Marine Insurance Principle Of Proximate Cause

Compared with law of carriage of goods by sea and maritime affairs, law of marine insurance is not widely studied. And the work of it is not much, either. Among the four principles of marine insurance, principle of Proximate Cause is the most complicated. Even for famous maritime lawyers and judgers who have a lot of experience, the ideas of compensation about the cases of causation are not the same. All these make principle of Proximate Cause a difficult point. Fortunately, my tutor is quite good at marine insurance, and I am very interested in principle of Proximate Cause, so I wrote this dissertation, and hoped it would be helpful to readers.Since principle of Proximate Cause concerns a lot of things, and my time and ability are limited, I just explored several aspects: 1 causation of law; 2 prima cause & principle of Proximate Cause; 3 application and demonstration of principle of Proximate Cause; 4 identification of principle of Proximate Cause in marine insurance; 5 importance of principle of Proximate Cause to marine insurance of China. The emphasis of this dissertation are chapter three and chapter four, they are mainly about the effect of principle of Proximate Cause in marine insurance.I gave a lot of examples and made much comparison during demonstration. Since causation is too abstract, when talked about the application and demonstration, I gave many local and foreign cases, in order that the readers can have some perceptual knowledge. When talked about prima cause & principle of Proximate Cause and the law of China, England and American, I made some comparison of the conceptions and stipulations to make them clear.The main conclusions of this dissertation: the rules of judgment of principle of Proximate Cause of different conditions; the expenditure arising from clearing channel caused by ships of a third party belongs to direct loss and should be indemnified by the insurer; As for the loss arising from detention, if the detention is caused by the perils insured, the insurer should indemnify, if not, the insurer needn't indemnify; goods are delivered by fraud, the shipper can ask the insurer to indemnify by "theft, pilferage & non-delivery" risks; the loss is indemnified by the insurers of war or all risks is determined by the principle of Proximate Cause; the obligation and turn of the demonstration of peril of the sea; the extent and principle of demonstration of latent defect in vessel insurance; principle of Proximate Cause should be drew into Chinese Maritime Code.The problems afore said are all in argument in practice. If the readers can get satisfied answers from this dissertation or think deeper, I will be very gratified.