Warranties in Marine Insurance

Author: Baris Soyer

Publisher: Routledge

ISBN: 1134091427

Category: Law

Page: 352

View: 6894

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.

Warranties in Marine Insurance

Author: Baris Soyer

Publisher: Psychology Press

ISBN: 9781859419434

Category: Law

Page: 312

View: 6120

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

Category:

Page: 190

View: 4654

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

Category: Law

Page: 424

View: 7662

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, USA

ISBN: 9780198258445

Category: Business & Economics

Page: 558

View: 4771

The focus of this new book is the modern Law of Marine Insurance, a subject of considerable practical importance in the United Kingdom and throughout the world. While existing works have tended to be preoccupied with the description of case law, largely based upon the Marine Insurance Act1906, this book adopts an approach which is line with current legal practice in that it looks towards the 1983 Institute Clauses as the foundation of modern legal practice in Marine Insurance. Similarly, while many practitioners' works rely upon listing and describing cases, the style of this workis analytical and rigorous thereby bringing to the subject a clarity hitherto missing. In terms of content the work covers the well-established basic structure of the topic starting with an introduction to the Law of Marine Insurance and the Insurance Market itself, before moving on to deal with theduty of good faith, the principles of causation, marine risks, losses, formation, cover, claims, subrogation and so forth. The book finishes with a series of useful appendixes setting out the relevant legislation, institute clauses and standard forms.

The Insurance Act 2015

A New Regime for Commercial and Marine Insurance Law

Author: Malcolm Clarke,Baris Soyer

Publisher: CRC Press

ISBN: 1134832958

Category: Law

Page: 198

View: 8347

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.

The Modern Law of Marine Insurance

Volume Four

Author: Rhidian Thomas

Publisher: CRC Press

ISBN: 1317424735

Category: Law

Page: 306

View: 2183

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.

Pollution at Sea

Law and Liability

Author: Baris Soyer,Andrew Tettenborn

Publisher: Taylor & Francis

ISBN: 1317984412

Category: Law

Page: 382

View: 4644

A sharp, informed and thoroughly practical guide to contemporary and developing issues relating to sea pollution, prepared by leading academics and practitioners with everyday hands-on experience. Pollution at Sea focuses on a number of the vital private law issues – compensation, insurance, contract and tort – thrown up by contemporary developments in the law of pollution. The book also intends to offer a critical analysis on emerging public law concepts, such as the legal position of seafarers from the perspective of criminal law in cases of pollution and the impact of port state control as a pollution control mechanism. Pollution at Sea is divided into three parts: 1. Private Law Liability Regimes 2. Rights and Liabilities of Particular Parties 3. The Impact of Public Law on the Actors Concerned In part 1; various liability regimes are dissected, including those which have been under the spotlight in recent years. This section has particular international appeal, and many of the regimes discussed are based at least in part on international conventions, agreements or practices. In part 2; the impact of pollution at sea on third parties is considered, with respect to the legal position of parties that might be perused either by the victims of pollution incidents or in some cases by the parties liable by way of a recourse action. Finally in part 3; recent relevant developments, particularly in the realm of public law are covered.

Maritime Order and the Law in East Asia

Author: Nong Hong,Gordon Houlden

Publisher: Routledge

ISBN: 1351358227

Category: Business & Economics

Page: 280

View: 2833

Many of the maritime disputes today represent a competing interest of two groups: coastal states and user states. This edited volume evaluates the role of the United Nations Convention on the Law of the Sea (UNCLOS) in managing maritime order in East Asia after its ratification in 1994, while reflecting upon various interpretations of UNCLOS. Providing an overview of the key maritime disputes occurring in the Asia Pacific, it examines case studies from a selection of representative countries to consider how these conflicts of interest reflect their respective national interests, and the wider issues that these interpretations have created in relation to navigation regimes, maritime entitlement, boundary delimitation and dispute settlement.

Cases and Materials on Marine Insurance Law

Author: Susan Hodges

Publisher: Routledge

ISBN: 1135346933

Category: Law

Page: 1012

View: 5342

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.

International Cargo Insurance

Author: John Dunt

Publisher: Taylor & Francis

ISBN: 1317999231

Category: Law

Page: 500

View: 7080

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.

Managing Maritime Safety

Author: Helle A. Oltedal,Margareta Lützhöft

Publisher: Routledge

ISBN: 1351363921

Category: Technology & Engineering

Page: 176

View: 7061

Shipping is a pillar of global trade, with 90 per cent of the world’s trade in goods and raw materials carried by ship. Despite the economic benefits this delivers, maritime operations can be dangerous, and when accidents occur the consequences are serious. Consequential outcomes from hazards at sea include serious injury, death, loss of cargo and destruction of the marine environment. Managing Maritime Safety will give you a thorough understanding of contemporary maritime safety and its management. It provides varying viewpoints on traditional safety topics in conjunction with critical discussions of the international safety management code and its application. The book also offers new perspectives on maritime safety such as ship and equipment design for safety and the relevance of safety management systems, in particular the application of the International Safety Management code to remote controlled or autonomous ships. The authors all work in the maritime industry, as practitioners, in education, research, government and classification. The combination of wide-ranging and extensive experience provides an unprecedented span of views with a strong connection to the real issues in the maritime domain. This book sets out to provide much needed consolidated knowledge for university level students on maritime safety management, incorporating theoretical, historical, research, operational and design perspectives.

Causation in Insurance Contract Law

Author: Meixian Song

Publisher: CRC Press

ISBN: 1317685016

Category: Law

Page: 188

View: 3297

Causation is a crucial and complex issue in ascertaining whether a particular loss or damage is covered in an insurance policy or in a tort claim, and is an issue that cannot be escaped. Therefore, this unique book will assist practitioners in answering one of the most important questions in the handling of their insurance and tort claims. Through extensive case law analysis, this book scrutinises the causation theory in marine insurance and non-marine insurance law, and provides a comparative study on the causation test in tort law. In addition, the author expertly applies causation questions in concrete scenarios, and ultimately, this book provides a single volume solution to a very complex but essential question of insurance law and tort law. Causation in Insurance Contract Law also comes with a foreword written by Professor Robert Merkin. This book will be an invaluable guide for insurance industry professionals, as well as legal practitioners, academics and students in the fields of insurance and tort law.

Marine Insurance at the Turn of the Millennium

Author: Marc Huybrechts,Eric Van Hooydonk,Christian Dieryck

Publisher: Intersentia nv

ISBN: 9050951295

Category: Law

Page: 260

View: 2259

Both volumes present an in depth analysis of actual marine insurance relative to hull insurance, cargo insurance and P&I insurance. The impact of European law on marine insurance and, more specifically, European Competition Rules in relation to P&I insurance are covered. In addition, specific issues such as the future Belgian Marine Insurance statute and the Antwerp Marine Policy are dealt with. The subjects are covered in a broad comparative law perspective, combining practice and theory. Also topics such as the ISM code and its relation to marine insurance and the position of classification societies and quality insurance are considered.

The York-Antwerp Rules: The Principles and Practice of General Average Adjustment

Author: N. Geoffrey Hudson,Michael Harvey

Publisher: Taylor & Francis

ISBN: 135185335X

Category: Law

Page: 409

View: 2019

Written from the perspective of the Average Adjuster, and updated to include a detailed analysis of the new rules adopted in 2016, this book is an essential read for practitioners in maritime law and marine insurance. The book contains:? historical references regarding the establishment of General Average from Roman Law onwards; details of the establishment of International rules to achieve uniformity in the adjustment of General Average and their development: the Glasgow Resolutions of 1860;? the York rules of 1864; and the York-Antwerp Rules 1877, 1890, 1924, 1950, 1974, 1994, 2004 and 2016; a detailed analysis of the York-Antwerp Rules 2016;? CMI Guidelines relating to General Average; general average security; general average absorption clauses; and? new to this edition: insurance of average disbursements.

Carriage of Goods by Sea, Land and Air

Uni-modal and Multi-modal Transport in the 21st Century

Author: Baris Soyer,Andrew Tettenborn

Publisher: CRC Press

ISBN: 1135124191

Category: Law

Page: 480

View: 9454

Written by a combination of top academics, industry experts and leading practitioners, this book offers a detailed insight into both unimodal and multimodal carriage of goods. It provides a comprehensive and thoroughly practical guide to the issues that matter today on what is a very complex area of law. From the papers delivered at the 8th International Colloquium organised by Swansea Law School's prestigious Institute of International Shipping and Trade Law, this original work considers current opinions, trends and issues arising from contracts of carriage of goods by sea, land, air, and multi-modal combinations of these, not to mention the legal position of vital participants such as freight forwarders, terminal operators and cargo insurers. The topics under discussion range through issues such as paperwork, piracy, liability for defective containers, damage in transit, the CMR Convention, and the possible effects of the Rotterdam Rules. An indispensable resource for transport lawyers, industry professionals, academics and post-graduate students of maritime law.

Marine Cargo Insurance

Author: John Dunt

Publisher: CRC Press

ISBN: 1317991613

Category: Law

Page: 576

View: 3678

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

Insuring Cargoes

A Practical Guide to the Law and Practice

Author: K. S. Vishwanath

Publisher: Damaris Publishing

ISBN: 9781905331956

Category: Marine insurance

Page: 544

View: 967