Warranties in Marine Insurance

Author: Baris Soyer
Publisher: Routledge
ISBN: 1134091427
Format: PDF, ePub
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For centuries, warranties have played a significant role in the law of marine insurance and have recently sparked debate on a national and international level after calls for reform. This second edition includes a more involved analysis of law reform as well as a discussion of the recent proposals of the Australian Law Reform Commission. Soyer lucidly analyzes the legal remedy available when a marine insurance warranty is breached as well as setting out the current law on marine insurance warranties. This new edition also includes: a new section on the impact of the International Ship and Port Facility Security Code (ISPS Code) reference to numerous decisions recently handed down by the courts eg. HIH Casualty and General Insurance Ltd. v. New Hampshire Co. and Agapitos v. Agnew (No. 2) a more in-depth discussion of the position in other commonwealth jurisdictions, specially Australia and Canada.

Illegality in Marine Insurance Law

Author: Feng Wang
Publisher: Taylor & Francis
ISBN: 1317222881
Format: PDF, Kindle
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Illegality in Marine Insurance Law is the first book to deal specifically with illegality in the context of marine insurance law. Previously, this issue has only ever been partially covered within analysis and criticism of Section 41 of the Marine Insurance Act 1906 and warranties. However, Dr Wang Feng goes much further than this by considering its impact on the common law relevant to marine insurance in many jurisdictions worldwide. The book addresses whether the existing law represents an accurate codification of the former authorities and whether Section 41 truly reflects existing legal principles. As well as this, the book examines how correctly to approach illegality within the context of marine insurance, considering the fundamental changes to the rule of breach of warranty introduced by the Insurance Act 2015. Of interest to academic researchers and practitioners in common law and civil law jurisdictions, this book provides rigorous analysis of the illegality issue and a conceptual approach for various approaches to reform marine insurance law. It is a unique and comprehensive guide to illegality in marine insurance law.

Marine Insurance Law

Author: Ozlem Gurses
Publisher: Taylor & Francis
ISBN: 1317210344
Format: PDF, ePub
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Marine Insurance Law, Second Edition introduces and clearly explains all topics covered in courses at Masters level, offering students and those new to the area a comprehensive and accessible overview and way into this important topic in maritime law. Beginning by introducing the general principles of the subject and structure and formation of insurance contracts, this text goes on to look at individual considerations in detail, including – the duty of utmost good faith /fair presentation of the risk, insurable interest, terms of insurance contracts, brokers, the premium, causation and marine perils, losses, sue and labour, subrogation, fraudulent claims and reinsurance. This second edition reflects the substantial changes introduced by the Insurance Act 2015, and includes new Appendices containing relevant legislation and example clauses from marine insurance contracts.

The Law of Marine Insurance

Author: Howard N. Bennett
Publisher: Oxford University Press on Demand
ISBN: 9780199273591
Format: PDF
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The second edition of this book has been revised to focus on practitioners and focuses on direct cover contracts of marine insurance. It does not consider the reinsurance industry. The book considers both the historical development and modern law of marine insurance, and considers the risk management environment in which the law operates, including a chapter on Averting and Minimizing Loss.

Law of Marine Insurance

Author: Susan Hodges
Publisher: Routledge
ISBN: 1135426813
Format: PDF, ePub, Docs
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This work covers the full ramifications of marine insurance law.

The Insurance Act 2015

Author: Malcolm Clarke
Publisher: Taylor & Francis
ISBN: 1134832885
Format: PDF, ePub, Docs
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The Insurance Act 2015 represents the first major reform of English commercial insurance law for many years. Its impact will be felt not only in England, where it will greatly affect both maritime and commercial insurance practice, but also elsewhere where English law is the law of choice in insurance contracts. The Insurance Act 2015: A New Regime for Commercial and Marine Insurance Law analyses in depth the key aspects of the Act and extensively restates and modifies a number of legal principles applying both at common law and under the Marine Insurance Act 1906. Offering much more than the usual commentary on legislation, this book provides critical in-depth analysis of the important topics as was all coverage of areas likely to spawn disputes in future. Written by leading practitioners and academics in the field, this book offers comprehensive, coherent and practical legal analysis of the changes introduced by the Insurance Act 2015. It is a key point of reference for practitioners, insurance professionals and academics.

Cases and Materials on Marine Insurance Law

Author: Susan Hodges
Publisher: Routledge
ISBN: 1135346933
Format: PDF
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This book provides a comprehensive collection of Cases and Materials On Marine Insurance Law. The sources included here are not always readily accessible. Each chapter is introduced with a brief resume of the general principles,before the facts of each case are summarised and the extracts of the relevant parts of judgments reproduced. The significance of the judicial extracts, the statutory materials and standard terms are then discussed with particular emphasis on important and problematical areas of the law.This book will be indispensable not only to postgraduate students of law, in-house lawyers, insurance brokers and claims adjusters, but also to students of maritime studies, legal practitioners and a wide range of professionals within the shipping industry who may wish to have at hand a convenient source of information. Whilst the book is a companion to the authors The Law of Marine Insurance, it is also structured to stand as a marine insurance text in its own right.

Marine Cargo Insurance

Author: John Dunt
Publisher: CRC Press
ISBN: 1317991613
Format: PDF
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This book is a single reference source of marine cargo insurance law, arranged by reference to the recently revised Institute Cargo Clauses, the most widely used standard form of marine cargo insurance cover. The work examines marine cargo insurance by reference to English and foreign legal cases and the Marine Insurance Act 1906. This book provides: • The revised Institute Cargo Clauses with full commentary by one of the key players in the re-drafting • A legal overview of the Institute Cargo Clauses that you won't find anywhere else • A practical structure based on the structure of the clauses with easy to find solutions • A single resource for marine cargo insurance law Winner of the 2010 British Insurance Law Association (BILA) prize

International Cargo Insurance

Author: John Dunt
Publisher: Taylor & Francis
ISBN: 1317999231
Format: PDF, Mobi
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International Cargo Insurance examines the law and practice of marine cargo insurance on a worldwide basis, and provides the busy practitioner the information needed to quickly and accurately resolve cargo insurance coverage issues, wherever they may arise. The book concentrates on the law in the United States and England. It then examines other countries with a common law tradition including Hong Kong, Singapore, Japan and Australia. The civil law systems are highlighted in a number of key trading nations: Italy, Germany, France and Norway. The book includes chapters on South Africa as well as the People’s Republic of China. It concludes with a comparative law chapter concentrating on issues that arise in practice in cargo coverage cases. This chapter also examines how the Institute Cargo Clauses have been construed by Courts worldwide. The appendices include the standard cargo policy insurance terms used in each jurisdiction, some translated for the first time for this volume, as well as translations of the relevant statutes and commercial codes, many not available elsewhere.

The Modern Law of Marine Insurance

Author: Rhidian Thomas
Publisher: CRC Press
ISBN: 1317424735
Format: PDF, Kindle
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This latest and fourth volume in the series comprises ten contributions written by an expert team of academics and practitioners and which collectively analyse and expound many of the contemporary legal issues and debates in the law and practice of marine insurance. Some of the contributions touch upon areas of the law which will be amended by the Insurance Act 2015, and provide an insight to the future changes in the law. The topics covered are An assessment of the Marine Insurance Act 1906 Construction of marine policies Litigating against brokers – the measure of damages Co-insurance and leading underwriter clauses Duties of good faith of insurers and reinsurers Assured right to interest when a policy is avoided The impact of The Cendor MOPU on the Institute Cargo Clauses Fraudulent claims Aspects of Subrogation Conflict of laws in light of the recast Brussels I Regulation This book is essential reading for maritime lawyers, brokers and insurance market practitioners, academics, and companies associated with the marine insurance markets worldwide.