Research On Legal Issues Of Shipping Logistics Liability Insurance

With the increasingly fierce competition in the shipping industry,shipping companies are no longer limited to transportation business in order to seize the market and attract customers.Their business scope is constantly expanding to both shippers and receivers,carrying out processing,distribution,bulk logistics,logistics solution design,and other businesses.In the process of logistics operations,shipping logistics operators face complex and diverse risks,and the responsibilities they undertake are diverse,complex,and uncertain.Shipping logistics liability insurance,as an effective mechanism for shipping logistics operators to transfer responsibility risks,enhance risk resistance capabilities,and protect victims,has not played its actual role in practice.The existing shipping logistics liability insurance cannot meet the needs of shipping logistics operators.In order to better transfer logistics liability risks,balance the interests of both parties involved in logistics liability insurance,stimulate the vitality of the shipping logistics liability insurance market,and promote the development of the shipping logistics industry and insurance industry,combined with the characteristics and judicial practice of China’s shipping logistics industry,this thesis analyzes the problems existing in the theory and practice of shipping logistics liability insurance,and proposes improvement suggestions.On the basis of clarifying the relevant concepts of shipping logistics liability insurance,comparing the current situation of shipping logistics liability insurance at home and abroad,summarize the problems existing in shipping logistics liability insurance.Analyze the comprehensive attributes of shipping logistics liability insurance,and based on the comprehensive nature of shipping logistics liability insurance,clarify that shipping logistics liability insurance should apply the "Insurance Law" and "Maritime Law" respectively according to the transportation link where the loss occurs.Combined with the particularity of shipping logistics liability risk,this thesis analyzes the problems existing in the coverage of shipping logistics liability insurance,and solves the problem of what kind of liability risk shipping logistics operator should be covered by shipping logistics liability insurance.Joint liability risk belongs to the subject matter of liability insurance stipulated by law and meets the insurability requirements.The purpose of the contract concluded by the insured is to transfer direct and indirect liability risks.Therefore,shipping logistics liability insurance should cover joint liability risks,but according to the principle of balance of consideration and good faith,the parties should be allowed to agree not to cover joint liability risks in the insurance contract.Contract liability risk also belongs to the subject matter of liability insurance prescribed by law and meets the requirement of insurability.However,in order to prevent moral hazard,it is suggested to underwrite contract liability risk only when it is clearly agreed in the contract.From the development of liability insurance and the insurance clauses covering administrative liability risks,shipping logistics liability insurance can cover administrative liability risks on the premise that it does not violate laws,administrative regulations and public order and good customs.The identification of insurance liability is one of the focal issues in the dispute of shipping logistics liability insurance.The insurance liability of shipping logistics liability insurance is parasitic on the liability of shipping logistics operator and is different from the liability of shipping logistics operator.In the dispute of shipping logistics liability insurance,there are three forms of liability identification of the insured:actual loss identification,logistics contract compensation calculation and effective judgment document identification.Where the liability of the insured is determined by the actual loss of the goods,the court shall make a comprehensive determination based on the actual situation such as the appraisal report,the invoice and the compensation of the insured.If the liability of the insured is determined by calculating the loss agreed in the logistics contract,it shall be determined by combining the effectiveness of the agreement and the insurer’s right to know.If the agreement is valid and the insurer is informed,the liability shall be determined by the agreement in the logistics contract.It is a more acceptable way in practice to determine the liability of the insured by effective judgment documents,but if the insurer does not recognize,the amount of the judgment is not adequately defended by the insured,it should be reviewed.Finally,based on the summarized legal issues in shipping logistics liability insurance,suggestions for improvement are proposed,mainly including improving and coordinating the existing legal system of shipping logistics liability insurance and shipping logistics liability insurance,developing mutual aid shipping logistics liability insurance,and clarifying the insurer’s defense and settlement participation obligations.