In Violation Of The Right Of Defense In The Inform Obligation Of Marine Insurance Law Studies

As China’s economy is booming, the development of the insurance industry speeds up. Marine insurance, as the origin of modern insurance, plays a particularly important role. In the insurance law regime, not only are both contracting parties unequal, but also the damage to each of them is potentially huge after an accident. For these reasons, it is desirable for the law of marine insurance to balance the interests of both parties and to protect the disadvantageous insurant. In practice, however, the insurer often defends against liability on the ground that the insurant breaches his obligation of disclosure. In doing so, the insurer tries to pay no indemnity or less indemnity. Such case not only hurts the insurant’s interest badly but also makes the marine insurance contract less meaningful in reducing marine risks.This thesis is mainly interesting in the insurer’s right of defense in the law of marine insurance when the insurant breaches his obligation of disclosure. It focuses on identifying the scope of the insurant’s obligation of disclosure so as to clarify the scope of the insurer’s insurance duty. In addition, the thesis also discusses the insurer’s options in defending against different subjective faults of the insurant and the limits on the options by law. Referring to international experiences, the last part of the thesis also proposes the insurer’s options of the right of defense into China’s marine insurance law.This thesis is a comparative study. It briefly goes through England where modern marine insurance originated, Norway, Australia, and other nations, regarding their domestic maritime laws on the insurer’s right of defense against the insurant’s breach of the obligation of disclosure. The main purpose of this study is to enhance the marine insurance law of China. The thesis is meaningful in the sense that it urges to prevent from the huge damage to the marine insurant, which is resulted from the abuse of the right of defense by the insurer, in order to maintain fairness and justice in law.This thesis comprises three parts:introduction, body, and conclusion. Introduction, a brief description of the purpose and significance of writing paper. Body parts, including four chapters:chapter 1 outlines the obligation of disclosure, the main origin of the principle of utmost good faith from the start introduced, explained the obligation of the principal, this obligation means in different circumstances and legal consequences of breach of this obligation; Chapter 2 insured definition of breach of this obligation, the way to case studies, details the obligations set forth in the "important case" and "prudent insurer" the development of standards, and whether China’s marine insurance and how to apply the criteria for in-depth study; Chapter 3 marine insurance under different circumstances of people’s defense, the main analysis of the insured’s breach of this obligation and its constituent elements and identify an insurer to exercise the right of defense on the impact of full analysis and define the obligations for marine insurers intentionally concealed and misrepresented and enjoy defenses and exceptions, and also describes the waiver and estoppel defenses such as marine insurers restrictions on the right; Chapter 4 improve our defense of marine insurance, the obligations of the idea, mainly for China the obligation of marine insurance defense modify and improve the legal system, the lifting of the contract, compensatory damages relief measures and other aspects, made some preliminary ideas to the practice of China’s marine insurance benefit. Conclusion, on the basis of discussion in the text, the author summarizes the improvement of China’s breach of this obligation marine insurance defense legal system views and suggestions.