The Theoretical Research on a Duty of an Insurer to Cover an Insured's Costs to Mitigate Losses under Marine Insurance Act 1906 in UK

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Japanese Insurance Law Article 23 provides that an insured shall take measures to avert losses, and further provides for an insurer to cover the costs properly and reasonably incurred by the insured for the purpose of averting losses, even if the total amount of the costs and the amount of indemnity exceed the policy limit. This study elucidates whether the provision of Article 23 prescribing that an insurer cover the costs incurred by an insured for the mitigation of losses should be deemed a mandatory provision and thereby prohibit an insurer from excluding coverage for such costs, considering a duty of an insurer to cover an insured's costs to mitigate losses under Marine Insurance Act 1906 in UK.