Perils of the Seas and Inherent Vice in Marine Insurance Law

Perils of the Seas and Inherent Vice in Marine Insurance Law PDF

Author: Ayça Uçar

Publisher: Routledge

Published: 2020-10-28

Total Pages: 198

ISBN-13: 1000207722

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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.

Perils of the Seas and Inherent Vice in Marine Insurance Law

Perils of the Seas and Inherent Vice in Marine Insurance Law PDF

Author: Ayça Uçar

Publisher: Routledge

Published: 2020-10-28

Total Pages: 172

ISBN-13: 1000207803

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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.

Law of Marine Insurance

Law of Marine Insurance PDF

Author: Susan Hodges

Publisher: Routledge

Published: 2013-03-04

Total Pages: 915

ISBN-13: 1135426805

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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.

Marine Insurance at the Turn of the Millennium

Marine Insurance at the Turn of the Millennium PDF

Author: Marc Huybrechts

Publisher:

Published: 1999

Total Pages: 452

ISBN-13:

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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.

Marine Insurance Law

Marine Insurance Law PDF

Author: Özlem Gürses

Publisher: Taylor & Francis

Published: 2023-03-28

Total Pages: 556

ISBN-13: 1000844617

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Marine Insurance Law introduces and clearly explains all topics covered in undergraduate and postgraduate-level courses, offering students and those new to the area a comprehensive and accessible overview of this important topic in maritime law. Observing 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, warranties and conditions, brokers, the premium, causation and marine perils, losses, sue and labour, subrogation, fraudulent claims, and reinsurance. The third edition has been fully updated and expanded to cover additional pre-Marine Insurance Act 1906 (MIA 1906) cases, as well as the implications of the Insurance Act 2015 on the duty of fair presentation of the risk in business insurance and on the remedy for breach of a warranty. The reader will also read about the emphasis placed by the UK Supreme Court on the construction of s. 55 of the MIA 1906, and the challenges faced in respect of claims for a constructive total loss of the subject matter insured, which are especially current at the time the book is being prepared for its publication. This textbook is the ideal companion for any student, academic, and practitioner wishing to study the subject and to explore more detailed information on the principles of marine insurance law.

Marine Insurance Law

Marine Insurance Law PDF

Author: Ozlem Gurses

Publisher: Routledge

Published: 2015-03-02

Total Pages: 603

ISBN-13: 1317929233

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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

Marine Insurance

Marine Insurance PDF

Author: Donald O'May

Publisher:

Published: 1993

Total Pages: 720

ISBN-13:

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Starting with an historical view of marine insurance, this book then deals specifically with hull and cargo perils and cargo exclusions and goes on to cover cause, sue and labour, general average, salvage, total loss, subrogation and double insurance. It is intended for lawyers and non-lawyers

Cases and Materials on Marine Insurance Law

Cases and Materials on Marine Insurance Law PDF

Author: Susan Hodges

Publisher: Taylor & Francis

Published: 2012-09-10

Total Pages: 1012

ISBN-13: 1135346941

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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.

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