The Comments Of Marine Insurance Contract Disputes In Environmental Companies

The development of ocean shipping industry has an important influence on a country's economy and trade, maritime transport often has higher risk due to the long and complex voyage, with risk transfer function,insurance has become the key to promote the development of ocean shipping.China's insurance industry started relatively late, don't yet set up specialized law of marine insurance, and articles of law related marine insurance scattered in contract law, property law, insurance law and so on, incomplete content and conflict between legal provisions conflict, bring difficult to judicial practice. Environmental Protection Group Co. and others marine insurance contract dispute case with foreign and Hong Kong related factors, involves many legal relations, there are several sharply disputes during the trial, researching this case has important significance to similar marine cargo insurance contract dispute case.Begins with the focus of the dispute and the result of the court's judgment,considering the imperfections of the marine insurance system in our country and the development of the insurance industry in the UK,on the basis of the relevant laws of our country, we can draw lessons from foreign legislation and cases,Specifically discuss about the several major focus of disputes of the case,insurance clauses and version of insurance contract involved,whether the accident belongs to "during all the risks" and whether happened in insurance duration,whether the insurer has the right to reduce the compensation.Eventually reached the following conclusions:insurance contract involved apply A 2009 association terms,exclude "exclusion" provisions applicable in the case and the shipowner's illegal retention behaviors belongs to the underwriting risk,the insurer compensation based on risk happening time is reasonable and legitimate, in terms of the contents of compensation,Picc Property Casualty Co. Shanghai branch is not responsible for the expanded part of loss which leaded by insurer' fail to fulfill his duty to reduce impairment.The internationalization of insurance market has become a trend, especially in the field of marine insurance with foreign factors.In the process of judgment, the court should not only pay attention to the spirit of the contract spirit, but also take into account the special nature of the contract of marine insurance, and balance the interests of all parties concerned.