Insurance Law Implications Of Delay In Maritime Transport

Author : Aysegul Bugra
Publisher : Informa Law from Routledge
Page : 208 pages
File Size : 52,5 Mb
Release : 2019-12-12
Category : Electronic
ISBN : 0367878402

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Insurance Law Implications of Delay in Maritime Transport by Aysegul Bugra Pdf

Delay in a marine adventure is an important and frequent phenomenon of maritime transport as it affects various parties and their interests. Insurance Law Implications of Delay in Maritime Transport is the first single book to deal specifically with this issue in the context of insurance law. The book addresses the losses and expenses that may arise from delay or loss of time in maritime transport, the types of insurance available covering or excluding losses arising from it and the impact of delay on voyage policies. The author, Ayşegül Buğra, critically examines and evaluates the scope of several different types of marine insurance policies, including but not limited to: hull and machinery, cargo, freight, loss of hire and marine delay in start-up insurance. Furthermore, the book analyses the current law by tracing back the relevant common law authorities to the 18th century and examines the wordings used in practice from that time to today with a comprehensive and critical approach. This unique text will be of great interest to legal practitioners, shipping professionals and academics alike.

Author : Aysegul Bugra
Publisher : Taylor & Francis
Page : 208 pages
File Size : 49,5 Mb
Release : 2017-07-06
Category : Law
ISBN : 9781134833726

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Insurance Law Implications of Delay in Maritime Transport by Aysegul Bugra Pdf

Delay in a marine adventure is an important and frequent phenomenon of maritime transport as it affects various parties and their interests. Insurance Law Implications of Delay in Maritime Transport is the first single book to deal specifically with this issue in the context of insurance law. The book addresses the losses and expenses that may arise from delay or loss of time in maritime transport, the types of insurance available covering or excluding losses arising from it and the impact of delay on voyage policies. The author, Ayşegül Buğra, critically examines and evaluates the scope of several different types of marine insurance policies, including but not limited to: hull and machinery, cargo, freight, loss of hire and marine delay in start-up insurance. Furthermore, the book analyses the current law by tracing back the relevant common law authorities to the 18th century and examines the wordings used in practice from that time to today with a comprehensive and critical approach. This unique text will be of great interest to legal practitioners, shipping professionals and academics alike.

Author : Susan Hodges
Publisher : Taylor & Francis
Page : 1012 pages
File Size : 52,8 Mb
Release : 2012-09-10
Category : Law
ISBN : 9781135346942

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Cases and Materials on Marine Insurance Law by Susan Hodges Pdf

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.

Author : Rhidian Thomas
Publisher : Taylor & Francis
Page : 362 pages
File Size : 52,9 Mb
Release : 2020-11-25
Category : Law
ISBN : 9781000340549

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Marine Insurance: The Law in Transition by Rhidian Thomas Pdf

The book examines and analyses in depth the specific issues which are currently occupying the marine insurance markets and the law. The London market is currently re-examining its practices and international competitiveness; and the English case law is growing significantly. The issues identified in the book are the “fundamental issues” on which marine insurance law is based, and which are in the process of being re-examined and developed further to respond to the needs of modern insurance practice. They are of wider interest to insurance law in general and the evolution of English law is analysed against the backdrop of legal developments in Europe and Scandinavia.

Author : Muhammad Masum Billah
Publisher : Springer Science & Business Media
Page : 330 pages
File Size : 47,9 Mb
Release : 2014-01-07
Category : Law
ISBN : 9783319034881

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Effects of Insurance on Maritime Liability Law by Muhammad Masum Billah Pdf

The book examines how the absence of insurance in the past led to some special maritime liability law principles such as ‘general average’ (i.e., losses or expenses shared by all the parties to a maritime adventure) and the limitation of shipowners’ liability. In the absence of insurance, these principles served the function of insurance mostly for shipowners. As commercial marine insurance is now widely available, these principles have lost their justification and may in fact interfere with the most important goal of liability law i.e., deterrence from negligence. The work thus recommends their abolition. It further argues that when insurance is easily available and affordable to the both parties to a liability claim, the main goal of liability law should be deterrence as opposed to compensation. This is exactly the case with the maritime cargo liability claims where both cargo owners and shipowners are invariably insured. As a result, the sole focus of cargo liability law should be and to a great extent, is deterrence. On the other hand in the vessel-source oil pollution liability setting, pollution victims are not usually insured. Therefore oil pollution liability law has to cater both for compensation and deterrence, the two traditional goals of liability law. The final question the work addresses is whether the deterrent effect of liability law is affected by the availability of liability insurance. Contrary to the popular belief the work attempts to prove that the presence of liability insurance is not necessarily a hindrance but can be a complementary force towards the realization of deterrent goal of liability law.

Author : Özlem Gürses
Publisher : Edward Elgar Publishing
Page : 393 pages
File Size : 50,5 Mb
Release : 2024-03-14
Category : Law
ISBN : 9781803926681

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Research Handbook on Marine Insurance Law by Özlem Gürses Pdf

This erudite Research Handbook presents in-depth analyses on marine insurance law, exploring its fundamental issues, legal conflicts and the ways in which technology has changed the marine insurance landscape. Bringing together a vast array of expert legal scholars and practitioners, this book adeptly relates marine insurance to international trade, cyber insurance and pandemic exclusions.

Author : Malcolm A. Clarke,George Leloudas
Publisher : CRC Press
Page : 197 pages
File Size : 54,5 Mb
Release : 2016-05-26
Category : Law
ISBN : 9781317645078

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Air Cargo Insurance by Malcolm A. Clarke,George Leloudas Pdf

Approximately 40 per cent of value of international trade comes from goods carried by air, and the consequences of goods being damaged, destroyed or delayed can be serious, substantial, and perhaps unforeseen. This exciting new book is the only one on the market that deals exclusively with air cargo insurance, and will therefore, be a vital addition to the collection of any practitioner, professional or academic working in the field. Air Cargo Insurance analyses the model policies and standard terms and conditions on the London markets. The authors also provide readers with an invaluable perspective on cases in other jurisdictions, and the book discusses freight forwarders’ relations with airlines and addresses the possibility of recovery from third parties. This book, written by two of the leading experts in the field, provides invaluable guidance to practitioners, arbitrators and cargo-claims professionals. It will help to ensure that air cargo insurance contracts are better drafted and enforceable, as well as assisting in cases of disputed claims. Academics and postgraduate students specialising in the areas of in air and insurance law will also find this book extremely useful.

Author : Ozlem Gurses
Publisher : Taylor & Francis
Page : 424 pages
File Size : 41,9 Mb
Release : 2016-08-12
Category : Law
ISBN : 9781317210344

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Marine Insurance Law by Ozlem Gurses Pdf

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.

Author : Robert Merkin,Johanna Hjalmarsson,Aysegul Bugra,Jennifer Lavelle
Publisher : CRC Press
Page : 555 pages
File Size : 49,6 Mb
Release : 2014-04-24
Category : Law
ISBN : 9781317811343

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Marine Insurance Legislation by Robert Merkin,Johanna Hjalmarsson,Aysegul Bugra,Jennifer Lavelle Pdf

Providing thorough, up-to-date coverage of the operation of marine insurance legislation, this text is an essential resource for today's marine insurance professional. Designed with the reader in mind, previous editions of this book have been heavily praised for its accessible and highly-practical format. Section by section, the authors deliver expert commentary on the Marine Insurance Act 1906 and related marine insurance legislation. The origin of each section or provision is clearly explained, along with the authorities decided since the legislation came into force. New to this edition: Heavily revised with the very latest case law since 2010, some of which having a dramatic effect on the law of marine insurance. The most important cases include The Cendor Mopu and Masefield v Amlin. All relevant new cases have been added from across the common law world Clarification on new legislation such as the Third Parties (Rights against Insurers) Act 2010 and the Consumer Insurance (Disclosure and Representations) Act 2012 The compulsory insurance provisions affecting oil pollution and passengers The rules on jurisdiction and choice of law in the Brussels Regulation and the Rome I Regulation This compressive text is indispensable for marine lawyers, industry professionals, and students of marine insurance law worldwide.

Author : John Dunt
Publisher : Taylor & Francis
Page : 814 pages
File Size : 44,8 Mb
Release : 2013-07-18
Category : Law
ISBN : 9781317999249

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International Cargo Insurance by John Dunt Pdf

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.

Author : Kyriaki Noussia
Publisher : Springer Science & Business Media
Page : 307 pages
File Size : 54,7 Mb
Release : 2007-08-06
Category : Law
ISBN : 9783540490746

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The Principle of Indemnity in Marine Insurance Contracts by Kyriaki Noussia Pdf

This book discusses legal issues related to the principle of indemnity in marine insurance contracts as well as disputes that may arise in a representative sample of common and continental law jurisdictions. It offers a comparative examination of Australian, English, Canadian, French, Greek, Norwegian and U.S. law. It examines the scope for a legal reform and the potential of achieving a better, more flexible, and modern indemnification regime.

Author : D. Rhidian Thomas
Publisher : Taylor & Francis
Page : 336 pages
File Size : 40,8 Mb
Release : 2023-02-21
Category : Law
ISBN : 9781000816242

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The Modern Law of Marine Insurance by D. Rhidian Thomas Pdf

This fifth volume in the series comprises ten contributions written by an expert team of academics and practitioners. Collectively they analyse and expound many of the contemporary legal issues and debates in the law and practice of marine insurance. The new volume is not to be considered as a "new edition" superseding the earlier volumes. To the contrary, it extends on the previous coverage and contributes to the expanding coverage of the series. It achieves this by introducing new topics for analysis and by noting significant developments in themes considered in earlier volumes, thereby providing a useful tool for keeping abreast of an ever developing body of judicial law. This volume tackles topics such as the impact of the Insurance Act 2015 on remedies and the pre-contractual duty of insurers, as well as a contribution from Professor Wilhelmsen on the state ship arrest as a peril under the Nordic Marine Insurance Plan and London terms. It explores the impact of Brexit on jurisdiction in marine insurance whilst also dedicating time to the comparison of US and English law relating to the duties of brokers, and analyses the "but for" test in marine insurance as well as historical development of the law relating to fraudulent claims. Alongside many other important topics, this book meticulously examines Direct and Third-Party claims against P & I Insurers, Passenger liabilities and class actions, Seaworthiness and the operation of the MIA 1906 s.39 post Insurance Act 2015 and the insuring of autonomous and remote-controlled vessels. This book is essential reading for maritime lawyers, brokers and insurance market practitioners, academics, and companies associated with the marine insurance markets worldwide.

Author : John Dunt
Publisher : CRC Press
Page : 893 pages
File Size : 40,7 Mb
Release : 2015-11-19
Category : Law
ISBN : 9781317637233

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Marine Cargo Insurance by John Dunt Pdf

The new edition of this British Insurance Law Association (BILA)-award winning text is the definitive reference source for marine cargo insurance law. Written by an author who was closely involved with the revisions to the Institute Cargo Clauses 2009, the work expertly examines marine cargo insurance by reference to important English and foreign legal cases as well as the Marine Insurance Act 1906. Logically arranged to reflect the structure of the Institute Cargo Clauses, the most widely used standard form of cover, this text offers easy to find solutions for today’s busy practitioner. New to this edition: Completely revised to include the Insurance Act 2015 (duty of fair presentation; warranties, fraudulent claims) Brand new chapter on the revised Institute Ancillary and Trade Clauses, including those to be introduced on 1 November 2015 Increased coverage of jurisdiction and choice of law, particularly taking into account the Rome I Regulation Enhanced coverage of the issue of Constructive Total Loss Consideration of the Law Reform Commission’s proposals for the reform of insurance law, and further amendments to the Marine Insurance Act 1906. Covers latest developments in the Enterprise Bill for damages for late payment of claims Fully updated with all of the influential cases since 2009, including: The Cendor MOPU, one of the most important marine insurance cases of the last 50 years. Clothing Management v Beazley Solutions Notable hull cases such as Versloot Dredging v HDI Gerling on fraudulent devices Influential foreign cases taken from this book’s sister text, International Cargo Insurance This unique text is a one-stop resource for marine insurance lawyers handling cargo claims, and will also be of interest to students and researchers of maritime law.

Author : Susan Hodges,Roy Carlile
Publisher : Routledge
Page : 1028 pages
File Size : 49,8 Mb
Release : 1999
Category : Insurance, Marine
ISBN : UVA:35007003323866

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Cases and Materials on Marine Insurance Law by Susan Hodges,Roy Carlile Pdf

This book provides a comprehensive collection of Cases and Materials On Marine Insurance Law. 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.

Author : George R. Strathy,George Cameron Moore
Publisher : Markham, Ont. : LexisNexis Butterworths
Page : 538 pages
File Size : 46,6 Mb
Release : 2003
Category : Business & Economics
ISBN : UVA:35007005460906

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The Law and Practice of Marine Insurance in Canada by George R. Strathy,George Cameron Moore Pdf