[20010918]RS21016_世贸中心保险范围：纽约合同法下“战争风险”排除原因的解释.pdf

1 Aviation insurance contracts generally extend coverage for “war risks.” See, Jason Bibby, WarRisk Aviation Exclusion, 60 J. AIR L. AND COM. 609 (1995). 2 For example, basic commercial property policies generally exclude losses for “(1) war, includingundeclared war or civil war; and (2) warlike action by a military force, including action inhindering or defending against an actual or expected attack, by any government, sovereign, or otherauthority using military personnel or other agents.” Jefferey W. Stempel, LAW OF INSURANCECONTRACT DISPUTES 1.02a (2001)(emphasis added). In New York, the emphasized languagein this clause could be narrowly construed under the contract rule of construction known as “contraproferentem. See footnote 11 and accompanying text. Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS21016September 18, 2001Insurance Coverage of the World TradeCenter: Interpretation of “War Risk” ExclusionClauses under New York Contract LawChristopher A. JenningsLegislative AttorneyAmerican Law DivisionSummaryThis report addresses the interpretation of war risk exclusion clauses under NewYork contract and insu