Implications of the New Insurance Law for Marine Insurance Contract

As a general principle,Article 184 of the new Insurance Law shall be referred to determine the issue of application of the Maritime Code or the Insurance Law.However,the controversies still frequently occur in the context of specific disputes.On the basis of comparison between several provisions in the new Insurance Law and the corresponding legal regimes of marine insurance contract,this article discusses the implications of the Insurance Law for disputes of marine insurance contract.It is argued that the insurer's right of repudiating insurance liability shall not be sustained unless its right to terminate contract is effectively exercised,the Maritime Code provision that the insured may not demand termination of contract for marine voyage insurance after attachment of cover shall not apply to the insurer,and in the light of the new provision of the Insurance Law relevant special conditions shall be added in the Maritime Code for qualifying the third party's direct claim right against marine liability insurers.