A Study On The Ship Insurer's Defense Against Some Claims

In hull insurance, cover risks are agreed upon in the contracts of hull insurance between the insurer and the insured, and usually provided in the formalized insurance clauses. As there are no explicit legal articles, and the agreements of cover risks are often sense of principle and lack of the concrete stipulations, the interpretations of cover risks are often in confuse. As a result, the both parties of hull insurance contracts are often in great dispute. The ship insurer takes advantage of the characteristics of cover risks to defense against the claims of the insured, which would lead the insured to no compensation. However, under cover risks of hull insurance, the issue concentrates on latent defect, barratry, collision liability and sue & labour. So there are many disputes for the ship insurer to defense against these four aspects in business and trial practice. Therefore, it is very necessary to study further.In this thesis, the author would study and discuss the above questions in depth through comparative study on the relative legal rules and hull insurance clause of our country and U.K taking into account the actual practice of our country, It is my sincere hope that the studies of these legal questions of very practical meaning will promote hull insurance in theoretical research and practical operation.