Insurance Liability for Ships Sailing Beyond Their Designated Navigation Zones During Construction Activities on Islands in the South China Sea
【中文摘要】：针对近两年出现的船舶超航区航行情况下产生的保险理赔争议（尤其是涉及在三沙市下辖的诸岛附近航行的问题），本文明确了船舶超航区航行的含义，指出船舶超航区航行属于一种行政违法行为，依法应承担相应的行政责任；同时，船舶超航区航行也有可能面临保险人拒赔的风险。我国现行海事司法实践中倾向于认定船舶超航区航行构成船舶不适航，若保险人意图以船舶超航区航行为由拒赔，则应举证证明承保船舶存在超航区航行的事实、以及与保险事故之间存在因果关系。 【Abstract】This paper attempts to clarify the definition of ships sailing beyond their designated navigation zones in respect to insurance claims disputes (especially the disputes concerning navigating in the waters adjacent to islands under the jurisdiction of Sansha City) over the past two years. Considered as an illegal act under administrative law, sailing beyond navigation zones will give rise to a corresponding administrative liability; meanwhile, such sailing would likely risk the insurer repudiating any claims made by the insured ship and its owners. In China's maritime judicial practices, ships sailing beyond navigation zones are often identified as unseaworthy. If the insurer intends to refuse claims on these grounds, it should provide evidence to prove that the ship has sailed beyond its navigation zone and should causally link such sailing and the accident under investigation.