Study On The Insurable Interest Of The Carrier In Cargo Transportation Insurance

The principle of insurance interest originated in the UK and is one of the most important principles in the insurance law.The so-called insurance interest refers to the legally recognized interest of the insured or the insured on the subject matter of the insurance.According to Article 42 of the Insurance Law of the People’s Republic of China(hereinafter referred to as the “Insurance Law”),in the event of an insurance accident,if the insured does not have an insurance interest in the subject matter of the insurance,the insurer may not be required to claim compensation insurance.Therefore,insurance benefits are significant in limiting the extent of damage,avoiding gambling and preventing moral hazard.Carrier insurance for cargo transportation insurance is more common in insurance practice,but after an insurance accident,it often brings disputes such as whether the carrier has the right to claim compensation,whether it constitutes duplicate insurance,and whether the insurer has obtained subrogation right after compensation.The essence of these disputes lies in whether the carrier has an insurance interest in the goods it carries.This paper discusses the disputes arising from the carrier’s insurance for cargo transportation and analyzes the disputes caused by the carrier’s insurance for cargo transportation and the resolution of the problem.The first chapter of this paper is based on the basic theory of cargo transportation insurance.Firstly,it theoretically discusses the basic theory of cargo transportation insurance and analyzes the particularity of cargo transportation insurance.Secondly,the development aspect of insurance interest theory and the insurance interest of cargo transportation insurance.After analyzing and analyzing the disputes between the academic community and the practice of the carrier’s insurance interest theory in cargo transportation insurance,it is a negation and affirmation,and summarizes the differences and focus of the dispute.The second chapter of this paper starts from two typical cases of carrier insurance for cargo transportation insurance,sums up its typical legal relationship structure,and extracts the problems caused by negating or affirming the carrier’s insurance interest in cargo transportation insurance..Negating the carrier’s insurance interests may lead to violations of the principle of good faith,triggering adverse moral hazard,complicating the failure of the purpose of the insurance contract and the legal relationship,and the unclearness of the insured’s remedies.Affirming that the carrier’s insurance benefits may result in the carrier’s unjust enrichment,and in the case of the cargo owner also insuring the cargo transportation insurance,it may also constitute duplicate insurance,which may affect the insurer’s exercise of subrogation.The third chapter is aimed at the problems mentioned in the second chapter,and proposes practical countermeasures to solve the disputes of China’s carriers insuring cargo transportation insurance.Firstly,it puts forward a judgment standard for the carrier whether it has insurance interest,that is,the “actual economic loss” is the criterion for the carrier’s insurance interest;secondly,according to the criterion,the carrier’s insurance interest is affirmed under certain circumstances.In the end,it is a solution to specific practical problems,that is,the insurer directly compensates the owner of the goods while affirming the carrier’s insurance interest,avoiding the carrier’s unjust enrichment,and clarifying that the carrier can act as the third party’s responsible entity.The identity of the insurer can be realized.In the negative of the carrier’s insurance interest,the termination of the contract and the return of the insurance fee should be allowed and the insurer should bear the liability for compensation in accordance with the contracting negligence,in order to maintain the carrier’s rights and interests.