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

日本保险法第23条规定，被保险人应采取措施避免损失，并进一步规定，保险人为避免损失，对被保险人所发生的适当合理的费用，即使其费用总额和赔偿金额超过保险单限额，也应予以赔偿。考虑到《1906年英国海上保险法》中保险人承担被保险人减轻损失费用的义务，本研究阐明了第23条规定保险人承担被保险人减轻损失费用的规定是否应被视为一项强制性规定，从而禁止保险人排除对此类费用的赔偿。

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.