A Study Of Marine Insurance Liability Issues Under The Influence Of Cyber Risk

The development of technology has brought great convenience to the life of society,but also brought many problems,especially the misalignment of legislative technology and scientific and technological development,resulting in a variety of legal problems.In this context,the shipping industry is also changing its mode of development.The development of cyber technology on ships and the consequent cyber risks pose a huge threat to the shipping industry and the marine insurance market should respond to this.The problem is that although cyber risks are frequent,there is a lack of incident reports and insurers do not have sufficient knowledge and foresight of cyber risks.Currently most insurers do not explicitly provide for cyber risks in their marine insurance clauses or have adopted CL380 clauses to exclude cyber risks,but both of these practices have created a lot of controversy in practice regarding marine insurance liability.As the insurer’s liability is divided into basic liability,exclusion and additional liability,this thesis analyses the application of traditional marine insurance clauses to cyber risk based on this framework.This thesis is divided into three parts,in addition to the introduction and the conclusion,as follows.The first part is the first chapter of the thesis,which first introduces the impact of cyber risk on the shipping industry,which is the real context for studying this thesis.It then identifies cyber risks,including the definition and classification of cyber risks,as well as an analysis of whether they are maritime risks covered by our marine insurance,which is the basis for the discussion below.The second chapter of this thesis,discusses the way cyber risks are covered in the marine insurance market and analyzes the shortcomings of applying traditional marine insurance contracts to cyber risks.The first way is not to explicitly agree on cyber risk,and the second way is to explicitly adopt a cyber risk exclusion clause in the insurance clause to deal with cyber risk,both of which bring problems to the insurance liability,firstly,because the insurance clause does not explicitly provide for this risk,the insurer and the insured are prone to disputes when claiming;secondly,even if a CL380 clause is adopted to explicitly exclude cyber risk,The second is that even if the CL380 clause is adopted to explicitly exclude cyber risks,the clause itself has defects,such as the unclear scope of exclusion and the question of whether the clause can be fully applied due to the various types of cyber risks,which also poses a problem for the insurance liability.The third part of the thesis is the third chapter as well as the fourth chapter,which discusses the specific issues of insurance liability under cyber insurance from the perspective of typology.Chapter 3 elaborates the impact of external cyber risk on the liability of marine insurance from the perspective of external cyber risk types,and the main manifestation of external cyber risk is cyber attack,so firstly,the liability of insurer of piracy insurance under cyber attack is discussed specifically.At present,there are third parties through the means of network attacks to change the ship’s route,theft of navigation and cargo information,and then extortion,this pattern is very similar to the traditional piracy,so whether cyber attacks can be covered by piracy insurance is the focus of this chapter;secondly,to discuss the impact of external cyber risk on the insurance liability of war risk and loss of rent insurance.Chapter 4 discusses the impact of cyber risk on the seaworthiness clause of marine insurance ships from the perspective of internal cyber risk types.The internal cyber risk usually comes from the ship system itself,and careful inspection and maintenance of the ship system equipment can avoid the risk to a certain extent.The seaworthiness standard should be adapted to the development of technology to counteract cyber risk as a general maritime risk.In this chapter,I will analyze the changes of the seaworthiness standard and the insurer’s liability under the seaworthiness clause of the ship under the cyber risk.