Research On The Insurers’ Defenses Of The Duty Of Disclosure In Marine Insurance

The duty of disclosure in marine insurance is one of the important system of marine insurance, which can promote maritime insurance developed smoothly. The significance of the system is to protect the interest of insurer who is the disadvantaged groups in early maritime transport, to guarantee the insurer won’t undertaking the risk due to the insured disclose information is not comprehensive, at last balance the contract status of both parties. However, with the development of science and technology, the insurers have sufficient ability to obtain information, the position of two parties have been apparently changed. Meanwhile the insurers often take the advantage of their experience and expertise to against insured who breach this obligation, in order to refusing compensation.This situation makes the disclosure system becoming the excuse to defense insured by the insurer, which against the utmost good faith principle.So, this paper tries to study the defense system in the duty of disclosure, to guide the insurer defense reasonable, reducing the maritime insurance disputes. Meanwhile to discuss the remedies of insurer, to avoid abusing the remedies randomly and damage the interest of the insured, lastly, we can find the most reasonable remedies, and provide a reference under our laws.This paper is a comparative study, mainly reference to the Marine Insurance Act 1906 and the relevant cases, to research the defense system of the insurer when the insured defense the duty of disclosure, and provides revision reference for our Maritime Law. This paper consists of three parts, i.e. the introduction, the body and the conclusion. The body is divided into four chapters:The first chapter is to demonstration the basic analyses of duty of disclosure in marine insurance mainly analyses from the background, signification, nature and performing part, performing range, the consequence resulting from defending the duty of disclosure, which as the basis of this paper.The second chapter is a corn part, didn’t disclosure is the most frequently defenses, mainly from analysis insurer’s defense from identified standard, consisting in the objective test of “important case” and the subject test of “know or ought to know” rule, Which based on the “decisive influence”, “pure impact” and “prudent insurer” rule in UK law so as to analyses of the objective test.The third part mainly study the law restricts on insurer’s defense, which from the waiver and estoppels to discuss. This chapter discusses the restrictions on insurer preventing the insurer to abuse the defense right, so as to balance the interests of both sides.The fourth part is to discuss the insurer’s defense remedies. The remedies change from traditional to modern pattern, by analyzing these remedies in order to putting forward some suggestions for the amendment of the article 223 of China’s Maritime Law.