Marine Insurer's Waiver And Estoppel

This thesis attempts to set out a series of common law principles, waiver and estoppel, and to apply these principles marine insurance contracts, in order to perfect Chinese marine insurance contracts legislation and judicial practice, especially to restrict the abuse of the insurer's rights.The thesis falls into five Chapters. In Chapter One and Chapter Two, the author introduce the emergence, development and the definition of the principles of waiver and estoppel, and the necessary pre-conditions to rely on insurer's waiver and estoppel. Chapter Three and Chapter Four are the emphases of this thesis. Chapter Three analyses the application of insurer's waiver and estoppel on several given cases, especially after the insured's misrepresentation or going against guarantee. And we talk about the limitation of the rule in Chapter Four. In Chapter Five , it compare the rule with the related definitions in civil law system. In the end of this thesis, the author make a conclusion that the rule of waiver and estoppel will have a great meaning on the PRC marine insurance contract law.