Abstract
Maritime transport insurance is base on a contract that is presented as insurance policy or insurance police- From a legal perspective, this contract is relied on ruler legal principles in all of the contract. The commitments and damages offset in clubs are performed base on layering to cover of damage. Each of the international clubs covers to 8 million $ by club and available funds in firs 1 layer. Second layer in excess of first layer is covered to 35 million $ according to agreement between members of 14 international clubs or POOLING, and commitments in excess of it to 500 million $ are assigned to a bearing that its 25% is club retention share. Extra of 500 million dollar that contains damages offsetting except pollution for 100% in Landan insurance market and by commercial insurance companies is reinsuranced to 303 billion dollar and each damage in excess of last layer to offset applies to club and this damage is paied by club members and according to tonnage rate and if received premium to offset damage is inadequate, then club receives supplementary premium from its members and it is called supplementary call. So clubs’ liabilities roof plus reinsurers obligation is 4025 billion dollar. Given that clubs’ systems is a close system So there is limited information from their operation process and P&I insurance is issued in clubs that consist of shipowners and managed in two ways. What is considered in maritime transport insurance is covering damage of goods in transit. Accordingly, Othis project analysis marine transport insurance different aspects such as nature, topic, parties terms, obligations and responsibilities of insurer and insured and considers England rights and compares fundamental and substantive differences in Iran transport insurance with England marine insurance. I this reseach, P&I club and their role to offset investors’ damage in Iran and England legal system are considered to have a dynamic and healty economy, and results are presented in order to cover legal gaps in order to terminate the existing challenges.
Published Version
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