碩士 / 國立中正大學 / 法律學研究所 / 103 / Our thriving maritime transport industry is very important in the world market, and now insurance is the best system of the social to reconcile losses and disperse risks, so the influence of marine insurance for the development of maritime transport is so important. However, in international maritime transport practices, insurer often contradicted that there is no causal relationship between the loss and the insured risk, refused to claim the loss, so that the insured cannot obtain benefit of insurance to reconcile losses and disperse risks. Undoubtedly, it is a large obstacles in our maritime transport industry.
The insurer is liable for any loss proximately caused by a peril insured against, but, subject as aforesaid, he is not liable for any loss which is not proximately caused by a peril insured against. Therefore, to discuss the two focus: First, the causation question in marine insurance law; perils of the sea is part of the group of risks insured under a marine all risk policy, and inherent vice is excluded from cover, what is their relationship? In response, the British Supreme Court in The Cendor MOPU made a revolutionary significant judgment in 2011. So this thesis will explore and collect related practice and theory of opinions Britain by the case, aiming to solve the aforementioned controversy.
There are three main arguments in the case of The Cendor MOPU: First, regarding the causal relationship between marine insurance case,“proximate in efficiency”is the criterion of causality on the cases of marine insurance; second, it is clear that perils of the sea and inherent vice cannot stand together as equal dominant causes, or be caused by a concurrence of peril of the sea and inherent vice; finally, fortuitous accidents or casualties mean the action of the winds and waves, rather than the winds and waves, so the court narrowed the test for losses arising from inherent vice to losses solely attributable to the nature of the subject matter.
Therefore, the construction established by British Supreme Court in The Cendor MOPU provides a strong weapon to policyholders, who will now be able to attack their insurers' defence of inherent vice. And I hope after causes our country to legislate to be more complete by the preceding argument, to reduce the insurer arbitrarily refuse claims.
| Identifer | oai:union.ndltd.org:TW/103CCU00194081 |
| Date | January 2015 |
| Creators | HOU, YU-AN, 侯昱安 |
| Contributors | Chun-wei Lo, 羅俊瑋 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 127 |
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