000			09030 a2200169 4500
999			_c653509 _d653509
008			191214b ||||| |||| 00| 0 eng d
020			_a9781138669239
082			_a346.42​0862 _bGUR.M
100			_aGürses, Özlem
245			_aMarine Insurance Law
250			_a2nd
260			_bTaylor &​ Francis Group _aNew York _c2017
300			_axxxiv, 431 pages
520			_aMachine generated contents note: Lloyd's of London Protection and indemnity clubs The law of marine insurance The Marine Insurance Act 1906 SG policy Contract of marine insurance Valued policy Unvalued policy Voyage and time policies Floating policies and open covers Assignment Assignment under the Marine Insurance Act 1906 The insurers right to defend the claim The Law of Property Act 1925 Assignment in equity Further reading London Company Market The Lloyd's market Syndicates Coverholder and binding authority Formation of insurance contracts When is a binding contract concluded? Signing down Agreements reached via emails Requirement of formal policy Can the MRC be a contract of insurance? The Leading Underwriter Clause Introduction Wagering contracts Legislation Definition of insurable interest Types of interest Ownership Contingent interest Contents note continued: Mortgagor and mortgagee Profit Pervasive interest Shareholder Valuable benefit Ordinary creditor Bailee Expectation 'as interest might appear thereafter' Defeasible interest Partial interest Freight Date for insurable interest The nature of the duty The scope of the duty Disclosure of material facts Misrepresentation Burden of proof Materiality Decisive influence test Increased risk test Mere influence test Inducement Proof of inducement Inducement is a subjective test and focuses on the actual insurer No inducement if the outcome is the same with full disclosure or true representation Negligent underwriting Misrepresentation by a third party Presumption of inducement Material facts Physical hazard Moral hazard Disclosure by agent effecting insurance Facts that need not be disclosed Remedies for breach Contents note continued: Avoidance under Insurance Act 2015 Other remedies under Insurance Act 2015 Variations Waiver of remedy for breach of the duty of good faith Waiver by affirmation Damages for misrepresentation Duration of the duty of good faith Scope of the post-contractual duty of good faith Remedy for breach of the post-contractual duty of good faith Conclusions about the post-contractual duty of good faith Insurers' duty of good faith Contracting out of the Insurance Act 2015 Definition Creating a warranty Express warranty Construction of warranties Present and continuing warranties Implied warranties Warranties of seaworthiness Voyage policies Time policies Privity Time policies: contractual warranties There is no warranty that goods are seaworthy Remedy Marine Insurance Act 1906 Insurance Act 2015 Strict compliance Waiver Waiver by an express policy wording Contents note continued: Waiver by estoppel 'Held covered' clauses The basis of the contract clauses Difference from conditions Terms not relevant to the actual loss Contracting out The custom (or fiction) Effect of receipt on policy Producing brokers - placing brokers The amount of premium Premium's due date The custom can be excluded Premium payment warranty Adjusted premium clauses Consequences of non-payment of premium Broker's cancellation clause Broker's lien 'Lien on the policy' - possessory lien Specific lien General lien Return of premium Total failure of consideration The premium is indivisible The risk may be divisible 'At and from' Gross premium to be returned Account adjustment between the broker and the insurer True meaning of cause proxima (proximate cause) Concurrent causes Insured perils Perils of the seas Contents note continued: Perils of the seas and unseaworthiness Insured perils under standard hull and cargo clauses Barratry of master, officers or crew Cargo risks Both to blame Forms of loss in marine insurance Actual total loss Where the subject matter is destroyed Where the subject matter insured is so damaged as to cease to be a thing of the kind insured Where the assured is irretrievably deprived of the insured subject matter Actual total loss of freight Time when actual loss must be constituted The subject matter insured is reasonably abandoned on account of its actual total Loss appearing to be unavoidable [s.60(1)] Where the subject matter insured is reasonably abandoned because it could not be preserved from actual total loss without an expenditure which would exceed its value when the expenditure had been incurred (s.60(1)) Recovery is unlikely Contents note continued: The cost of repairing the damage would exceed the value of the ship when repaired (s.60(2)(i)(b)) Insured value Cost of repair Place of repair Constructive total loss of goods Loss of voyage Date at which CTL to be assessed Notice of abandonment Form of notice and acceptance of abandonment Timing of notice of abandonment Circumstances in which notice of abandonment is not needed Acceptance of abandonment Constructive total loss of freight Successive total losses Measure of indemnity Partial loss of goods Partial loss of the ship Reasonable cost of repair Unrepaired vessels Partial loss of the freight Successive losses Successive unrepaired partial losses Mitigation of loss Principles of contract law Insurance law The existence of the duty to mitigate in insurance Sue and labour clauses: marine insurance Duration of the duty Contents note continued: The effect of illegality Ransom The quantum meruit principle Apportionment Supplementary or not Consequences of breach of section 78(4) Apprehension of loss Duty to mitigate in non-marine insurance What is a fraudulent claim? Dishonesty Materiality and inducement Remedy for making fraudulent claims Link with the duty of good faith Forfeiture of the claim Remedies for fraudulent claims Remedies for fraudulent claims in group insurance More on fraudulent means and devices Reform The effect of subrogation Insurer's rights in respect of the proceeds of the assured's recovery Insurer's rights in respect of the assured's rights against the third party Elements of subrogation The juridical basis of subrogation Insurer's subrogation rights Contents note continued: The insurer pays in full under the policy, but that payment does not fully indemnify the assured against his actual loss A claim on a policy is settled for less than its full value Limitations to subrogation The assured is the party that has suffered loss but is also the party responsible for that loss The nature of recovery by the assured from the third party Gifts (voluntary payments) Obligations of the assured and the insurer Permission to use his name by the insurer Acting in good faith (not to prejudice the insurers' subrogation rights) The insurer's duty not to prejudice the rights of the assured Subrogation action against co-assured Allocation of recovery from the third party between the assured and the insurer Insurance in layers Costs of proceeding against the third party Subrogation and abandonment Contribution Increased value policy Contents note continued: Brokers: servants of the market Duties of the brokers Pre-contractual duties: duties on placement To exercise reasonable care and skill to meet the assured's requirements Broker's duties are not absolute but rather a requirement to exercise reasonable skill and care Duties apply on renewal Duty of disclosure and not to misrepresent material facts Producing brokers and placing brokers Post-contractual duties Claims procedure Duties to underwriters Contributory negligence In a claim between assured-reinsured and broker In a claim between placing and producing brokers Brokers' commission Definition and types of reinsurance The parties Formation of reinsurance contracts Duty of utmost good faith/​duty of fair presentation of the risk Terms of reinsurance contracts Limits of incorporation Implied terms Presumption of back-to-back cover Non-proportional reinsurance Contents note continued: Assessing the deductibles and loss Wasa v Lexington Proof of reinsured's liability in claims against reinsurers First limb: the risk falls within the reinsurance cover Second limb: bona fine settlements Qualified follow-the-settlements clause 'Within the terms of original insurance' Other wordings Claims provisions Claims co-operation clauses Claims control clauses Construction of claims provisions Creation of condition precedent The use of 'condition precedent' Express statement of the remedy Remedy and waiver Relationship between follow-the-settlements and claims clauses Further reading.
650			_aMarine insurance -- Law and legislation -- England.
942			_2ddc _cB