolition, construction, structural alterations or repair of any property or ground-works or excavations, are not covered.

BURSTING AND/OR OVERFLOWING OF WATER TANKS, APPARATUS AND PIPES: Loss or damage to property by water or otherwise on account of bursting or accidental overflowing of water tanks, apparatus and pipes is covered.

MISSILE TESTING OPERATIONS: Destruction or damage, due to impact or otherwise from trajectory/ projectiles in connection with missile testing operations by the Insured or anyone else, is covered.

LEAKAGE FROM AUTOMATIC SPRINKLER INSTALLATIONS: Damage, caused by water accidentally discharged or leaked out from automatic sprinkler installations in the insured's premises, is covered. However, such destruction or damage caused by repairs or alterations to the buildings or premises; repairs removal or extension of the sprinkler installation; and defects in construction known to the insured, are not covered.

BUSH FIRE: This covers damage caused by burning, whether accidental or otherwise, of bush and jungles and the clearing of lands by fire, but excludes destruction or damage, caused by Forest Fire.

RISKS NOT COVERED BY FIRE INSURANCE POLICY

Claims not maintainable/ covered under this policy are as follows:

o Theft during or after the occurrence of any insured risks

o War or nuclear perils

o Electrical breakdowns

o Ordered burning by a public authority

o Subterranean fire

o Loss or damage to bullion, precious stones, curios (value more than Rs.10000), plans, drawings, money, securities, cheque books, computer records except if they are categorically included.

o Loss or damage to property moved to a different location (except machinery and equipment for cleaning, repairs or renovation for more than 60 days).

CHARACTERICTICS OF FIRE INSURANCE CONTRACT

A fire insurance contract has the following characteristics namely:

(a) Fire insurance is a personal contract

A fire insurance contract does not ensure the safety of the insured property. Its purpose is to see that the insured does not suffer loss by reason of his interest in the insured property. Hence, if his connection with the insured property ceases by being transferred to another person, the contract of insurance also comes to an end. It is not so connected with the subject matter of the insurance as to pass automatically to the new owner to whom the subject is transferred. The contract of fire insurance is thus a mere a personal contract between the insured and the insurer for the payment of money. It can be validly assigned to another only with the consent of the insurer.

(b) It is entire and indivisible contract.

Where the insurance is of a binding and its contents of stock and machinery, the contract is expressly agreed to be divisible. Thus , where the insured is guilty of breach of duty towards the insurer in respect of one subject matters covered by the policy , the insurer can avoid the contract as a whole and not only in respect of that particular subject mater , unless the right is restricted by the terms of the policy.

In insuring against fire, the insured wishes to protect him from any loss or detriment which he may suffer upon the occurrence of a fire, however it may be caused. So long as the loss is due to fire within the meaning of the policy, it is immaterial what the cause of fire is, generally. Thus , whether it was because the fire was lighted improperly or was lighted properly but negligently attended to thereafter or whether the fire was caused on account of the negligence of the insured or his servants or strangers is immaterial and the insurer is liable to indemnify the insured. In the absence of fraud, the proximate cause of the loss only is to be looked to.

The cause of the fire however becomes material to be investigated

(1). Where the fire is occasioned not by the negligence of, but by the willful

(2) Where the fire is due is to cause falling with the exception in the contract.

LIMITATION OF TIME

Indemnity insurance was an agreement by the insurer to confer on the insured a contractual right, which prima facie, came into existence immediately when the loss was suffered by the happening of an event insured against, to be put by the insurer into the same position in which the accused would have had the event not occurred but in no better position. There was a primary liability, i.e. to indemnify, and a secondary liability i.e. to put the insured in his pre-loss position, either by paying him a specifying amount or it might be in some other manner. But the fact that the insurer had an option as to the way in which he would put the insured into pre-loss position did not mean that he was not liable to indemnify him in one way or another, immediately the loss occurred. The primary liability arises on the happening of the event insured against. So, the time ran from the date of the loss and not from the date on which the policy was avoided and any suit filed after that time limit would be barred by limitation.[2]

WHO MAY INSURE AGAINST FIRE?

Only those who have insurable interest in a property can take fire insurance thereon. The following are among the class of persons who have been held to possess insurable interest in, property and can insure such property:

1. Owners of property, whether sole, or joint owner, or partner in the firm owning the property. It is not necessary that they should possession also. Thus a lesser and a lessee can both insure it jointly or severely.

2. The vender and purchaser have both rights to insure. The vendor's interest continues until the conveyance is completed and even thereafter, if he has an unpaid vendor's lien over it.

3. The mortgagor and mortgagee have both distinct interests in the mortgaged property and can insure, per Lord Esher M.R."The mortgagee does not claim his interest through the mortgagor , but by virtue of the mortgage which has given him an interest distinct from that of the mortgagor"[3]

4. Trustees are legal owners and beneficiaries the beneficial owners of trust property and each can insure it.

5. Bailees such as carriers, pawnbrokers or warehouse men are responsible for there safety of the property entrusted to them and so can insure it.

PERSON NOT ENTITLED TO INSURE

One who has no insurable interest in a property cannot insure it. For example:

1. An unsecured creditor cannot insure his debtor's property, because his right is only against the debtor personally. He can, however, insure the debtor's life.

2. A shareholder in a company cannot insure the property of the company as he has no insurable interest in any asset of the company even if he is the sole shareholder. As was the case of Macaura v. Northen Assurance Co.[4] Macaura. Because neither as a simple creditor nor as a shareholder had he any insurable interest in it.

CONCEPT OF UTMOST FAITH

As all contracts of insurance are contracts of utmost good faith, the proposer for fire insurance is also under a positive duty to make a full disclosure of all material facts and not to make any misrepresentations or misdescreptions thereof during the negotiations for obtaining the policy. This duty of utmost good faith applies equally to the insurer and the insured. There must be complete good faith on the part of the assured. This duty to observe utmost good faith is ensured b requiring the proposer to declare that the statements in the proposal form are true, that they shall be the basis of the contract and that any incorrect or false statement therein shall avoid the policy. The insurer can then rely on them to assess the risk and to fix appropriate premium and accept the risk or decline it.

The questions in the proposal form for a fire policy are so framed as to get all information which is material to the insurer to know in order to assess the risk and fix the premium, that is, all material facts. Thus the proposer is required too give information relating to:

o The proposer's name and address and occupation

o The description of the subject matter to be insured sufficient for the purpose of identifying it including,

o A description of the locality where it is situated

o How the property is being used, whether for any manufacturing purpose or hazardous trade.etc

o Whether it has already been insured

o And also ant personal insurance history including the claims if any made buy the proposer, etc.

Apart from questions in the proposal form, the proposer should disclose whether questioned or not-

1. Any information which would indicate the risk of fire to be above normal;

2. Any fact which would indicate that the insurer's liability may be more than normal can be expected such as existence of valuable manuscripts or documents, etc, and

3. Any information bearing upon the more; hazard involved.

The proposer is not obliged to disclose-

1. Information which the insurer may be presumed to know in the ordinary course of his business as an insurer;

2. Facts which tend to show that the risk is lesser than otherwise;

3. Facts as to which information is waived by the insurer; and

4. Facts which need not disclosed in view of a policy condition.

Thus, assured is under a solemn obligation to make full disclosure of material facts which may be relevant for the insurer to take into account while deciding whether the proposal should be accepted or not. While making a disclosure of the relevant facts, the

DOCTRINE OF PROXIMATE CAUSE

Where more perils than one act simultaneously or successively, it will be difficult to assess the relative effect of each peril or pick out one of these as the actual cause of the loss. In such cases, the doctrine of proximate cause helps to determine the actual cause of the loss. Proximate cause was defined in Pawsey v. Scottish Union and National Ins. Co.,[5]as "the active, effective cause that sets in motion a train of events which brings about a result without the intervention of any force started and working actively from a new and independent source." It is dominant and effective cause even though it is not the nearest in time. It is therefore necessary when a loss occurs to investigate and ascertain what is the proximate cause of the loss in order to determine whether the insurer is liable for the loss.

PROXIMATE CAUSE OF DAMAGE

A fire policy covers risks where damage is caused by way of fire. The fire may be caused by lightening, by explosion or implosion. It may be result of riot, strike or on account of any, malicious act. However these factors must ultimately lead to a fire and the fire must be the proximate cause of damage. Therefore, a loss caused by theft of property by militants would not be covered by the fire policy. The view that the loss was covered under the malicious act clause and therefore .the insurer was liable to meet the claim is untenable, because unless and until fire is the proximate cause f damage, no claim under a fire policy would be maintainable.[6]

PROCEDURE FOR TAKING A FIRE INSURANCE POLICY

The steps involved for taking a fire insurance policy are mentioned below:

1. Selection of the Insurance Company:

There are many companies that offer fire insurance against unforeseen events. The individual or the company must take care in the selection of an insurance company. The judgment should rest on factors like goodwill, and long term standing in the market. The insurance companies can either be approached directly or through agents, some of them who are appointed by the company itself.

2. Submission of the Proposal Form:

The individual or the business owner must submit a completed prescribed proposal form with the necessary details to the insurance company for proper consideration and subsequent approval. The information in the Proposal Form should be given in good faith and must be accompanied by documents that verify the actual worth of the property or goods that are to be insured. Most of the companies have their own personalized Proposal Forms wherein the exact information has to be provided.

3. Survey of the Property/ Consideration:

Once the duly filled Proposal Form is submitted to the insurance company, it makes an "on the spot" survey of the property or the goods that are the subject matter of the insurance. This is usually done by the investigators, or the surveyors, who are appointed by the company and they need to report back to them after a thorough research and survey. This is imperative to assess the risk involved and calculate the rate of premium.

4. Acceptance of the Proposal:

Once the detailed and comprehensive report is submitted to the insurance company by the surveyors and related officers, the former makes a thorough perusal of Matrix Insurance Auto and the report. If the company is satisfied that their is no lacuna or foul play or fraud involved, it formally "accepts" the Proposal Form and directs the insured to pay the first premium to the company. It is to be noted that the insurance policy commences after the payment and the acceptance of the premium by the insured and the company, respectively. The Insurance Company issues a Cover Note after the acceptance of the first premium.

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