Our Expert in Taiwan
No results available
Last updated: July 8, 2026
Filing a marine insurance claim in Taiwan requires precise timing, correct documentation, and an understanding of both statutory obligations and insurer-specific procedures. Whether the loss involves containerised cargo damaged during discharge at Kaohsiung, a hull collision in the Taiwan Strait, or a General Average (GA) declaration affecting multiple interests, the claim process follows a broadly consistent sequence, from immediate notice through survey, formal filing, and settlement or subrogation. This guide sets out how to file a marine insurance claim in Taiwan step by step, covering the cargo claim process, hull claim procedure, notice requirements, documents needed, costs, key deadlines, and the practical impact of 2026 IFRS 17 reporting changes on insurer reserving and cross-border reinsurance recoveries.
Taiwan’s marine insurance framework is governed principally by the Insurance Act (保險法) and the maritime-specific provisions of the Maritime Law (海商法), both accessible through the Laws and Regulations Database maintained by the Ministry of Justice. The Financial Supervisory Commission (FSC) Insurance Bureau supervises all licensed insurers and sets rules on claim handling, disclosure, and policyholder protection. Salvage and port-related procedures fall under the Ministry of Transportation and Communications (MOTC) Maritime and Port Bureau, while cargo release documentation interfaces with the Taiwan Customs Administration.
This guide is written for four audiences: cargo owners and consignees insured under Institute Cargo Clauses (A), (B), or (C) policies; shipowners holding hull and machinery (H&M) cover; P&I clubs managing third-party liabilities; and maritime underwriters or reinsurers coordinating cross-border recoveries. The procedure also applies to freight forwarders, logistics companies, and in-house counsel at trading houses with Taiwan-origin or Taiwan-destination shipments.
If a loss has just occurred, the first 24–72 hours are critical. Before reading the full procedure below, take these three immediate actions:
Under Taiwan’s Insurance Act, the policyholder or the named insured is the party entitled to notify the insurer and file a claim. In practice, notice may be given by the cargo owner, the consignee named on the B/L, the ship’s master (for hull claims), or a P&I club acting on behalf of its member. Where a reinsurer is subrogated to the insured’s rights, that reinsurer may pursue the claim in its own name once the original insured has been indemnified. A broker may give initial notice on behalf of the insured, but the formal claim submission should come from or be authorised by the insured directly.
Before giving notice, check the following policy provisions:
Foreign shipowners and cargo interests can pursue marine insurance claims in Taiwan, provided the policy or the circumstances establish a sufficient jurisdictional connection. Many marine policies issued by Taiwan-licensed insurers contain a Taiwan court jurisdiction clause or a Taiwan-seated arbitration clause. Where the policy is governed by English law but the loss occurred in Taiwan waters or at a Taiwan port, the insured should preserve its right to proceed in the contractually agreed forum while taking immediate evidence-preservation steps locally.
Foreign claimants without a registered office in Taiwan may need to appoint a Taiwan-based representative or provide a notarised power of attorney. Foreign-language documents submitted as part of the claim file will typically require certified Chinese (Mandarin) translations, and in some cases consular legalisation or apostille authentication. Seek local counsel early if any jurisdictional ambiguity exists, particularly where multiple policies, co-insurance, or overlapping Taiwan insurance procedures are involved.
The following numbered steps apply to both cargo and hull claims. Where the procedure diverges, the relevant track is noted. This is the core cargo claim process in Taiwan and hull claim procedure, laid out in the order actions should be taken.
Speed is essential. The first actions after discovering loss or damage set the tone for the entire claim.
Most marine policies require the insured to facilitate a survey before damaged goods are moved, repaired, or disposed of. The insurer typically appoints an independent surveyor in Taiwan, firms such as local branches of international survey houses are commonly used. The insured may also appoint its own surveyor, and in many cases a “joint survey” (attended by surveyors for both the insured and the insurer) is recommended to avoid later disputes over the cause, nature, and extent of damage.
For cargo claims, the survey scope generally covers: external condition of packages, internal inspection of representative samples, weight/tally verification, assessment of cause of damage (wetting, crushing, contamination, temperature deviation), and estimated loss quantum. For hull claims, the survey covers: structural damage assessment, cause analysis (collision, grounding, machinery failure), estimated repair cost, and whether the vessel remains within class. The surveyor’s report is typically required before the insurer will process the claim.
Request the surveyor’s appointment within 24 hours of discovering the loss. Delays in surveying, particularly where perishable cargo is involved, can undermine the claim if the insurer argues that the damage worsened due to the insured’s failure to act promptly under the sue and labour obligation.
If the maritime incident triggers a salvage operation or a GA declaration, additional steps run in parallel with the standard claim process. GA is relatively common in Taiwan trade, particularly on intra-Asia routes where vessels may require emergency refuge at Kaohsiung, Keelung, or Taichung.
General Average procedure in Taiwan:
For salvage operations coordinated through Taiwan ports, the MOTC Maritime and Port Bureau oversees port entry, anchorage, and environmental response. Salvage awards may be settled by agreement or, if disputed, through Taiwan courts or arbitration. Early engagement with the insurer and local counsel is essential to manage salvage costs and preserve recovery rights against the salvor or other parties.
Once the survey is complete and the immediate emergency is resolved, the insured must submit a formal claim to the insurer. Most Taiwan-licensed marine insurers provide a standard claim form, available in hard copy, by email, or via the insurer’s online portal. The formal claim submission should include:
The claim form typically requires: the insured’s details, policy number, description of the insured interest, voyage details, date and place of loss, nature of loss (total loss, partial loss, GA contribution), and the quantum claimed. Several insurers operating in Taiwan stipulate that supporting documents should be submitted within 30 days of delivery or the date of loss, this is an insurer-specific policy requirement rather than a statutory deadline, but failing to meet it may delay the claim or, in some circumstances, provide grounds for the insurer to request further justification for the delay.
Ensure that every document is legible, that foreign-language documents are accompanied by certified Chinese translations, and that copies of originals are retained. Incomplete submissions are the single most common cause of claim delays in Taiwan marine insurance.
After receiving the formal claim and documentation, the insurer will review the file, and may request additional evidence, appoint a loss adjuster, or commission a second survey. Under FSC Insurance Bureau guidance, insurers are expected to process claims within a reasonable time. Industry observers expect that in practice, straightforward cargo claims with complete documentation are acknowledged within 7–14 days and settled within 30–90 days, depending on quantum and complexity.
For large or complex claims, the insured may request an insurer advance payment (interim payment) pending final adjustment. Some insurers operating in Taiwan offer documented “claims promise” programmes providing partial advances within defined timeframes. While these are insurer-specific policies and not statutory entitlements, they can be valuable for insured parties facing cash-flow pressure, particularly where GA contributions or salvage security must be funded.
If settlement negotiations stall, the insured should consider escalating to counsel, requesting mediation through the FSC’s dispute resolution mechanisms, or, where the policy provides, commencing arbitration. The claim timeline table below provides a consolidated view of typical durations for each step.
| Step | Who Does It | Typical Duration |
|---|---|---|
| Initial written notice to insurer/broker | Insured / broker | Within 24 hours of discovering loss |
| Written notice of damage to carrier | Insured / consignee | At delivery (visible damage) or within 3 days (concealed damage) |
| Appoint surveyor | Insurer (or insured, by agreement) | Within 24–48 hours of notice |
| Survey and preliminary report | Surveyor | 1–5 days (cargo); 5–14 days (hull, depending on drydock) |
| Lodge GA security (if GA declared) | Cargo interests / insurer | Before cargo release, typically 3–10 days |
| Submit formal claim and full documentation | Insured | Within 30 days of delivery/loss (common insurer requirement) |
| Insurer acknowledgement of claim | Insurer | 7–14 days after receipt of complete file |
| Insurer investigation and loss adjustment | Insurer / loss adjuster | 30–90 days (straightforward); 6–12 months (complex / GA) |
| Interim / advance payment (if applicable) | Insurer | 7–30 days from request (insurer-specific policy) |
| Final settlement payment | Insurer | Within 15 days of agreement on quantum (typical) |
The documents needed for a marine insurance claim in Taiwan vary between cargo and hull claims, but a core set applies to both. The checklist table below consolidates all required and commonly requested documents. Foreign-language originals should be accompanied by certified Chinese translations. Documents issued outside Taiwan may require consular legalisation or apostille authentication, depending on the insurer’s requirements and whether court proceedings are anticipated.
| Document | Notes |
|---|---|
| Insurance policy or certificate | Original or certified copy. Include all endorsements, riders, and institute clause attachments. |
| Claim form (insurer-specific) | Completed in full. Obtain from insurer’s claims department or online portal. |
| Bill of lading (B/L) or airway bill | Full set of originals (cargo claims). Note any clean-on-board endorsements or claused remarks. |
| Commercial invoice and packing list | Shows value of insured goods and packaging specifications. Must match policy-declared values. |
| Survey report | Issued by insurer-appointed or agreed independent surveyor. Include photographs. |
| Delivery receipt / outturn report | Endorsed with exceptions noting damage or shortage at time of delivery. Critical for subrogation. |
| Mate’s receipt | For cargo shipped from Taiwan, shows condition at loading. |
| Weight note / tally sheet | Port or terminal operator record. Compare with B/L figures for shortage claims. |
| Statement of claim / cover letter | Narrative describing cause, nature, and quantum of loss. Reference policy and clause provisions. |
| Correspondence with carrier | Written notice of damage to carrier and carrier’s response. Preserves subrogation rights. |
| Customs import declaration | Issued by Taiwan Customs Administration. Required for cargo entering Taiwan. |
| GA bond and insurer guarantee (if GA) | Issued by insurer at cargo interest’s request before cargo release. Retain copies. |
| Ship’s logbook extract (hull claims) | Covers the period of the casualty. Include weather, position, and machinery records. |
| Classification society report (hull claims) | Damage assessment and class status. Confirm vessel remains “in class” or note conditions. |
| Repair quotations / invoices (hull claims) | From approved shipyard. Itemised by repair item for adjuster review. |
| Power of attorney (foreign claimants) | Notarised and, if issued abroad, apostilled or consularly legalised. Required for Taiwan representative. |
| Certified Chinese translations | For all foreign-language documents. Translation must be by a qualified translator. |
Understanding the claim timeline is essential for preserving rights and avoiding forfeiture. The table below sets out statutory, contractual, and practical deadlines applicable to the marine insurance claim process in Taiwan.
| Deadline / Milestone | Time Limit | Source / Notes |
|---|---|---|
| Initial notice to insurer | Within 24 hours (best practice); “immediately” or “promptly” (policy wording) | Policy notice clause. Delay may prejudice the claim. |
| Written notice of cargo damage to carrier | At delivery (apparent damage); within 3 days of delivery (concealed damage) | Taiwan Maritime Law. Preserves subrogation rights against carrier. |
| Submit supporting documents to insurer | Within 30 days of delivery or loss (common insurer requirement) | Insurer-specific policy (e.g., documented on insurer claim forms). Not a statutory deadline. |
| Statute of limitations, insurance contract claims | 2 years from the date the insured becomes aware of the insured event | Taiwan Insurance Act, Article 65 (Laws and Regulations Database, MOJ). |
| Statute of limitations, cargo claims against carrier (subrogation) | 1 year from the date of delivery or the date delivery should have been made | Taiwan Maritime Law (aligned with Hague-Visby Rules). Crucial for subrogation timing. |
| GA adjustment completion | Varies, typically 6–24 months for complex casualties | Depends on adjuster; York-Antwerp Rules timeline. Monitor progress actively. |
| Escalation to counsel or arbitration | Before expiry of limitation period; ideally within 6 months if settlement stalls | Practical recommendation. Consult policy dispute resolution clause. |
The most critical deadline is the 2-year limitation period under Article 65 of Taiwan’s Insurance Act. This runs from the date the insured becomes aware of the occurrence of the insured event, not from the date of the policy or the date of the voyage. For subrogation claims against the carrier, the limitation is shorter: 1 year from delivery or expected delivery, consistent with the Hague-Visby framework as applied under Taiwan’s Maritime Law. Failure to commence proceedings before limitation expires extinguishes the right to claim, regardless of the merits.
Practical advice: do not wait for the insurer’s response before engaging counsel if settlement is not progressing. The 1-year carrier limitation is especially tight and can expire while the insurance claim is still being adjusted, destroying subrogation value. Where multiple parties and jurisdictions are involved, obtain local legal advice within the first 30 days.
The costs of pursuing a marine insurance claim in Taiwan vary significantly depending on the complexity, quantum, and whether GA or salvage is involved. The table below provides indicative ranges, actual fees should be confirmed with the relevant service provider.
| Item | Typical Amount (Indicative) | Notes |
|---|---|---|
| Independent surveyor fee | TWD 15,000–80,000 per survey | Varies by cargo type, location, and complexity. Higher for perishables or hazmat. |
| GA adjuster fee | Percentage of adjusted values (typically 1–3%) | Payable by all interests pro rata. May be advanced by insurer. |
| Salvage / towage costs | Negotiated or LOF; can exceed USD 100,000+ | Payable to salvor. Recoverable under policy (subject to deductible). |
| Legal fees (Taiwan counsel) | TWD 50,000–300,000+ (fixed/retainer); hourly rates TWD 8,000–15,000 | Depends on firm, seniority, and case complexity. Contingency arrangements uncommon for marine. |
| Port / terminal charges (damaged cargo handling) | TWD 5,000–30,000 | Charged by terminal operator for inspection access, re-stacking, or segregation. |
| Translation and legalisation | TWD 3,000–15,000 per document | Certified Chinese translation plus apostille/consular fees for foreign documents. |
| Court filing fees (if litigation required) | Proportional to claim amount (Civil Code schedule) | Calculated as a percentage of the amount in dispute. Confirm with counsel. |
Taiwan’s business tax (VAT equivalent, currently 5%) applies to surveyor fees, legal fees, and adjuster charges. These amounts are typically included in the cost figures quoted by service providers. Insurer advance payments, if received, are not taxable income, they are treated as partial indemnification under the policy. Reinsurance recoveries flow between insurers and do not directly involve the insured for tax purposes, but the timing of reinsurance receipts may affect the insurer’s willingness to settle promptly.
The full implementation of IFRS 17 (Insurance Contracts) has reshaped how Taiwan-licensed insurers measure, report, and reserve for marine claims. Under FSC Insurance Bureau supervision, insurers must now apply more granular, contract-level reserving to each marine policy, replacing the portfolio-level approaches previously common. The likely practical effect for claimants is threefold.
First, insurers are expected to request more detailed and standardised claim documentation earlier in the process. The demand for itemised loss breakdowns, chain-of-custody records, and contemporaneous evidence (photographs, temperature logs, tally sheets) has increased, as insurers must justify their reserve estimates to auditors and the FSC on a contract-by-contract basis. Claimants who assemble complete documentation at the outset, rather than providing it piecemeal, will experience faster processing.
Second, reinsurance notification and evidence packages are subject to tighter requirements. Industry observers expect that reinsurers, particularly those based outside Taiwan, now require standardised claim files before they will confirm coverage or authorise advance payments. This can introduce additional delays in cross-border reinsurance recoveries, especially where the primary insurer’s file is incomplete.
Third, the increased transparency and reporting discipline under IFRS 17 creates an incentive for insurers to settle straightforward claims promptly, open claims inflate reported liabilities and affect solvency metrics monitored by the FSC Insurance Bureau. Early engagement, clean documentation, and a willingness to negotiate quantum constructively may accelerate settlement in this environment.
Practical steps for claimants in 2026: issue notice early, provide itemised invoices and chain-of-custody logs from the outset, request documented interim payments where the policy permits, and confirm with your insurer whether any additional IFRS 17-driven documentation templates are required.
This article was produced by Global Law Experts. For specialist advice on this topic, contact Lynn Hsu at Chen Chang & Associates, a member of the Global Law Experts network.
posted 2 hours ago
posted 6 hours ago
posted 10 hours ago
posted 14 hours ago
posted 14 hours ago
posted 15 hours ago
posted 15 hours ago
posted 15 hours ago
posted 15 hours ago
posted 16 hours ago
posted 16 hours ago
posted 16 hours ago
No results available
Find the right Legal Expert for your business
Sign up for the latest legal briefings and news within Global Law Experts’ community, as well as a whole host of features, editorial and conference updates direct to your email inbox.
Naturally you can unsubscribe at any time.
Global Law Experts is dedicated to providing exceptional legal services to clients around the world. With a vast network of highly skilled and experienced lawyers, we are committed to delivering innovative and tailored solutions to meet the diverse needs of our clients in various jurisdictions.
Global Law Experts is dedicated to providing exceptional legal services to clients around the world. With a vast network of highly skilled and experienced lawyers, we are committed to delivering innovative and tailored solutions to meet the diverse needs of our clients in various jurisdictions.
Send welcome message