Study On The Consummation Of The Procedure Of Marine Assured's Claim And The Underwriter's Settlement

The procedure of the assured's claim and the underwriter's settlement in marine insurance refers to the procedure in which the assured claim for insurance compensation after the occurrence of marine insurance accident and the underwriter checks and ratifies the characteristic of the accident and whether it is liable for the compensation,ascertains the amount of the damage and pays the compensation.The assured's claim and the underwriter's settlement is very important part of the excise of the marine insurance contract,which composing the enforcement after the occurrence of the marine insurance contract in two aspects.The procedure in practice is so complicated and laws and regulations in China concerning on the procedure are inappropriate for they have set up incomplete obligations and responsibilities burdened by the assured and the underwriter and they are hard to work which harms seriously the achievement of lawful benefits of both sides due to its unfairness of obligations set and its impediments to the efficiency of the procedure.This paper is on the consummation of such procedure by the establishment of several legal obligations of the assured and the underwriter.It includes four chapters, of which the first chapter is the summary.Tiffs chapter set forth the necessity, feasibility and the meaning of such establishment.The following two chapters are separately on the establishment of such legal obligations of the assured and of the underwriter,in which laws and regulations concerned in China and other legal systems are compared,and legal obligations burdened by the assured and the underwriter in such procedure are analyzed and the contents of such obligations and the responsibilities if any party violates such obligations are stated.The forth chapter is the conclusion of this paper,which brings out certain suggestions on the establishment of such obligation in the procedure.