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Author: Thomas J. Schoenbaum
Publisher: Cornell Maritime Press/Tidewater Publishers
ISBN:
Category : Business & Economics
Languages : en
Pages : 232
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Book Description
From the time of Elizabeth I in the second half of the sixteenth century, London has dominated the marine insurance markets. This led the English to develop a law of marine insurance as well. A Chamber of Assurances was established in England in 1575, and the law of marine insurance, rooted in custom, developed through the cases decided by the courts. In the United States, marine insurance underwriting began in the eighteenth century, although British firms continued to dominate. The American law of marine insurance took its cue from English law; there was no American statute, and English legal precedents were cited routinely in American courts. For fifty years after the English law was codified in the Marine Insurance Act 1906 (MIA), it could truly be said that there was a unified Anglo-American law of marine insurance, and that English law was part of the "general maritime law" of the United States. The unity of the Anglo-American law, which was so beneficial to the international marine insurance industry, was broken abruptly in 1955 by the decision of the United States Supreme Court in Wilburn Boat v. Fireman's Fund Insurance Co., a case that created controversies over the uniformity of the law that have yet to subside. The purpose of this work is to explore the extent of the breakdown of the uniformity of the law and to point to its cure.
Author: Thomas J. Schoenbaum
Publisher: Cornell Maritime Press/Tidewater Publishers
ISBN:
Category : Business & Economics
Languages : en
Pages : 232
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Book Description
From the time of Elizabeth I in the second half of the sixteenth century, London has dominated the marine insurance markets. This led the English to develop a law of marine insurance as well. A Chamber of Assurances was established in England in 1575, and the law of marine insurance, rooted in custom, developed through the cases decided by the courts. In the United States, marine insurance underwriting began in the eighteenth century, although British firms continued to dominate. The American law of marine insurance took its cue from English law; there was no American statute, and English legal precedents were cited routinely in American courts. For fifty years after the English law was codified in the Marine Insurance Act 1906 (MIA), it could truly be said that there was a unified Anglo-American law of marine insurance, and that English law was part of the "general maritime law" of the United States. The unity of the Anglo-American law, which was so beneficial to the international marine insurance industry, was broken abruptly in 1955 by the decision of the United States Supreme Court in Wilburn Boat v. Fireman's Fund Insurance Co., a case that created controversies over the uniformity of the law that have yet to subside. The purpose of this work is to explore the extent of the breakdown of the uniformity of the law and to point to its cure.
Author: Kyriaki Noussia
Publisher: Springer Science & Business Media
ISBN: 3540490744
Category : Law
Languages : en
Pages : 307
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Book Description
This book discusses legal issues related to the principle of indemnity in marine insurance contracts as well as disputes that may arise in a representative sample of common and continental law jurisdictions. It offers a comparative examination of Australian, English, Canadian, French, Greek, Norwegian and U.S. law. It examines the scope for a legal reform and the potential of achieving a better, more flexible, and modern indemnification regime.
Author: Alastair Owen
Publisher: Taylor & Francis
ISBN: 100039851X
Category : Law
Languages : en
Pages : 342
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Book Description
The book provides a detailed review of efforts to reform the law on insurance warranties in Australia, New Zealand and the UK, arguing that none of these have been successful. The text proposes a radical new approach to reform of this area of the law, demonstrating through detailed stress testing of these proposals that they would deliver more consistent and equitable outcomes than those achieved to date. Reform of the historically inequitable law of insurance warranties in commercial insurance has been introduced in Australia, New Zealand and, most recently, the UK. This book demonstrates that all these reforms have flaws and that none of them can be relied upon to deliver consistently equitable and predictable outcomes; in particular the UK’s, as yet largely untested, Insurance Act 2015 is shown to have serious flaws that have not previously been identified. Building on lessons from these three jurisdictions, the book sets out an alternative approach for dealing with breaches of insurance warranties and demonstrates that this would consistently deliver better outcomes than any of the existing attempts at reforming this area of the law. Providing an unprecedented multi-jurisdictional review of the law on insurance warranties and in particular the treatment of warranties in the Insurance Act 2015, as well as outlining an innovative and radical alternative approach to reform, the book will be of considerable interest and value to practitioners, academics and students, as well as to other common law jurisdictions contemplating reform of this area of the law.
Author: Baris Soyer
Publisher: Cavendish Publishing
ISBN: 1843142988
Category : Business & Economics
Languages : en
Pages : 497
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Book Description
First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.
Author: Francis Rose
Publisher: CRC Press
ISBN: 1317984447
Category : Law
Languages : en
Pages : 1476
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Book Description
Marine Insurance: Law and Practice, Second 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: • the most recent case law: there have been some very important judgments handed down since the book first published, including: The Cendor MOP, The Silva, The Resolute and The Marina Iris • the implications of the introduction of: 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: • the nature of insurance • insurable interest • the insurance contract • the premium • insured risks • marine risks • exclusions • losses • claims • subrogation • double insurance
Author: Chia-Jui Cheng
Publisher: Kluwer Law International B.V.
ISBN: 9041140654
Category : Law
Languages : en
Pages : 2007
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Book Description
Anyone involved in trade law knows the time-consuming nature of obtaining primary source material and consulting each of the main trade laws. Now in its fourth edition, Basic Documents in International Trade Law solves this problem by assembling, in a single, easy-to-use resource, a very comprehensive collection of the most important and frequently used documents on the law of international trade. In addition to its obvious practical value, this work reveals much about the process of harmonization in international trade law and the operation of the key international trade bodies. This makes the book a helpful reference for international business lawyers, researchers, legislators and government officials in the field. Since the successful publication of the previous editions of the book, the appearance of new conventions and model laws has considerably enriched the law of international trade, and the present edition contains a wealth of new material. The book has been substantially revised and several new instruments have been included. Among the most significantly important improvements to this new edition are new chapters added to different parts of the book, a redesigned and thoroughly revised Part 6 reflecting the expansion of intellectual property rights under the framework of treaties administered by World International Property Organization, and bibliographies and other research resources updated and enlarged to include an extraordinarily rich collection of books and articles in many trading languages besides English, including, for the first time, major Chinese works in the international trade law field. As the late Prof. Clive M. Schmitthoff commented on the first edition, the book ‘is not only of practical usefulness but has also considerable jurisprudential value’, and ‘reveals the methodology of the harmonization process in the area of international trade law’. The International Business Lawyer first commented in 1987 that the book ‘can only be described as a “vade mecum” for every international business lawyer’, an assessment that now seems more merited than ever.
Author: D. Rhidian Thomas
Publisher: Informa Law from Routledge
ISBN:
Category : Business & Economics
Languages : en
Pages : 550
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Book Description
This volume focuses on current issues affecting the market with regard to marine insurance. Written by a team of leading academics and practitioners, it analyzes the contemporary questions and debates in the law arising out of market practice and provides an up-to-date analysis of the law of marine insurance. Topics covered include: - held covered clauses, incorporation of terms into reinsurance contracts, valued policies, insurable interest, warranties, wilful misconduct, counter-claims by insurers and jurisdiction. It also provides an comparative analysis of the law and practice in Europe, Australia and the USA. Cumulatively the contributions provide a comprehensive statement of the modern law and practice of marine insurance.
Author: Baris Soyer
Publisher: CRC Press
ISBN: 1317746236
Category : Law
Languages : en
Pages : 527
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Book Description
This book provides a comprehensive and coherent legal analysis of the impact of fraud on the position of various parties to a marine insurance contract, as well as the cover provided by standard marine policies. The issues under discussion in this invaluable guide are also equally relevant in the context of non-marine insurance contracts. Helpfully divided into two parts; the first part deals with the impact of fraud committed by parties to an insurance contract i.e. the assured, brokers and insurers.The second part analyses the extent to which standard marine policies cover the fraudulent and dishonest activity of third parties to an insurance contract. This book will be of huge practical assistant to practitioners specialising in marine insurance as well as insurance generally, and to professionals, academics and post-graduate students.
Author: Andrei Kharchanka
Publisher: Andrei Kharchanka
ISBN: 9036766133
Category : Law
Languages : en
Pages : 227
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Book Description
Sailing from one port to another in order to deliver goods is one of the main purposes of any commercial maritime adventure. Although most of the ports in the world have some kind of navigational history and are described in detail on maps, groundings, delays, and other accidents still occur to vessels. With the growing complexity of vessels and the increasing cost of their operation, the amount of damages that the shipowner can suffer by delaying a vessel due to congestion or repairs can be significant. The issue of safe ports and berths naturally stems from the vessel’s operation. This dissertation delineates a meaning of safe ports and berth under English and American law, discusses a standard of culpability of the parties, and sets benchmarks on physical, political, administrative and ecological safety. A standard of liability of the parties responsible for nomination of the port is explained in detail. Under English law, it is a warranty of the charterers that encompasses strict liability for nomination of an unsafe port. American law provides two approaches: one of a warranty given by the charterers; another of a duty of due diligence of the charterers in selecting a port. Physical, political, administrative and environmental conditions of the port are discussed with examples of court’s decisions and arbitration awards. The dissertation concludes with a proposal that the due diligence approach will best reflect the modern realities of the shipping world.
Author: Ling Zhu
Publisher: Springer Science & Business Media
ISBN: 3540459030
Category : Law
Languages : en
Pages : 254
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Book Description
Oil tankers are not solely to blame for pollution at sea. Non-tankers have released numerous spills. The International Convention on Civil Liability for Bunker Oil Pollution Damage has been adopted, but has not yet come into force. This timely and comprehensive book studies compulsory insurance, its main purpose of ensuring compensation and its interrelations with other features such as the rule of strict liability, the limitation of liability of that convention.
