Marine Cargo Insurance
Description
The third 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, and now co-authored by a practicing marine insurance specialist, the work expertly examines marine cargo insurance by reference to important English and foreign legal cases as well as the Marine Insurance Act 1906 and the Insurance Act 2015. 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 state the law on duty of fair presentation, warranties. and exclusions in terms of the Insurance Act 2015
- A brand new section on the Joint Cargo Committee Communicable Disease Exclusion Clauses introduced by the JCC following the Covid-19 pandemic
- A new section devoted to cyber risks, which considers and examines the latest clauses in use in the market
- Insurable interest in cargo revised and expanded in light of Quadra Commodities SA v. XL Insurance Company SE
- The chapter on choice of law and jurisdiction extensively revised following Brexit to include the new subsidiary legislation applying Rome I and the changes to the jurisdiction rules now based on the Hague Convention 2005 and the common law
- Fraudulent claims re-written in light of the Insurance Act 2015 and The Supreme Court's decision in The "DC Merwestone", abolishing fraudulent devices
- Non-existent goods extensively revised in light of the recent caselaw including Engelhart CTP (US) LCC v. Lloyd's Syndicate 1221; Quadra Commodities SA v. XL Insurance Company SE and ABN Amro Bank NV v Royal & Sun Alliance Insurance plc
- Consideration of when a loss occurs as a result of detention amended to include AerCap Ireland Limited v. AIG Europe SA & Others (Russian Aircraft Lessor Policy Claims)
- "mysterious disappearance" considered in light of AXL Resources v Antares Underwriting
- Damages for late payment of claims revised and re-written in light of the Insurance Act 2015, s.13(A)(1) and the decisions in Quadra Commodities SA v. XL Insurance SE and The"Win Win"
- Fully updated with all of the significant insurance cases since 2015, including Swashplate v Liberty Mutual; construction of marine cargo insurance contracts and Young v RSA, Insurance Act 2015, fair presentation, waiver
- Updated to include numerous recent foreign cases on marine cargo insurance
- Exceptionally comprehensive appendices which include all relevant legislation and Institute Clauses, now updated to include the JCC Communicable Disease Clause and the JCC Marine Cargo Cyber Exclusion Clauses
This unique text is a one-stop resource for marine lawyers handling cargo insurance claims, and will also be of interest to students and researchers of maritime law.
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Persons
John Dunt is a Visiting Fellow at the Institute of Maritime Law within the Southampton Law School at the University of Southampton. He qualified as a solicitor in 1972 and joined Clyde & Co in 1975. He was a partner from 1977 to 2007 specializing in marine insurance, with particular reference to cargo insurance. John was ex-officio legal advisor to the Joint Cargo Committee from December 1999 to April 2007 and was involved in drafting the wordings used in marine cargo insurance policies worldwide to control terrorism risks. He was also a member of the Joint Cargo Committee Working Party responsible for updating and revising the Institute Cargo Clauses 2009. He currently continues his interest in the law of marine cargo insurance and contributes to books and journals on the subject.
Jennifer Lavelle is a Marine Claims and Policy Specialist at Clyde & Co LLP. She specialises in providing marine and non-marine policy coverage advice to major international insurers and trading companies worldwide. Jennifer has a Ph.D. in commercial law and a Masters in maritime law. Before joining Clyde & Co. in 2015, she researched and taught various commercial and maritime law subjects at the University of Southampton, contributing to Merkin, Marine Insurance Legislation (5th edition) and Clarke (ed.), Maritime Law Evolving. Jennifer also spent some two years at UNCTAD in Geneva, where she contributed to numerous reports on the international legal regimes for countering piracy and for providing compensation for ship-source oil pollution.
Content
1. HISTORY AND DEFINITION OF MARINE CARGO INSURANCE 2. LAW AND JURISDICTION CLAUSES 3. OPEN COVERS, POLICIES AND CERTIFICATES OF INSURANCE 4. INSURABLE INTEREST AND THE INDEMNITY PRINCIPLE 5. DUTY OF FAIR PRESENTATION: NON-DISCLOSURE AND MISREPRESENTATION 6. WARRANTIES, CONDITIONS AND EXCLUSIONS 7. CAUSATION 8. ALL RISKS: LIMITATIONS AND EXCLUSIONS 9. NAMED PERILS: LIMITATIONS AND EXCLUSIONS 10. WAR, STRIKES, TERRORISM, CYBER AND REJECTION RISKS 11. DURATION: THE TRANSIT CLAUSE 12. DURATION: TERMINATION OF CARRIAGE AND CHANGE OF VOYAGE 13. CLAIMS AND LOSSES 14. RECOVERABLE EXPENSES AND LIABILITIES 15. MEASURE OF INDEMNITY 16. SUBROGATION, DOUBLE INSURANCE AND RIGHTS OF CONTRIBUTION