Research On Fraudulent Claims Under Marine Insurance

The definition of fraudulent refers to that in the business of marine insurance,the applicant or the assured or the beneficial owner claim a statement to the insurer through making up the subject matters or the accident,or exaggerating the level of the loss or manufacturing contingences in purpose in order to defraud the premium.For protecting the development of the marine insurance industry,the men who carry out the fraudulent claims under marine insurance should be legally punished.Before that,it is important to pinpoint the fraudulent claims under marine insurance's standard of affirmation and legal consequence in the first place.In the meantime,while the academic circles are still arguing about the suitability of the principle of utmost good faith,the International Hull Clauses answered the question clearly which has the vital reference value for the marine insurance clauses.The thesis has four parts.The first part is an overview about the concrete types,the nature of the behavior,and the cause of the fraudulent claims under marine insurance.The second part is about the judging standard of the fraudulent.There are always a lot of controversies about the judging standard of the fraudulent in the academic circles.Usually,there are three ways to judge the standard of the fraudulent that is through analyzing the principal part of the fraudulent and the subjective aspect and the way of act of the fraudulent.The third part is about the legal consequences of the fraudulent.On the one hand,under the English law,the different application of the principle of utmost good faith and common law rule of forfeiture will lead to the different legal consequences.On the other hand,the Chinese law has its own regulations about the legal consequences of the fraudulent claims under marine insurance and it might have to be amended.The fourth part is about the marine insurance clause about the fraudulent.That is IHC02 and IHC03 which have sort of clause related to the fraudulent claims under marine insurance,and it has the vital reference value for the marine insurance clauses.This thesis has referred to relevant marine insurance clause,the cases under the English marine insurance acts and the various opinions of the academic circles,and the thesis analyzed the controversies in many ways of fraudulent claims under marine insurance and tried to consummate the theory system.