Key Divergences in the Law of Marine Insurance Between English and American Law PDF Download
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Author: Thomas J. Schoenbaum
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Author: Thomas J. Schoenbaum
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Author: Thomas J. Schoenbaum
Publisher:
ISBN:
Category : Marine insurance
Languages : en
Pages : 522
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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: 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: 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: Sir Joseph Arnould
Publisher:
ISBN:
Category : Average (Maritime law)
Languages : en
Pages : 780
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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: 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: Sir Joseph Arnould
Publisher:
ISBN:
Category : Average
Languages : en
Pages : 832
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Author: Sir Joseph ARNOULD
Publisher:
ISBN:
Category :
Languages : en
Pages : 590
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Book Description
