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A dispute case of marine insurance contracts, Sega Co., Ltd. v. China Dadi Property Insurance Co., Ltd

By PRC Supreme People's Court

February 3, 2023

Source: Key points of case judgment from "Gazette of the PRC Supreme People's Court" Volume 2022

Case Judgment Opinions Summary:

The International Ship Safety Operation and Pollution Prevention Management Code (ISM Code) is a mandatory international standard applicable to ships on international voyages. The insured ship violates the ISM rules in the implementation of the ship safety management system, which seriously affects the safety of the ship's navigation and may constitute the ship's unseaworthiness. If this kind of unseaworthiness has a direct causal relationship with the total grounding loss of the ship, the insurer shall not be liable for compensation according to law.