初论续保条款——以英国海上保险法为视角

A preliminary study of held covered clauses——from a perspective of marine insurance law in the UK

"续保条款"是海上保险合同中特有的规定。该条款意在对海上保险合同承保风险之外的风险向被保险人提供保障,因此续保条款的规定对于被保险人一方是有利的。以英国海上保险市场为背景,具体阐述续保条款的法律内涵,分析与续保条款相关的重要法律理论问题,同时通过援引经典案例,探求续保条款在保险实务中的问题并提出可行性建议,借以指导保险实践活动。

Held covered clauses are special clauses stipulated in marine insurance contracts. The purpose of such clauses is to provide additional cover for assureds from special risks which are not covered by the original insurance contacts. Accord- ingly, the assureds would normally benefit from such clauses. Based on the insurance practice in London insurance market, this article describes the legal definition of held covered clauses, analyzes the fundamental legal issues regarding such clau-ses, investigates relevant practical problems and proposes feasible advice through referring leading cases which may play a role in guiding the insurance practice.