Rational Criterion of Suing and Labouring Charge in Marine Insurance -Using Game Theoretic Approach-

The purpose of this paper is to setup reasonable criterion for underwriters to reimburse the expenses of suing and labouring incurred by assured, using game theory. As for the upper limit for the reimbursement, MIA and ICC do not mention at all but stipulate that proper and reasonable expenses shall be reimbursed, while ITC-Hulls set the amount insured as the upper limit to compensate the sum of expenses and damage loss. And as for failed measures of averting and minimizing loss, MIA and ICC do not mention either, while ITC-Hulls stipulates underwriters shall compensate the expenses and damage loss within the amount insured. The main results of this paper are as follows: First, it is for the benefit of underwriters to reimburse the expenses incurred to take such reasonable measures to avert or minimizing a loss which would be recoverable under the insurance. Second, the expenses of single measure should not be above the amount insured. Third, even if the measures failed, the expense should be reimbursed if it is less than the expected value of the subject-matter insured that could be recovered by the measures. Last, if the measures are taken several times individually, even if the sum of expenses might be above the amount insured, it should be reimbursed.