保险人基于损害补偿原则的拒赔抗辩——在《沿海、内河船舶保险条款》下的讨论

以沿海、内河船舶保险中保险人的视角,寻求其在《沿海、内河船舶保险条款》下以损害补偿原则作为拒绝赔付被保险人的抗辩理由的法律正当性,并试图通过探究这些原则和条款本身的内在涵义,为保险人和被保险人双方提供实践的参考;同时在分析这些抗辩理由在司法实践中的现实价值的过程中,进一步揭示该领域相关问题的法的实然所在。

The Insurer's Non-Recovery Defenses Based on the Principle of Indemnity: A Discussion under Inshore and Freshwater Hull Clauses

With a view of the insurer in inshore and freshwater hull insurance, this article attempts to seek the legitimacy of taking the Principle of Indemnity and the Principle of Utmost Good Faith as the insurer' s non-recovery defenses to the assured' s claims, and to provide legal references for not only the insurers but also the assureds by exploring the inherent contents of these principles and clauses; Meanwhile, simply through the analysis on the actual value of such defenses in judicial practices, it is supposed to further discover the realistic being of the law of relative issue in this area as well.