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

Hull insurance is one of the major types of marine insurance. The provisions on the liabilities to damages of insurers in PRC Maritime Code are too brief, it results that the liabilities to damages are unsure. The explanation for the clause of liabilities to damages in the insurance contract is discretionary. So when the insurant suffers the loss of insurance subject,the insurer often raise a plea with various reasons. The two sides on the issue of the liabilities to damages engender the divergence. In recent years it results the disputes on the ship insurance contract continuously. This thesis mainly analyses the focus questions on the liabilities to damages of insurers of vessels in recent years. It separately discusses the right of defense from three angles,such as the principle of utmost good faith,the compensation liabilities generated from vessel collision,free of all average.In the first part,the thesis sums up the related theories on the hull insurance. It contains the definition of hull insurance and the general legislative situation. it also introduces the liabilities to damages of the insurer of vessels and the reasons of demurrer. From Part II to IV, the thesis compares the PRC Maritime Code with British maritime law. And it expounds the demurrer on the some liabilities to damages of the insurer of ships in terms of Chinese practices.In the second part,it discusses the demurrer on the principle of utmost good faith. The basic contents of the principle of utmost good faith are the duty to disclosure and assurance. This section selectively analyses the definition of "important circumstances ". The writer proposed to introduce the concept of prudent insurer, and uses a decisive influence as the criteria of important matters. In china,the implied guaranty exists unnecessarily. If the insured infringe the assurance breach of warranty, the insurer may reduce the liability, but not exemption.The third section analyses the demurrer of the insurer of ships on the indirect collision and concerned responsibility. Then, this part describes insurance coverage, including insurance of indirect collision and responsibility of cleaning up ship. And the responsibility of cleaning up ship should be provided for the insurance by compulsory liability.The fourth section discusses the defense when the ship abandonment insurer is refused to pay a total loss. This part analyzes insurer's compensation based on the actual defense of the principle of compensation and responsibility on defense, and analyzes the legal status of insurance ship after refused to pay. The section clears that insurer can defend when they have got full loss compensation.I hope it will enhance our in-depth theory and practice of marine insurance study through the discussion of several issues.