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Our Mr. LIU Guiming Providing Professional Legal Opinions for Shanghai Education Television Station in Her Topical Program ---

2006-03-05

(Keywords: Case of dispute over the marine insurance contract, the Marine Insurance Act 1906 of the UK, the principle of utmost good faith)

Our Mr. LIU Guiming, acting as one of the Agents ad Litem of Winterthur Insurance (Asia) Ltd Shanghai Branch, has ever participated in the full handling process of the case regarding the indemnity dispute over the alleged losses of imported logs under the marine insurance contract, which was highly regarded by Shanghai Maritime Court and treated as a typical case due to its enormous claim amount and the law application of “the Marine Insurance Act 1906 of UK” agreed in the involved insurance policy. Shanghai Maritime Court infrequently applied “the Marine Insurance Act 1906 of UK” to hear this case at last as per our strong request and under our hard efforts, and decided that Winterthur Insurance (Asia) Ltd Shanghai Branch as the cargo insurer should be entitled to declare the invalidation of the marine insurance contract and would not be responsible for any insurance indeminty on the ground that the Insured contravened the principle of “Insurance shall be of the utmost good faith” in English law. After the trial of first instance, the Insured did not make any appeal. Because this leading case might have profound significance and lasting influence over the international trade and the case of dispute about foreign-related insurance contract ever after, it was subsequently edited into the 2004 Volume 1 of “Series of China Trail Guidance” published by the Supreme Court of the PRC, and therefore also becomes the so-called “Guiding Case in China Trail”.
 
Thereafter, the aforesaid case also attracted the high attention of the Column “Insurance Weekly” of Shanghai Education Television Station. Our Mr. LIU Guiming accepted the interview of this Television Station and was invited to provide his analytic advices on this case as well as his professional opinions on the insurance law in her Topical Program “About the Case of Insurance Claims with Huge Amount”. This Topical Program was divided into two parts and firstly played at 20:10hrs Beijing Time on 26th December 2005 and 19:25hrs on 2nd January 2006 respectively, and subsequently rebroadcasted in the Column “Insurance in China” of China Education Television on 7th March 2006. Meanwhile, the important plots and typical significance of this case were also briefed in No.52 and 53 Special Topic “Wind & Cloud of Insurance” in the Column “Shanghai Insurance Weekly” on the website of “Insurance in China” (www.bxzg.cn).

( By GL & CO. Law Firm)
 

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