Study On Insurance Coverage Of Ship Construction Insurance

Ship construction insurance is a special kind of marine insurance.At present,most of the ship construction insurance clauses adopted in China are based on the"People’s insurance company of China ship construction insurance Clauses",which was originally view of the Institute Clauses for Builders’ Risks of the British Association Shipbuilders.Due to the inaccurate translation and the differences between Chinese and English laws and regulations on Marine insurance,the current applicable clauses of ship construction insurance are too rough,vague and not detailed enough,which would lead to that in practice,both parties of insurance tend to have disputes over the underwriting risks and exclusions.As for the disputes between both parties,the problem is exposed that the applicable law of ship construction insurance is not clear enough,when seeking legal remedy.The relevant legal system of ship construction insurance and the clauses of ship construction insurance under its regulation need to be clear and improve.In addition to the introduction and conclusion,the essay is divided into four chapters:Chapter one is an overview of ship construction insurance,expounds that it is necessary to identify the subject matter insured to define the concept of the ship construction insurance.And the identification of the subject matter of ship construction insurance is also of great ’significance for defining the insurance coverage of ship construction insurance.It is pointed out that the scope of insurance coverage of ship construction insurance is mainly to study the risks and exclusions.And the defects of ship construction insurance in China are pointed out.Chapter two focuses on the comparative study of the risks and exclusions covered by ship construction insurance in China and British,pointing out the defects in the present risk and exclusion clauses of China shipbuilding insurance,and the current applicable law of Chinese ship construction insurance is not clear,providing theoretical analysis for improving the clauses of ship construction insurance in China.Chapter three starts with the subject matter insured on the theoretical basis of chapter one and chapter two.Considering that ships under construction will present different states at different stages,it leads to the periodic characteristics of ship construction insurance.Based on the above,the author puts forward the study of ship construction insurance with the theory of stages,and.further defines the time node of ship construction insurance to be divided into two stages:"when the ship is successfully launched and is navigable enough to conduct sea trial inspection",the process of ship construction is divided into two stages,namely,ship construction stage and ship in trial voyage.Drawing on the British model of "risk listed" combined with "all risks minus exclusions",in this paper,the risk mode of China ship construction insurance clauses is determined by stages,and the feasibility of the theory of phased practice is demonstrated from the perspective,of applicable law and risk underwriting mode.Chapter four is the chapter of "Suggestions on perfecting the terms of ship construction insurance".Draw lessons from foreign mature in terms of the contract and case law to judge,to perfect China’s shipbuilding insurance coverage,and then to provide suggestions for perfecting ship construction insurance risks clause and the exclusions.