A Study On The System Of Taking Out Of Liability Of Ships In China 's Marine Insurance

An insurance policy usually includes an unseaworthiness clause which providesthat the insurance shall not cover loss damage or expense arising from unseaworthiness of vessel. When deal with insurance claims for damages, the disputesoften becomes whether the vessel is seaworthiness. Nowadays, China enjoysprosperous development in trade and shipping market which shall be supported by themarine insurance. However, current law is so obsolete that numerous legal issuesarising from the marine practices cannot be solved. Therefore this article mainlystudies on The Maritime Law of the PRC and China Insurance Clauses established byPICC and put forward some suggestions for improvement.Chapter1introduces the history of vessel seaworthiness in marine insurance,mainly discuss the warranty of seaworthiness in1906Marine Insurance Act ofEngland and the exclusion of unseaworthiness in marine insurance legislation andpractice.Chapter2studies on The Maritime Law of the PRC and China Insurance Clausesestablished by PICC. This chapter discusses the distinction between the current lawand policy including the extension, the standard of seaworthiness, the motivation ofthe insured and so on.Chapter3introduces the ISM Code, ISPS Code and the Rotterdam rules whichhave a positive influence in China’s marine insurance law and practice. This chapteralso gives a brief introduction of the International Hull Clauses and Institute CargoClauses established by Institute of London Underwriters in order to in order to helpChina absorb the essence in legislation and practice.Chapter4focuses on the suggestions to improve the unseaworthiness exclusionregime in China through the conclusion made from the law and practice of bothnational and international.