W.P.A.-F.P.A. 水渍险与平安险
B: you see, Mr Smith, the situation would be somewhat different if you had put in your letter of credit the words "all risks" instead of "all marine risks". Under an "all risks" cover, loss by breakage would have been recoverable, because, though by the word"risks"is meant that any loss occurring must be due to some fortuitous happening and through external cause, when a loss does arise in transit it will be often rather difficult to distinguish between accidental and ordinary loss, especially as far as breakage or leakage is concerned, In such cases, ordinary loss will quite possibly be included in a claim and met by the insurer.
白：史密斯先生，你知道，如果你在信用证上注明"一切险"而不是"一切海洋运输货
物险"，情况就有所不同了。按"一切险"投保，破碎损失就能得到赔偿，因为虽然这个"险"字是指：必须由于某些偶然事故与外部原因所造成的损失，但当货物在运输途中发生损失时，常常很难区分是意外的或是普通的损失，特别是有关破碎或渗漏。在这种情况下，普通损失很可能就包括在索赔之列而得到承保方的理赔。
S: Then "all marine risks"means less than "all risks"?
B: The English understand by "Marine risks"only risks incident to transport by sea, such as collision, standing, fire, penetration of sea water into the holds of the ships, etc. In other words, under the "all marine risks",losses recoverable will only be confined to those arising from perils of the sea and maritime accidents, whereas the "all risks"cover will admit all losses occurring at any time throughout the whole currency of the cover, irrespective of whether they are caused by accidents at sea or on land. In this sense,"all marine risks"provides a more limited cover than "all risks". In insurance parlance, the term"all marine risks"is liable to be misinterpreted and its use should be avoided in letters of credit. Now let us turn to loses through "inherent vice or nature of the subject matter insured",such as deterioration of food, leakage of liquid and breakage of glass or ceramics. These are not considered marine risks. Risks of this kind must be specifically applied for and explicitly accepted by the insurer.
史：那么"一切海洋运输货物险"是否意味着比"一切险"范围狭一些呢？
白：英国人对"海洋运输货物险"只理解为海运中的意外风险，诸如船舶碰撞，搁浅，
起火，海水进入船舱等。换句话说，以"一切海洋运输货物险"投保，其损失的 赔偿只限于因海上灾难和海运意外事故所引起的损失，而保"一切险"，在整个承保期内的任何时间，不论在海上或陆上所产生的意外事故，其全部损失都予以赔偿。在这个含义上"一切海洋运输货物险"比"一切险"所承保的责任范围更为有限。按保险的说法，"一切海洋运输货物险"条款容易被误解，应避免在信用证中使用。现在我来谈谈因"货物内在缺陷或特性"，诸如：由于物品变质，液体渗漏以及玻璃或陶瓷器破碎所引起的损失。这些都不认为是海洋运输货物险。这类特殊险别必须特别投保并须得到承保方明确接受。
S: That seems clear enough, now that you have explained it. but what I don\'t understand at this moment is the advantage of W.P.A.cover. I thought that the W.P.A. insurance should cover all principal risks whilst, according to what you say, this W.P.A. cover means very little. It seems to be a phrase without much substance. Just what is the difference between W.P.A. and F.P.A.?
史：现在经你这样解释，似乎够清楚了。不过现在我不明白的是，保"水渍险"有什么
好处。我想"水渍险"应包括全部主要风险，而根据你所说的，这种水渍险所承保 责任却最很少。徒有其名而没有很多内容。那么"水渍险"和"平安险"有什么区别呢？
B: Your question is very much to the point, Mr Smith. It is a very common but mistaken idea that a merchant has done every common but mistaken idea that a merchant has hone everything that is required to protect himself against losses when he has taken out a W.P.A. insurance. There is, perhaps, no mistake more detrimental to his interests.
白：史密斯先生，你的问题提到点子上来了。这是个很普遍，但是个错误的想法，那就是商人投保了"水渍险"便以为足以保障各种损失。恐怕没有别的错误比这更为有害于他们自己的利益。
S: That interests me very much. I must confess that I was under the impression that a W.P.A. insurance was quite sufficient and that losses due to breakage were covered. I know that F.P.A. insurance dose not cover losses on consumer goods, but I did think that the W.P.A. insurance covered more risks than the F.P.A.
史：这很有意思。我得承认以往我是以为投保水渍险就足够了，包括由于破碎而引起的损失在内。我知道平安险并不包括消费品的种种损失。但我的确认为水渍险承保的
范围比平安险要宽得多。
B: Actually it is like this. There is some difference between WPA and FPA. The FPA clause does not cover partial loss of the nature of particular average, whereas the WPA clause over such losses when they exceed a prearranged prearranged percentage. For instance, when WPA3% cover is taken out, a particular average loss under 3% of the insured amount will not be recoverable but one amounting to or exceeding 3% of the insured amount will be paid. This is the only difference between WPA and FPA. Otherwise, the protection under the FPA clause will be almost identical with that offered by the WPA clause, because in the event of maritime accidents being encountered in transit, such as stranding ,fire, explosion or collision, both clauses will cover particular average losses in full. In present day particular, a WPAIOP cover, that is,"With Particular Average Irrespective of percentage"is not infrequently granted, in which case all particular average losses of an accidental nature will be recoverable and the protection will be much wider than the FPA clause.
白：实际上是这样的。水渍险和平安险是有些不同。平安险条款不包括单独海损性质的部分损失，而水债险条款当超过事先商定的百分比时，则包括此类损失。譬如：投
保了"百分之三的水渍险"（WPA3%），当单独海损的损失在所保金额的百分之三
以下时。不赔，但是损失达到成超过所保金额百分之三时，则赔偿。这是水渍险和
平安险唯一不同之处。除此之外，平安险所承担的责任与水渍险所承担的责任几乎
相同、因为万一在运输途中遭遇海上意外事故，诸如搁浅、着火、爆炸或碰撞，这
两种保险条款都全部赔偿单独海损的损失。现行惯例，投保WPAIOP即"无免赔率的
水清险"是常常承保的，在这种情况下，属于意外性质的单独海损的所有损失都将
给予赔偿，承担的责任范围比平安险要宽阔得多。
S: I don\'t mean to annoy you, Mr Bai, I don\'t quite grasp this, Couldn\'t you say it in more understandable terms?
史：白先生，我并不想叫你生气，不过我还抓不住要领，你能否用更易懂的语言谈一谈呢？
B: I\'ll try. Neither the WPA nor the FPA mentions the risks covered or the risks excluded. The extent of insurance is stipulated in the basic policy form and in the various risks excluded. The extent of insurance is stipulated in the basic policy form and in the various risk clauses. Look at the insurance certificates and you will find that the risks of theft and you will find that the risks of theft and pilferage, freshwater, oil, grease, hooks, breakage, leakage, contamination, deterioration, etc. are specifically mentioned, and must be specifically applied for. These are special risks. FPA stands for "Free from Particular Average"while WPA or WA stands for "With Particular Average."
白：我试试看。无论水渍险还是平安险都不指明包括那些险别，或不包括那些险别。保险范围是写在基本保险单内和在各种险别的条款里。看一下保险凭证，你看，对偷
窃除，淡水险，沾染油渍险，油污险，破损险，破碎险，渗漏险，沽污险，变质险
等，都是特别提出来的，必须特别申保。这些就是特别险。FPA是代表"Free from
Particular Average"（平安险）而WPA或WA是代表"With ParticularAverage"
（水渍险）。
S: Mr Bai, I must say that you have corrected my ideas about the insurance. I see now that this is far more complicated than I ever imagined.
L: Now I know why you often point out to us the wording of some letter of credit which you don\'t feel happy about. But what are we to do about it? We must keep to the stipulations of the contract and the letter of credit.
史:白先生，我该说你已经纠正了我对保险的想法。我现在明白，保险问题比我以往所
想象的要复杂得多。
李：现在我才了解为什么你经常向我们指出对某些信用证的措词你感到不愉快。不过，
我们该怎么办？我们一定要遵守合同和信用证的规定。
S: the blame rests not alone with the letter of credit. I think the Light industrial Products Corporation should have understood from our letter of credit that we wanted the cover of all risks, including the risk of breakage. So the error was on both sides. I think the loss ought to be shared by both parties. I think the loss ought to be shared by both parties - let us say half and half.
史：不单是信用证的过错。我想轻工业品公司理应从我们的信用证中领会到我们要保的是一切险，包括破碎险在内。所以双方都有错误。我认为损失应由双方承担，我们就各负担一半吧。
L: Our price calculation could hardly admit that, Besides, we acted upon your instructions so this is not our fault.
李：我们所出的价格，难以接受你的提议。此外，我们是按照你们要求办理的，所以这不是 我们的过错。
B: (rising ) I sincerely hope that you gentlemen will settle the to our mutual satisfaction.
白：（站起身来）我衷心希望你们两位把这件事解决好，使双方都满意。
S: It goes without saying that both parties must abide by the contract terms which we have agreed upon and signed. This blunder, which is due to my ignorance, costs me a pretty penny.
史：毫无疑问，双方必须遵守已经同意并已签署过的合同条款。这次疏忽是由于我的无知，使我破费了不少钱。
L: We also have learned a lesson from this.
李：我们也从这件事吸取了教训。
S: To compensate a part of the loss, may I ask you to make us a firm offer for 50000pieces glazed wall tile CIF Manila including the risk of breakage, November shipment?
史：为了补偿部分损失，可否请你们报给我们一个实盘，50000块釉瓷砖， CIF马尼拉， 包括破碎险，十一月装船？
L: We\'ll make you an offer tomorrow. Come and see us at 9a.m.
李：我们明天给你报盘，请上午九点来和我们碰头。
S: Thank you. Then tomorrow at 9.
史：谢谢你，明天九点再见。
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