The Study On Late Payment Of Insurance Claims Under Marine Insurance Law

"Difficulty in claims handling" has been a problem in insurance industry for a long time."Late payment,underpayment of indemnities,and malicious refusal of payment"has been difficult to prohibit and become the fundamental problem of insurance market.The only regulation about late payment in the Maritime Law is Art.237.Though there are some related provisions in the Insurance Law,the problem of late payment has not been solved.The liability of late payment and the nature of liability is not specific.Moreover,the questions that how to determine the amount of loss in late payment of insurance claims,which kind of damage can be claimed and how to distinguish them,whether punitive damages should be included and the approaches are not answered in current law.Due to the situation that most insurance contracts are made unilaterally by insurer,it's not likely to expect the parties to sign contracts by negotiation.The Part 5 of the Enterprises Act 2016 makes the Insurance Act 2015 and Limitation Act 1980 amended and supplemented.This article will analyze the legal basis of the liability of the insurers,try to find out the effective means of remedy and provide reference for the revision and perfection of our legislation.This article consists of four chapter.The first chapter introduces the definition,legal basis and liability of character and analyzes the defects of the liability of late payment of the current Marine Insurance Law.The second chapter discusses the legal basis and composing factors of insurers' liability of late payment.The former is discussed on the ground of scholars' opinion,while the latter is discussed respectively from common constituents and special constituents.The third chapter analyzes the scope of late payment as well as the kinds of damage and the amount of payment from the perspective of comparative law analysis.The fourth chapter analyzes the legitimacy of punitive damages of late payment of insurance claims and offer suggestion after referring the overseas advanced experience and combining the views of domestic scholars and national conditions.