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【裁判要旨】沉船事故引起的船舶保险合同案件,被保险人只需对损失与承保危险之间的因果关系进行初步证明;在被保险人已经初步证明损失是由于承保危险造成的情况下,保险人如以船舶不适航拒赔,应提供证据证明损失系因船舶不适航造成,而不能仅证明存在这种可能性;被保险人或其代表、雇员的过错是否影响保险责任的承担,关键要看保险合同的约定,同时对保险合同应按公平原则进行解释。
The purpose of the referee ship accident caused by the ship insurance contract cases, the insured person only to the loss and the risk of insured preliminary proof of causation; the insured has initially proved that the loss is due to underwriting the case of insurance, insurance If a person fails to compensate for the ship’s unseaworthiness, evidence should be provided to prove that the loss was caused by the ship’s non-seaworthiness, not only to prove that such possibility exists; whether the fault of the insured person or his representative or employee affects the assumption of insurance liability, The key depends on the insurance contract, at the same time the insurance contract should be based on the principle of fairness to explain.