The Discussion On Damage Recovery Under The Stipulation Of Collision Liability In Hull Clause

In recent years, there are more and more collision accidents happening to the ships on the sea. Loss caused by these accidents brings about so much pressure to the shipowners that they turn to the assurers for minimizing their damages and protecting their property by contracting marine insurance contracts with them. However the result of the damage recovery for the insured ship is quite different because of the difference in range, scope and modes of numeration under the provisions of the marine insurance contracts.Considering that, the writer compares the provisions of hull clause between China and the United Kingdom, which may influence damage recovery and analyses what the distinction is in calculating and determining the loss of the damaged ship. And this paper also studies some relative theories in laws of marine insurance between two countries about their legislative ideas, laws and regulations and practical operations. It is these theories which support the provisions mentioned above for formation, blossom and evolution. The final purpose of this paper is for the sake of the improvement of laws of marine insurance and hull clause of our country.This paper is divided into3chapters. The first chapter analyzes the difference between China and the UK about scope and degree exception of collision liability clause in hull insurance clause. And make a clear understanding about how this factors impact the damage recovery through the comparison. The second chapter expounds the calculation method of compensation collision liability clause in made according to the limitation of liability for maritime claims system which has important significance for collision accident damage, mainly the "single responsibility principle" and "cross liability principle" two calculation methods. Through the examples it come into a conclusion that to develop two different calculation methods for different conditions in order to prevent the unfair treatment on both sides of the owner that may caused by the limitation of liability for maritime claims, but also to avoid the insurer may use the calculation method of damages from originally losses which they should pay for the assurer. The third chapter focuses on the analysis the impact may made to the assurer when the insurer acquiring excess payment of the insured losses from the third party after exercising the deductible clauses, and come into a conclusion that the assurer is entitled to participate in distribution of the excess of loss in his loss range.