Arnould: Law of Marine Insurance and Average

18. Auflage 2014
ISBN: 978-0-414-02429-8
Verlag: Sweet & Maxwell

Buch, Englisch

Arnould is the leading and authoritative text on marine insurance law. It offers in-depth commentary on the principles of marine insurance in forming contracts, the reasons why contracts are rendered void, and issues arising out of loss.
The new edition deals with significant new case material generated since the previous edition in 2008 and takes account of the impact on marine insurance practice of piracy in recent years.
It will include coverage of new code material, and some of the documents of marine insurance that have undergone important changes.
The Appendices have been updated to incorporate the new Institute Cargo Clauses 2009 and the Violent Theft Piracy and Barratry Exclusions which are now widely used.
Specific topics which are featured are the Institute Cargo Clauses 2009, the Rome I Regulation, the Third Parties (Rights against Insurers) Act 2010 and the Consumer Insurance (Disclosure and Representations) Act 2012.
• Provides a in-depth commentary and analysis of the principles, law and
• practice of marine insurance
• Offers a first port of call for guidance and insight on the principles of marine insurance and their application in casesDiscusses legislation and market clauses
• Provides commentary on the key decision of the last few years, so you are up-to-date on how the courts are applying the principles in fresh situations
• Covers the formation and contents of marine insurance policies
• Provides a detailed examination of the matters which affect validity of cover
• Analyses the coverage of marine policies, the measure of indemnity and the rights and duties of the parties
• Discusses the reform proposals published by the English and Scottish Law Commissions

Autoren/Hrsg.

Gilman, Jonathan

Robert, M

Blanchard, Claire

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

• The contract of marine insurance generally
• Form and contents of marine policies
• The construction of marine policies
• Different classes of insurers on marine policies
• Jurisdiction and applicable law
• The premium: payment and return
• The assured's agents: rights, duties and liabilities
• Persons who may claim on the policy
• Naming the ship: floating policies and open cover arrangements
• The subjects of marine insurance
• Insurable interest
• Valuation of insurable interests
• Duration of risk: time policies and voyage policies
• Change of voyage, deviation and delay
• The pre-contractual duty of utmost good faith: general principles
• Non-disclosure
• Misrepresentation
• The post-contractual duty of utmost good faith and fraudulent claims
• Express warranties
• Implied warranties: seaworthiness
• Illegality of the risk
• Losses covered by the policy: general principles
• Marine risks
• War risks
• Sue and labour expenses
• General average
• Particular average
• Actual total loss
• Constructive total loss
• Abandonment
• Subrogation
• Double insurance and contribution
• Reinsurance
APENDICES:

• The Marine Insurance Act 1906 c
• Marine insurance policy forms and clauses
• York-Antwerp Rules
• Association of Average Adjusters Rules of Practice

Über Autor(innen)

Jonathan Gilman Q.C. www.essexcourt.net
Jonathan Gilman has been continuously involved with Arnould during a period of immense changes in the field of marine insurance, for nearly 40 years, starting as Junior Editor of the 16th edition and Senior Editor of subsequent editions and supplements.
His practice is in line with Chambers profile, with particular emphasis on insurance, reinsurance and shipping cases. He appears as Counsel in very many London arbitrations and regularly acts as umpire or arbitrator. He has been retained as an expert witness on English law in foreign proceedings on many occasions (mostly insurance or reinsurance cases) and has advised on numerous problems arising out of P&I club rules. He advises frequently on regulatory aspects of insurance and on IPT matters. He has also drafted numerous insurance policies and commercial contracts.

Professor Rob Merkin
Rob’s academic interests are in all areas of insurance and reinsurance law, and arbitration law, and his works include Colinvaux and Merkin’s Insurance Contract Law, Reinsurance Law, Motor Insurance Law, Compendium of Insurance Law, Arnould’s Law of Marine Insurance, Law of Insurance in Hong Kong, Arbitration Law, Annotated Arbitration Act 1996 and Singapore Arbitration Law.
Rob is the Editor of the Journal of Business Law, the British Insurance Law Journal, the Lloyd’s Law Reports, Arbitration Law Monthly and Insurance Law Monthly.
Rob is Honorary Professor of Law at the University of Auckland, visiting Professor at the Universities of Hong Kong and Queensland, and consultant to international law firm Norton Rose. He is past president of the British Insurance Law Association, vice-president of the International Association of Insurance Law (AIDA) and a consultant to the English and Scottish Law Commissions for their project on the reform of insurance law. In 2009 he was Distinguished Visitor for the Singapore Academy of Law, in 2010 he was awarded a prize by the Australian Insurance Law Association for his contribution to insurance law and in 2012 he was appointed to the Hotung Fellowship by the University of Canterbury, Christchurch, to deliver a series of lectures on earthquake insurance. He gives regular seminars for insurance companies, brokers, insurance regulators and law firms in the UK and internationally.

Claire Blanchard Q.C. http://www.essexcourt.net
Claire Blanchard QC has a specialist commercial practice and is an experienced advocate, both in Court and in international arbitration, and has appeared at all levels in the English Courts.
She has consistently been ranked by professional directories. She is recommended in Chambers & Partners UK Bar Guide (2011) in Commercial Dispute Resolution, Energy & Natural Resources, Insurance and Shipping & Commodities and in the Legal 500 (2011) in Energy, Insurance & Reinsurance and Commodities.
Claire has particular expertise in matters relating to shipping, energy and natural resources, insurance and reinsurance and international trade.
Mark Templeman Q.C. http://www.essexcourt.net
Mark Templeman appears regularly as an advocate in international arbitration, the Commercial Court and the Court of Appeal, and has also appeared in the Privy Council. His areas of practice include insurance and reinsurance (marine and non-marine), shipping, arbitration, banking, commercial fraud, commodities, sale of goods and letter of credit disputes. He is a CEDR accredited mediator. Although practising primarily in London, he has also appeared in court or in international arbitrations in New York, Bermuda, Rotterdam and the Turks and Caicos Islands.