Marine Insurance Law And Practice

Marine Insurance: Law and Practice, 2nd 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 recent case law such as The Cendor MOP, The Silva, The Resolute and The Marina Iris. Also considered are the implications of the introduction of the 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:-

1. The nature of insurance;
2. Insurable interest;
3. The insurance contract;
4. The premium;
5. Insured risks;
6. Marine risks;
7. Exclusions;
8. Losses;
9. Claims;
10. Subrogation; and
11. Double insurance.

1. The nature of insurance
2. The subject matter of insurance
3. Insurable interest
4. Intermediaries
5. Presentation of the risk and utmost good faith
6. The contract
7. Parties
8. The premium
9. Terms of the contract
10. Period of cover
11. Departure of cover
12. Varying cover
13. Insured risks
14. Marine risks
15. Inchmaree risks
16. Liabilities
17. Discord (“War and Strikes”) risks
18. Exclusions
19. Causation
20. Aversion and minimization of loss
21. Losses
22. Partial losses
23. Total loss
24. Abandonment
25. Quantifying the indemnity
26. Claims
27. Subrogation and recoupment
28. Double insurance and contribution

APPENDICES
1. Marine Insurance Act 1906
2. Marine Insurance (Gambling Policies) Act 1909
3. Third Parties (Rights Against Insurers) Act 1930
4. Marine and Aviation Insurance (War Risks) Act 1952
5. Lloyd’s Marine Policy
6. IUA Marine Policy (IUA1)
7. Institute Cargo Clauses (A) 1/1/82
8. Institute Cargo Clauses (B) 1/1/82
9. Institute Cargo Clauses (C) 1/1/82
10. Institute Time Clauses (Hulls) 1/10/83
11. Institute Voyage Clauses (Hulls) 1/10/83
12. Institute Time Clauses (Freight) 1/10/83
13. Institute Voyage Clauses (Freight) 1/10/83
14. Institute War Clauses (Cargo) 1/1/82
15. Institute Strikes Clauses (Cargo) 1/1/82
16. Institute War and Strikes Clauses – Hulls – Time 1/10/83
17. Institute War and Strikes Clauses – Hulls – Voyage 1/10/83
18. Institute War and Strikes Clauses – Freight – Time 1/10/83
19. Institute War and Strikes Clauses – Freight – Voyage 1/10/83
20. International Hull Clauses 1/10/83
21. Association of Average Adjusters Rules of Practice 1977
22. York-Antwerp Rules 2004