Perils Of The Seas And Inherent Vice In Marine Insurance Law

Author : Ayça Uçar
Publisher : Routledge
Page : 198 pages
File Size : 54,7 Mb
Release : 2020-10-28
Category : Law
ISBN : 9781000207729

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Perils of the Seas and Inherent Vice in Marine Insurance Law by Ayça Uçar Pdf

The Supreme Court ruling in Global Process System Inc. v Syarikat Takaful Malaysia Berhad (The Cendor MOPU) created a shock wave in the London marine insurance market, as the Supreme Court decision changed the boundaries of doctrine with respect to the meaning of ‘perils of the sea’ and ‘inherent vice’. Both phrases play an important role in the insurance market, affecting both assureds and insurers and their respective interests under all classes of marine insurance policies. This book reviews the origin of the clauses ‘perils of the sea’ and ‘inherent vice’ by tracing back through the early cases in order to understand the origin and noting how and why the changes occurred. It will examine how the law has been developed in the recent cases and discuss whether the Supreme Court case The Cendor MOPU has overruled the previous cases in terms of the clauses ‘inherent vice’ and ‘perils of the sea’. Considering the impact of The Cendor MOPU decision with respect to the Marine Insurance Act 1906, as well as the standard Institute Cargo Clauses, it evaluates whether the decision is consistent with these things and discusses the effect of the decision on recent cases and on the insurance market.

Author : Ayça Uçar
Publisher : Routledge
Page : 172 pages
File Size : 55,5 Mb
Release : 2020-10-28
Category : Law
ISBN : 9781000207804

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Perils of the Seas and Inherent Vice in Marine Insurance Law by Ayça Uçar Pdf

The Supreme Court ruling in Global Process System Inc. v Syarikat Takaful Malaysia Berhad (The Cendor MOPU) created a shock wave in the London marine insurance market, as the Supreme Court decision changed the boundaries of doctrine with respect to the meaning of ‘perils of the sea’ and ‘inherent vice’. Both phrases play an important role in the insurance market, affecting both assureds and insurers and their respective interests under all classes of marine insurance policies. This book reviews the origin of the clauses ‘perils of the sea’ and ‘inherent vice’ by tracing back through the early cases in order to understand the origin and noting how and why the changes occurred. It will examine how the law has been developed in the recent cases and discuss whether the Supreme Court case The Cendor MOPU has overruled the previous cases in terms of the clauses ‘inherent vice’ and ‘perils of the sea’. Considering the impact of The Cendor MOPU decision with respect to the Marine Insurance Act 1906, as well as the standard Institute Cargo Clauses, it evaluates whether the decision is consistent with these things and discusses the effect of the decision on recent cases and on the insurance market.

Author : Susan Hodges
Publisher : Routledge
Page : 915 pages
File Size : 54,9 Mb
Release : 2013-03-04
Category : Law
ISBN : 9781135426804

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Law of Marine Insurance by Susan Hodges Pdf

This book provides a critical and comprehensive study of the law of marine insurance. The book explores the relationship and interaction between the Marine Insurance Act 1906, the common law and the terms of the Institute Clauses.

Author : Ozlem Gurses
Publisher : Routledge
Page : 603 pages
File Size : 53,9 Mb
Release : 2015-03-02
Category : Law
ISBN : 9781317929239

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Marine Insurance Law by Ozlem Gurses Pdf

This book expertly introduces and clearly explains all topics covered in marine insurance law courses at undergraduate and postgraduate levels, offering students and those new to the area a comprehensive and accessible overview of this important topic in commercial law. Beginning by introducing the general principles of the subject, the structure and formation of insurance contracts, Marine Insurance Law then looks to individual considerations in detail, including: brokers, losses, risks and perils, sue and labour, reinsurance, and mutual insurance/P&I clubs. This title has been developed with the needs of courses specifically in mind, and its content has been tailored to include the most important and commonly taught topics in the field. Each chapter contains end of chapter further reading to support student research, ensuring this new textbook provides a reliable and accessible gateway into this important topic in maritime law

Author : Özlem Gürses
Publisher : Routledge
Page : 654 pages
File Size : 40,6 Mb
Release : 2016-08-12
Category : Law
ISBN : 9781317210337

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Marine Insurance Law by Özlem Gürses 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 : Rhidian Thomas
Publisher : CRC Press
Page : 306 pages
File Size : 52,5 Mb
Release : 2015-10-14
Category : Law
ISBN : 9781317424734

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The Modern Law of Marine Insurance by Rhidian Thomas Pdf

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.

Author : Susan Hodges
Publisher : Taylor & Francis
Page : 1012 pages
File Size : 55,5 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 : George R. Strathy,George Cameron Moore
Publisher : Markham, Ont. : LexisNexis Butterworths
Page : 538 pages
File Size : 40,8 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

Author : Meixian Song
Publisher : Taylor & Francis
Page : 224 pages
File Size : 44,6 Mb
Release : 2024-02-15
Category : Law
ISBN : 9781003844907

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Causation in Insurance Contract Law by Meixian Song Pdf

Causation is a crucial and complex matter 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. Now in its second edition, this unique book assists practitioners in answering one of the most important questions faced in the handling of 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. Thoroughly revised and updated throughout to include the Insurance Act 2015, several landmark cases and potential impacts of the Covid-19 pandemic, the second edition also features an introduction re-written to clarify elementary and central questions of causation in insurance law and tort. Additionally, it also provides three brand new chapters on Factual Causation and Legal Causation, Causation and Interpretation, and Causation and Measure of Losses to provide a deeper and more thorough analysis, comparing academic approaches and juridical approaches to addressing causation issues in insurance claims. This book is an invaluable and unique guide for insurance industry professionals, as well as legal practitioners, academics and students in the fields of insurance and tort law.

Author : Francis Rose
Publisher : CRC Press
Page : 958 pages
File Size : 41,7 Mb
Release : 2013-07-31
Category : Law
ISBN : 9781317984443

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Marine Insurance by Francis Rose Pdf

Marine Insurance: Law and Practice, Second Edition, continues to provide the most comprehensive and integrated account of the English law and practice of marine insurance. It provides readers with a fresh and up-to-date review of the modern law in the light of traditional principles and rules of underlying commercial law, and the specific statutory rules of marine insurance as interpreted by case law, as moderated in practice by market practices and standard form marine insurance clauses. Francis Rose clarifies the law’s underlying framework of principles and illustrates how it works in common contractual situations, explaining how the different components of the law interact. The new edition has been updated to incorporate: • the most recent case law: there have been some very important judgments handed down since the book first published, including: The Cendor MOP, The Silva, The Resolute and The Marina Iris • the implications of the introduction of: Institute Cargo Clauses 2009, the effect of the Gambling Act 2005 and the Third Parties (Rights Against Insurers) Act 2010 Law Commission reform proposals The book explores in detail the following areas: • the nature of insurance • insurable interest • the insurance contract • the premium • insured risks • marine risks • exclusions • losses • claims • subrogation • double insurance

Author : Marc Huybrechts,E. van Hooydonk,Christian Dieryck
Publisher : Unknown
Page : 452 pages
File Size : 51,6 Mb
Release : 1999
Category : Business & Economics
ISBN : UVA:35007004633024

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Marine Insurance at the Turn of the Millennium by Marc Huybrechts,E. van Hooydonk,Christian Dieryck Pdf

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.

Author : Aysegul Bugra
Publisher : Taylor & Francis
Page : 208 pages
File Size : 50,8 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 : Malcolm Clarke
Publisher : A&C Black
Page : 490 pages
File Size : 53,9 Mb
Release : 2014-07-18
Category : Law
ISBN : 9781782250418

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Maritime Law Evolving by Malcolm Clarke Pdf

To mark the 30th anniversary of the Institute of Maritime Law at Southampton University, current and former maritime law researchers came together to discuss the evolution of this fascinating area of law in the last 30 years and to stimulate discussion on its possible future. Their papers, edited by Professor Malcolm Clarke under the title Maritime Law Evolving, provide a series of thought-provoking essays on the most controversial and topical issues which have occupied maritime law researchers in the last three decades and which will continue to be at the heart of this ever-evolving discipline in the foreseeable future. The resulting work cuts across disciplines, spanning developments in areas as diverse as the management of the oceans and the evolution of the carriage and insurance sides of shipping law, including the ever- increasing influence of the European legislator in matters of conflict of laws and enforcement.

Author : Sir Joseph ARNOULD
Publisher : Unknown
Page : 620 pages
File Size : 44,6 Mb
Release : 1866
Category : Electronic
ISBN : BL:A0026650613

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A Treatise on the Law of Marine Insurance and Average; with References to the American Cases and the Later Continental Authorities by Sir Joseph ARNOULD Pdf

Author : Sir Joseph Arnould
Publisher : Unknown
Page : 780 pages
File Size : 54,6 Mb
Release : 1848
Category : Average (Maritime law)
ISBN : OXFORD:N10983379

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A Treatise on the Law of Marine Insurance and Average by Sir Joseph Arnould Pdf