• Title/Summary/Keyword: Inchmaree clause

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A Study on the Implementation of Due Diligence and Its Effect - Focussing on the Marine Hull Insurance - (상당주의의무의 이행과 그 효과에 관한 연구 - 선박보험을 중심으로 -)

  • Lee, Sang-Wook;Nam, Young-Eun;Park, Sang-Gap
    • Journal of Navigation and Port Research
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    • v.26 no.4
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    • pp.399-406
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    • 2002
  • There may be some cases in which underwriters refuse to pay claims to the assured in case of his want of due diligence and actually, a lot of cases which an assured could not have been covered, existed through the history of marine hull insurance claims. Statistically, looking back the past marine accident cases in korea, the most parts of the accident are man-made disasters caused by want of due diligence. So, this study will focuss on this kind of marine losses and insurance clauses and other relevant rules containing due diligence such as due diligence of the assured in inchmaree clause, ITC-Hulls(1983), and due diligence of carrier in Hague-Visby Rule and so on. This study also shows what the disadvantages to marine enterprisers are, caused by want of due diligence and the advantages of doing due diligence are. In conclusion, this study contends that marine enterprisers should perform due diligence in dong their business for both financial stability and good management of their companies.