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Research On General Average Salvage Reward And Sue&Labour In Marine Insurance

Posted on:2013-01-14Degree:MasterType:Thesis
Country:ChinaCandidate:X ChenFull Text:PDF
GTID:2246330371470770Subject:Science of Law
Abstract/Summary:PDF Full Text Request
General Average (GA), salvage reward and sue&labour are covered by Marine insurance contract. Different from GA and salvage reward in maritime law, the insurer’s GA and salvage reward liability are based on insurance contract. Meanwhile, not all the sue&labour expenditure will be paid by insurer, some conditions must be satisfied, such as the expenditure must be caused by insurance perils; the expenditure must be reasonable and happened in insurance period etc. The three kinds of loss are very similar, because they are all caused by the insured’s efforts to save subject matter insured. Nevertheless, the nature of the three kinds of loss is different, which leads to the insurance compensation are different too. Therefore, in insurance practice, it is very significant to distinguish the three kinds of loss.The provisions about GA, sue&labour and salvage reward in our maritime law and policy still have many problems. Reference to British’1906The Marine insurance Act’, International Hull Clause and International Time Clause hull, including2010Norwegian Marine Insurance Plan, the thesis puts forward some suggestions about modification of GA, salvage rewards and sue&labour provisions in Maritime law and policy, including but not limited to the following contents:1. Clauses in policy must clarify that the insurer’s General Average and Salvage rewards responsibility must be based on insured peril;2. Exclusion clauses, which stipulated that insurers are not responsible for special compensation and other expenses or liabilities incurred in respect of damage to the environment, shall be added in hull insurance and cargo insurance policy;3. Expending coverage of total loss in hull insurance clause, at least sue&labour expenditure shall be included;4. The underwriter’s GA, salvage rewards and sue&labour expenditure shall be based on insurance value, and under-insurance might be applied twice.5. To meet the needs of simplifying the General Average adjustment, we can use "General Average absorption " clause as an additional risk for insured choice.
Keywords/Search Tags:Marine insurance, General Average, salvage reward, sue&labour
PDF Full Text Request
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