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CHAPTER 15 Marine Insurance

Maritime Law and Practice in China

Page 160 CHAPTER 15 Marine Insurance Marine Insurance 15.1 Marine insurance in China is mainly governed by the CMC 1992. For matters not covered by the CMC 1992, the Insurance Law 1995 as amended in 2002, 2009, 2014 and 2015 applies (Insurance Law 2015). 1 Besides the law, the practice of marine insurance also follows the Provisions of the Supreme People’s Court on Several Issues on the Trial of Cases Concerning Marine Insurance Disputes 2006 (Provisions on Marine Insurance 2006). 2 In the practice of maritime insurance, if there is no such provision in the CMC 1992 and the Insurance Law 2015, the relevant legal provisions in the Contract Law 1999 apply. 3 For example, the Insurance Law 2015 applies to disputes over marine insurance contracts with port facilities or docks as insurance objects that do not result from marine accidents. 4 In other words, the CMC 1992 shall apply to cases in which the insurer exercises the right of subrogation due to an insurance accident arising out of the collision between ships and port facilities or docks. 5

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