“相互保赔险合同虽名为保险合同,但关于其法律性质的争论一直都没有停止过,并由此导致了相互保赔险合同是否适用保险法中相关规定的问题。”传统上,保赔险由船东保赔协会经营(在我国为中国船东互保协会,下文称中船保),在性质上属于相互保险。但是近些年来,商业保险人也在渐渐进入传统保赔险的领域,从而形成了保赔协会与商业保险机构相互竞争的态势。因此,根据经营主体的不同,保赔险合同可分为相互保赔险合同和商业保赔 Although mutual insurance contracts are named insurance contracts, the controversy over their legal nature has not stopped, and this has led to the question of whether insurance contracts apply to the relevant provisions of insurance law. "Traditionally, Insurance is covered by the P & I Club (in our country, the China Shipowners Mutual Insurance Association, hereinafter referred to as China Ship Insurance), which are mutually insured in nature. However, in recent years, commercial insurers are also gradually entering the field of traditional insurance, forming a situation in which the P & I club competes with commercial insurance institutions. Therefore, according to different business entities, insurance claims can be divided into mutual insurance and commercial insurance claims