Research On The Legal Issues Of Exclusions In Marine Insurance

In the marine insurance law,the exclusion of liability clause limits the scope of coverage of the insurer,and clearly stipulates the circumstances under which the insurer shall not be liable for compensation.It is a very important part of the marine insurance clause and its role is equivalent to the insurer in the marine insurance.One of the protections A,which lists the situation where the marine insurer does not bear the liability for insurance compensation,and the provisions of the insurance contract as stipulated by the insurer should assume the liability of the insurance to accurately divide the insurer's scope of responsibility.Britain,as a traditional shipping country and the world's largest insurance market,has a profound impact on the Marine Insurance Law in 1906,which is no longer limited to a country's domestic law field and has been widely used by many countries in the world.The specific content of China's marine insurance exclusion liability has largely borrowed from the provisions of the UK's exclusion clause in marine insurance.However,as China has not yet established a specific law for the marine insurance industry,only a few articles are used in China Maritime Code.The relevant content of the liability exclusion system for marine insurance is stipulated in the chapter of “marine insurance contract”.At the same time,laws such as the Maritime Law and the Insurance Law also have many inconsistencies.Therefore,there are many omissions in the legal provisions and in specific judicial operations.It is still necessary to further study other countries such as the United Kingdom.The relevant laws draw on useful experience.This article is based on the relevant theories of marine insurance law,using comparative analysis methods,mainly based on the legal provisions and judicial precedents of the UK Maritime Insurance Law,to analyze the legal issues of the marine insurance exclusion liability system.The main body of this paper is divided into four parts: The first chapter is a basic overview of the liability exclusion system for marine insurance.It mainly elaborates on the three aspects of the definition,classification,and the legal effects of the exclusion liability.It is important to clarify the importance of this system.Meaning,as the theoretical basis of the full text;Chapter II mainly elaborates the first problem in the liability exclusion system of marine insurance: the problem of causality between liability and loss,currently in China's Insurance Law,Maritime Law and other related laws.The principle of causation has not yet been stipulated.This chapter will use the principle of causation as the theory of causation to analyze the rationality of the application of the principle of proximate cause in the liability system for marine insurance exclusion and the specific application of the causal relationship between liability and loss under the principle of proximate principle.The third chapter discusses another issue: the conflict of effectiveness between the liability for exclusion and the liability for coverage,first analyzes the reasons for the effectiveness conflicts between the two,and finally from the perspective of the contents of the marine insurance contract and the judicial practice.The issue of effectiveness conflicts is discussed.The fourth chapter analyzes the related legal provisions and practices of the foreign maritime insurance law on the aforementioned issues,draws on useful experience,and based on the current judicial status of China's marine insurance exclusion liability system,puts forward suggestions to improve relevant laws and regulations in order to solve practical problems and improve the sea Insurance exclusion system.