Chalmers' Marine Insurance Act 1906
Bloomsbury Professional (Verlag)
978-1-78043-125-3 (ISBN)
As marine insurance is encompassed by the Marine Insurance Act 1906 this book provides the user with an unrivalled guide to, and understanding of how the Act has evolved and how it is implemented in practice. It is a desk top, every day reference tool for anyone involved in any of the aspects of marine insurance.
The new edition provides a new commentary reflecting the amendments to the Marine Insurance Act 1906 brought about the Insurance Act 2015.
Important cases that are analysed include:
· The DC Merwestone
· The B Atlantic
· Axa v Arig
· The Cendor MOPU
· The Bunga Melati Dua
Previous ISBN: 9781845925949
This title is included in Bloomsbury Professional's Maritime and Shipping Law online service.
All the authors are from Quadrant Chambers. Quadrant Chambers holds a pre-eminent international position in all aspects of the shipping sector and is viewed as one of the leading shipping sets internationally. Simon Rainey, KC has been cited for many years as a Leading Silk in the areas of Shipping by Legal 500 and Chambers and Partners. Guy Blackwood, KC is listed as a leading junior by Chambers & Partners in the category of insurance & reinsurance. David Walsh is a junior and began his career at the Bar acting for the London insurance market in the complex and extensive marine insurance litigation arising from the constructive total loss of the "WD FAIRWAY", the largest navigational CTL ever experienced by the London market.
THE MARINE INSURANCE ACT 1906
Marine Insurance
1. Marine insurance defined
2. Mixed sea and land risks
3. Marine adventure and maritime perils defined
Insurable Interest
4. Avoidance of wagering or gaming contracts
5. Insurable interest defined
6. When interest must attach
7. Defeasible or contingent interest
8. Partial interest
9. Reinsurance
10. Bottomry
11. Master’s and seamen’s wages
12. Advance freight
13. Charges of insurance
14. Quantum of interest
15. Assignment of interest
Insurable Value
16. Measure of insurable value
Disclosure and Representations
17. Insurance is uberrimæ fi dei
18. Disclosure by assured
19. Disclosure by agent effecting insurance
20. Representations pending negotiation of contract
21. When contract is deemed to be concluded
The Policy
22. Contract must be embodied in policy
23. What policy must specify
24. Signature of insurer
25. Voyage and time policies
26. Designation of subject-matter
27. Valued policy
28. Unvalued policy
29. Floating policy by ship or ships
30. Construction of terms in policy
31. Premium to be arranged
Double Insurance
32. Double insurance
Warranties etc
33. Nature of warranty
34. When breach of warranty excused
35. Express warranties
36. Warranty of neutrality
37. No implied warranty of nationality
38. Warranty of good safety
39. Warranty of seaworthiness of ship
40. No implied warranty that goods are seaworthy
41. Warranty of legality
The Voyage
42. Implied condition as to commencement of risk
43. Alteration of port of departure
44. Sailing for different destination
45. Change of voyage
46. Deviation
47. Several ports of discharge
48. Delay in voyage
49. Excuses for deviation or delay
Assignment of Policy
50. When and how policy is assignable
51. Assured who has no interest cannot assign
The Premium
52. When premium payable
53. Policy effected through broker
54. Effect of receipt on policy
Loss and Abandonment
55. Included and excluded losses
56. Partial and total loss
57. Actual total loss
58. Missing ship
59. Effect of transhipment etc
60. Constructive total loss defined
61. Effect of constructive total loss
62. Notice of abandonment
63. Effect of abandonment
Partial Losses (including Salvage and General Average and Particular Charges)
64. Particular average loss
65. Salvage charges
66. General average loss
Measure of Indemnity
67. Extent of liability of insurer for loss
68. Total loss
69. Partial loss of ship
70. Partial loss of freight
71. Partial loss of goods, merchandise etc
72. Apportionment of valuation
73. General average contributions and salvage charges
74. Liabilities to third parties
75. General provisions as to measure of indemnity
76. Particular average warranties
77. Successive losses
78. Suing and labouring clause
Rights of Insurer on Payment
79. Right of subrogation
80. Right of contribution
81. Effect of under-insurance
Return of Premium
82. Enforcement of return
83. Return by agreement
84. Return for failure of consideration
Mutual Insurance
85. Modification of Act in case of mutual insurance
Supplemental
86. Ratification by assured
87. Implied obligations varied by agreement or usage
88. Reasonable time etc, a question of fact
89. Slip as evidence
90. Interpretation of terms
91. Savings
94. Short title
First Schedule
Form of policy
Rules for construction of policy
APPENDIX I – INSURANCE ACT 2015
APPENDIX II – THE INSTITUTE CLAUSES
(1) Hull Clauses
Time
Voyage
War and Strikes (Time)
War and Strikes (Voyage)
(2) Freight Clauses
Time
Voyage
War and Strikes (Time)
(3) Cargo Clauses
(A)
(B)
(C)
War
Strikes
APPENDIX III — YORK-ANTWERP RULES 2016
APPENDIX IV — RULES OF PRACTICE
APPENDIX V — No. 94 – ORDER FOR PRODUCTION OF DOCUMENTS IN MARINE INSURANCE CLAIM
APPENDIX VI — THE MARINE INSURANCE ACT 1906
(1st EDITION) BY SIR MD CHALMERS AND DOUGLAS OWEN, PUBLISHED 1907
| Erscheint lt. Verlag | 30.4.2019 |
|---|---|
| Verlagsort | London |
| Sprache | englisch |
| Maße | 156 x 248 mm |
| Gewicht | 1015 g |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Wirtschaftsrecht ► Bank- und Kapitalmarktrecht | |
| Recht / Steuern ► Wirtschaftsrecht ► Handelsrecht | |
| ISBN-10 | 1-78043-125-2 / 1780431252 |
| ISBN-13 | 978-1-78043-125-3 / 9781780431253 |
| Zustand | Neuware |
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