Marine Insurer's Duty Of Utmost Good Faith

The principle of utmost good faith is an important legal character of marine insurance. Whether the insurer abides by and performs the duty of utmost good faith has become important, assurance for the development of marine insurance. This dissertation tries to make a deep and systemic study on marine insurer' s duty of utmost good faith with the purpose of urging the academic to think much of this problem and providing theoretic reference for practice and law.The author, basing on the basic theories of principle of utmost good faith, researches some important theoretic questions of constructions, application and legal consequences in breach of the insurer' s duty of utmost good faith; inquires into several representative types of the insurer' s duty of utmost good faith, including duty of the insurer' s disclose, duty of the insurer' s explanation, especially exclusive clause, duty of information, the insurer' s duty when the assured delays to pay premium and the insurer' s duty in compensation; oppugns the relative provisions in insurance legislation. Basing on the studies, the author puts forward some constructive suggestions with regard to the amendment of The Insurance Law of the PRC and The Maritime Code of the PRC, and finds a solution to problems which occur during the insurer' s practice.