Salvage Ship Insurance Analysis

Abstract In marine insurance, the insurance under the insurance contract terms, belonging to the coverage of maritime insurance contracts the responsibility of an accident or loss resulting from the ship, the insurer will be given compensation, which also includes a result of the insured arising salvage charges, but also a marine insurance Law provided for the rescue will cost the insurer shall be paid in accordance with the Law. Therefore, this Article focuses on the salvage compensation insurance and related Research, which clearly express the specific cost of ownership.

Keywords: marine insurance shipwreck salvage charges


First, salvage charges

Marine Insurance in the UK judicial practice, 1906MIA Article 65, paragraph 2, the next give a definition salvage charges, and then further on its contractual obligations with other providers of relief services to distinguish the costs incurred. For based on the correlation provided contractual obligations incurred by the rescue services, they will be general average or salvage charges in the form of .1906 MIA section 65 (1) would "salvage" is defined as "to prevent the occurrence of a peril insured against loss by generated, according to the insurance contract may be caused by a peril insured against loss can be compensated for the cost of ".1906 MIA Article 65, paragraph (1) will" salvage "is defined as, according to maritime Law can be compensated by the non-contractual obligation to provide relief services to the kind of costs arising. This definition will not only save costs limited to those "in the maritime Law should be compensated for the costs", but also from those of its pre-existing contractual obligations under the conduct of salvage costs incurred by it. In addition, this provision also explains the fact that the only relief "reward" or maritime Law in the strict sense of relief (the reward) to the rescue as the cost of marine insurance, marine insurance law can be based on provisions of compensation in the insurance contract.


China <<Maritime>> Chapter XII marine insurance contract, not the same as the British 1906 MIA in the underwriting of marine insurance to make a clear contract salvage charges, so the practice identified in the insurance contract covered the insurance fee relief , only in accordance with <<Maritime>> in the general provisions for the rescue. Since the traditional sense of the concept and Shanghai difficult rescue in the marine insurance there is the concept of maritime salvage inconsistencies (in the traditional sense of not belonging to marine insurance employment assistance in the coverage of the rescue costs), therefore, China's marine insurance law should learn from the British marine insurance law practice, the marine insurance underwriting expenses as to be clear, to prevent the practice may be controversial. In addition, our Shipping insurance policy for insurance contracts in the scope of coverage of salvage not the same as the terms of the British Association to make a clear agreement, there is no clear special compensation will be excluded, this does not help to distinguish between the insured and the insurer's rights and obligations of the Q relationship. Therefore, our marine hull insurance risk related to the terms of the relevant practices should learn from the UK, for the cost of the insurance contract covered the scope of relief a clear limit to avoid unnecessary disputes appear.


Second, life rescue

In the modern marine insurance law and insurance provisions, insurers underwriting expenses as a maritime law provided for salvage charges, due to national maritime law only "in rem relief," provides for compensation to do it, and not individually made of pure life salvage provision, therefore, other law or convention by the creation of a pure life salvage, the salvage in maritime law does not belong to the scope of compensation, but not under the law of marine insurance salvage. In " <Salvage Convention 1989>> made for the provision of life after salvage remuneration, if the insured vessel is in danger, the rescue of people on the ship on the insurance staff the rescue, it will be a pArt of salvage will increase. This pArt of the increase remuneration is considered difficult to salvage Shanghai into the usual sense of salvage among the insured can be based on the insurance contract claim to the insurer. In the modern marine insurance law, considered salvage salvage their lives with the traditional sense of the nature of The reward is the same, it belongs to the marine insurance act provisions of salvage, can be based on the insurance contract claim to the insurer.


Third, LOF salvage salvage under the contract

Some people think that aid has been under the LOF contract does not meet the definition of relief, not in the traditional sense of salvage, not part of MIA in Article 65 (2) shall conduct claim. Above the view that there is no basis, LOF relief under the contract is still the traditional salvage, they still belong to remuneration paid under marine insurance salvage charges, specifically the following reasons:

First, the development of the format was originally designed to salvage the contract for two: Make sure the rescue people and help people to be provided between the relationship between aid and receiving aid, and to achieve the relevant matters (such as determining the amount of the reward) to submit to arbitration (as well as appeal arbitration) agreement. Although the salvor salvor is to be signed with the LOF contract format, the relief of vessels in distress, but that does not mean that relief aid people bears a contractual obligation, this form of relief not from the Marine Insurance Act provides the scope of maritime salvage. reposted elsewhere in the Research Papers Download http://www.hi138.com Second, the relief in the international conventions and domestic law, freedom of contracting parties the right to give relief, but also some mandatory content requirements for matters related to aid, not all can be freely agreed upon by agreement of the parties.


Fourth, the special compensation salvage

In order to prevent the occurrence of oil pollution incidents, "Lloyd's rescue standard contract format" first in "no effect, no pay" principle based on an increase or decrease the ship to prevent damage to the environment of the additional compensation, then the <<1989 International Rescue Convention>> also made related changes. and the reward of the composition changes, people can request help salvage not all based on the traditional "no cure, no pay" principle to determine, in the cargo vessels in distress conducted on the same relief to prevent or mitigate environmental damage the operation of the case, even if the aid has not been successful or were only partly effective, or blocked and unable to complete the salvage operation, resulting in lower than the value of the rescued cargo paid for the salvage operations reasonable and necessary expenses, the relief can still be obtained from the victims of the owner a reasonable salvage and salvage reward of up to 100% of the special compensation.


China's insurance provisions, and no such specific provisions, but on special compensation insurance practice, generally by the mutual insurance association insurance, hull insurance people will not take the insurance responsibility. But from the improved terms of insurance contracts and to avoid disputes arise point of view, it is necessary exclusion of the costs will be explicitly excluded.


V. CONCLUSIONS

Relief is the most commonly involved in marine insurance claim item. The practice of the British marine insurance issues related expenses as related Research, will help us better grasp of the practice in the insurance issue on the salvage, more clearly encountered in the practice of marine insurance-related disputes.


References:

[1] Secretary Yuzhuo, Huzheng Liang, Fu-ting medium. New Maritime Studies. Dalian: Dalian Maritime University Press .1999.

[2] Yangliang Yi, Wang Pengnan. Details of the British marine insurance policy. Dalian: Dalian Maritime University Press .1996.

[3] Wang Haiming. Shipping Insurance. Beijing: China Financial Publishing House .2001.

[4] Wang Pengnan. Details of the Contract Law of Marine Insurance (Second Edition). Dalian: Dalian Maritime University Press .2003.

[5] Wang Haiming. Shipping insurance theory and management practice. Dalian: Dalian Maritime University Press .2006.

[6] Wang Huai River. Marine Insurance Law and Practice. Beijing: China Communications Press .1997. Links http://www.hi138.com Research Papers Download