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Theory and Practical Issues in Marine Insurance Recovery

Author: LvYing
Tutor: WangXin
School: Dalian Maritime University
Course: International Law
Keywords: Marine insurance recovery Subrogation Cargo insurance Vessel insurance
CLC: D922.284
Type: Master's thesis
Year: 2009
Downloads: 105
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Abstract

The maine insurance recovery means that when the insurance subject losses and the third party is resonpible for the loss,the insurers have the right to claim to the third party who responses for the loss basis on the right of subrogation.What we talk here regarding to the insurance recovery is basised on the theory of right of subrogation,and insurers claim to the third party which includes collecting evidence,preservation of marine claimes.Practically speaking insurance companies usually pay more attention on compensations than recovery,and neglecte the importance of recovery.Recovery covers a wide range with foreign-related legal work.Thought we cannot get direct profit, recovery does make net income.Whether it works good or not maikes direct effects on the insurance companies’ economic benefits.To do a good job like this will have a direct impact on the maintaining the image of insurance companies,expanding insurance companies’ visibility,lowering the pay rates,enhancing economic efficiency, and will improve the responsibility reform management.The purpose of this article is to study the theory and pracitical issuses of marine insurance recovery which we hope to make some suggestions to improve the effectiveness of insuance recovery.Regarding the concepts,procedures,significance of insurance recovery,this paper mainly discussed in two parts including theory and pracitice.In theory,we mainly introduced the remaining disputes of the subgrogation and made suggestions that to make more perfect in the law as well as the recommendations in the recovery of the insurers should pay special attention to legal issues.Pracitally we mainly explained the special problems insurers encoutered when recoverying from cargo insurance and vessel insurance.Insurers shall also pay attention to the procedures when recovery.In all,it related to various issues in maritime law in orer to make the recovery successfully.The need for insurers to do a good job in the settlement on insurance recovery is to make well preventive action activities as well as evidence-gathering work. Also they have to make deep understanding on the concept of subrogation.In view of the specifility and importance of insurance recovery,we have to make perfect on thory and practical issues in order to avoid the occurrence of the dispute

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