Revised Insurance Law Impacted On Marine Insurance Compensation Claim

Marine Insurance Compensation Claim refers to the stage and procedure in the contractual relationship of marine insurance, after being notified by the insured the marine insurance accident according to the law and contract, the insurer shall verify the nature of the accident and divide the liability, and then determine whether to pay the insured amount. Considering China's status quo, the stage is subject to the Insurance Law, Maritime Law and other regulations. The revised Insurance Law has made more standard and strict provisions for the marine insurance compensation claim, which consequently changes the situations of illegibility rights and obligations, unclear responsibility, weak operability between the insurer and insured arising from the actual claim process, and plays a positive role in creating an efficient and fair marine insurance claims processing environment, but still fail to solve a series of other problems restricting the development of the marine insurance compensation claim. By analyzing the revised Insurance Law, the author aims at making clear the influence and deficiency of the law and also offering my own views and proposal.This article is divided into three chapters. Chapterâ… summarizes marine insurance compensation claim, pointing out the principle and regulation applicable to marine insurance compensation claim at present. Then, combining the existing problems before the revised Insurance Law, set forth the background and great significance of the revised Insurance Law.From chapterâ…¡to chapterâ…£, the article analyses the deficiency in every stage of marine insurance compensation claim process, discussing the resolutions specified in the revised Insurance Law to these problems, and pointing out the un-solved and emerging problems. Combined with the advanced experience and legislative theory of the marine insurance compensation claim abroad, the author re-divides the rights and obligations between the insurer and insured, and re-determines the liability attribution, as well as tables a legislative proposal hoping give some help to build Chinese marine insurance compensation claim system.