Arnould: Law of Marine Insurance and Average

18. Auflage 2014
ISBN: 978-0-414-03493-8
Verlag: Sweet & Maxwell

Buch, Englisch, 2130 Seiten

Reihe: British Shipping Laws

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

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.41
- Marine insurance policy forms and clauses
- York-Antwerp Rules 2004
- Association of Average Adjusters Rules of Practice