Perils of the Seas and Inherent Vice in Marine Insurance Law

Perils of the Seas and Inherent Vice in Marine Insurance Law

Author: Ayça Uçar

Publisher: Routledge

Published: 2020-10-28

Total Pages: 198

ISBN-13: 1000207722

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The Supreme Court ruling in Global Process System Inc. v Syarikat Takaful Malaysia Berhad (The Cendor MOPU) created a shock wave in the London marine insurance market, as the Supreme Court decision changed the boundaries of doctrine with respect to the meaning of ‘perils of the sea’ and ‘inherent vice’. Both phrases play an important role in the insurance market, affecting both assureds and insurers and their respective interests under all classes of marine insurance policies. This book reviews the origin of the clauses ‘perils of the sea’ and ‘inherent vice’ by tracing back through the early cases in order to understand the origin and noting how and why the changes occurred. It will examine how the law has been developed in the recent cases and discuss whether the Supreme Court case The Cendor MOPU has overruled the previous cases in terms of the clauses ‘inherent vice’ and ‘perils of the sea’. Considering the impact of The Cendor MOPU decision with respect to the Marine Insurance Act 1906, as well as the standard Institute Cargo Clauses, it evaluates whether the decision is consistent with these things and discusses the effect of the decision on recent cases and on the insurance market.


Book Synopsis Perils of the Seas and Inherent Vice in Marine Insurance Law by : Ayça Uçar

Download or read book Perils of the Seas and Inherent Vice in Marine Insurance Law written by Ayça Uçar and published by Routledge. This book was released on 2020-10-28 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court ruling in Global Process System Inc. v Syarikat Takaful Malaysia Berhad (The Cendor MOPU) created a shock wave in the London marine insurance market, as the Supreme Court decision changed the boundaries of doctrine with respect to the meaning of ‘perils of the sea’ and ‘inherent vice’. Both phrases play an important role in the insurance market, affecting both assureds and insurers and their respective interests under all classes of marine insurance policies. This book reviews the origin of the clauses ‘perils of the sea’ and ‘inherent vice’ by tracing back through the early cases in order to understand the origin and noting how and why the changes occurred. It will examine how the law has been developed in the recent cases and discuss whether the Supreme Court case The Cendor MOPU has overruled the previous cases in terms of the clauses ‘inherent vice’ and ‘perils of the sea’. Considering the impact of The Cendor MOPU decision with respect to the Marine Insurance Act 1906, as well as the standard Institute Cargo Clauses, it evaluates whether the decision is consistent with these things and discusses the effect of the decision on recent cases and on the insurance market.

Perils of the Seas and Inherent Vice in Marine Insurance Law

Perils of the Seas and Inherent Vice in Marine Insurance Law

Author: Ayça Uçar

Publisher: Routledge

Published: 2020-10-28

Total Pages: 172

ISBN-13: 1000207803

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The Supreme Court ruling in Global Process System Inc. v Syarikat Takaful Malaysia Berhad (The Cendor MOPU) created a shock wave in the London marine insurance market, as the Supreme Court decision changed the boundaries of doctrine with respect to the meaning of ‘perils of the sea’ and ‘inherent vice’. Both phrases play an important role in the insurance market, affecting both assureds and insurers and their respective interests under all classes of marine insurance policies. This book reviews the origin of the clauses ‘perils of the sea’ and ‘inherent vice’ by tracing back through the early cases in order to understand the origin and noting how and why the changes occurred. It will examine how the law has been developed in the recent cases and discuss whether the Supreme Court case The Cendor MOPU has overruled the previous cases in terms of the clauses ‘inherent vice’ and ‘perils of the sea’. Considering the impact of The Cendor MOPU decision with respect to the Marine Insurance Act 1906, as well as the standard Institute Cargo Clauses, it evaluates whether the decision is consistent with these things and discusses the effect of the decision on recent cases and on the insurance market.


Book Synopsis Perils of the Seas and Inherent Vice in Marine Insurance Law by : Ayça Uçar

Download or read book Perils of the Seas and Inherent Vice in Marine Insurance Law written by Ayça Uçar and published by Routledge. This book was released on 2020-10-28 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court ruling in Global Process System Inc. v Syarikat Takaful Malaysia Berhad (The Cendor MOPU) created a shock wave in the London marine insurance market, as the Supreme Court decision changed the boundaries of doctrine with respect to the meaning of ‘perils of the sea’ and ‘inherent vice’. Both phrases play an important role in the insurance market, affecting both assureds and insurers and their respective interests under all classes of marine insurance policies. This book reviews the origin of the clauses ‘perils of the sea’ and ‘inherent vice’ by tracing back through the early cases in order to understand the origin and noting how and why the changes occurred. It will examine how the law has been developed in the recent cases and discuss whether the Supreme Court case The Cendor MOPU has overruled the previous cases in terms of the clauses ‘inherent vice’ and ‘perils of the sea’. Considering the impact of The Cendor MOPU decision with respect to the Marine Insurance Act 1906, as well as the standard Institute Cargo Clauses, it evaluates whether the decision is consistent with these things and discusses the effect of the decision on recent cases and on the insurance market.

Law of Marine Insurance

Law of Marine Insurance

Author: Susan Hodges

Publisher: Routledge

Published: 2013-03-04

Total Pages: 915

ISBN-13: 1135426805

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This book provides a critical and comprehensive study of the law of marine insurance. The book explores the relationship and interaction between the Marine Insurance Act 1906, the common law and the terms of the Institute Clauses.


Book Synopsis Law of Marine Insurance by : Susan Hodges

Download or read book Law of Marine Insurance written by Susan Hodges and published by Routledge. This book was released on 2013-03-04 with total page 915 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a critical and comprehensive study of the law of marine insurance. The book explores the relationship and interaction between the Marine Insurance Act 1906, the common law and the terms of the Institute Clauses.

Marine Insurance at the Turn of the Millennium

Marine Insurance at the Turn of the Millennium

Author: Marc Huybrechts

Publisher:

Published: 1999

Total Pages: 452

ISBN-13:

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Both volumes present an in depth analysis of actual marine insurance relative to hull insurance, cargo insurance and P&I Insurance. The impact of European law on marine insurance and, more specifically, European Competition Rules in relation to P&I insurance are covered. In addition, specific issues such as the future Belgian Marine Insurance statute and the Antwerp Marine Policy are dealt with. The subjects are covered in a broad comparative law perspective, combining practice and theory. Also topics such as the ISM code and its relation to marine insurance and the position of classification societies and quality insurance are considered.


Book Synopsis Marine Insurance at the Turn of the Millennium by : Marc Huybrechts

Download or read book Marine Insurance at the Turn of the Millennium written by Marc Huybrechts and published by . This book was released on 1999 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: Both volumes present an in depth analysis of actual marine insurance relative to hull insurance, cargo insurance and P&I Insurance. The impact of European law on marine insurance and, more specifically, European Competition Rules in relation to P&I insurance are covered. In addition, specific issues such as the future Belgian Marine Insurance statute and the Antwerp Marine Policy are dealt with. The subjects are covered in a broad comparative law perspective, combining practice and theory. Also topics such as the ISM code and its relation to marine insurance and the position of classification societies and quality insurance are considered.

International Marine Insurance Rules

International Marine Insurance Rules

Author: International Law Association

Publisher:

Published: 1901

Total Pages: 144

ISBN-13:

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Book Synopsis International Marine Insurance Rules by : International Law Association

Download or read book International Marine Insurance Rules written by International Law Association and published by . This book was released on 1901 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Marine Insurance Law

Marine Insurance Law

Author: Özlem Gürses

Publisher: Taylor & Francis

Published: 2023-03-28

Total Pages: 556

ISBN-13: 1000844617

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Marine Insurance Law introduces and clearly explains all topics covered in undergraduate and postgraduate-level courses, offering students and those new to the area a comprehensive and accessible overview of this important topic in maritime law. Observing the general principles of the subject and structure and formation of insurance contracts, this text goes on to look at individual considerations in detail, including the duty of utmost good faith/fair presentation of the risk, insurable interest, terms of insurance contracts, warranties and conditions, brokers, the premium, causation and marine perils, losses, sue and labour, subrogation, fraudulent claims, and reinsurance. The third edition has been fully updated and expanded to cover additional pre-Marine Insurance Act 1906 (MIA 1906) cases, as well as the implications of the Insurance Act 2015 on the duty of fair presentation of the risk in business insurance and on the remedy for breach of a warranty. The reader will also read about the emphasis placed by the UK Supreme Court on the construction of s. 55 of the MIA 1906, and the challenges faced in respect of claims for a constructive total loss of the subject matter insured, which are especially current at the time the book is being prepared for its publication. This textbook is the ideal companion for any student, academic, and practitioner wishing to study the subject and to explore more detailed information on the principles of marine insurance law.


Book Synopsis Marine Insurance Law by : Özlem Gürses

Download or read book Marine Insurance Law written by Özlem Gürses and published by Taylor & Francis. This book was released on 2023-03-28 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marine Insurance Law introduces and clearly explains all topics covered in undergraduate and postgraduate-level courses, offering students and those new to the area a comprehensive and accessible overview of this important topic in maritime law. Observing the general principles of the subject and structure and formation of insurance contracts, this text goes on to look at individual considerations in detail, including the duty of utmost good faith/fair presentation of the risk, insurable interest, terms of insurance contracts, warranties and conditions, brokers, the premium, causation and marine perils, losses, sue and labour, subrogation, fraudulent claims, and reinsurance. The third edition has been fully updated and expanded to cover additional pre-Marine Insurance Act 1906 (MIA 1906) cases, as well as the implications of the Insurance Act 2015 on the duty of fair presentation of the risk in business insurance and on the remedy for breach of a warranty. The reader will also read about the emphasis placed by the UK Supreme Court on the construction of s. 55 of the MIA 1906, and the challenges faced in respect of claims for a constructive total loss of the subject matter insured, which are especially current at the time the book is being prepared for its publication. This textbook is the ideal companion for any student, academic, and practitioner wishing to study the subject and to explore more detailed information on the principles of marine insurance law.

Marine Insurance Law

Marine Insurance Law

Author: Ozlem Gurses

Publisher: Routledge

Published: 2015-03-02

Total Pages: 603

ISBN-13: 1317929233

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This book expertly introduces and clearly explains all topics covered in marine insurance law courses at undergraduate and postgraduate levels, offering students and those new to the area a comprehensive and accessible overview of this important topic in commercial law. Beginning by introducing the general principles of the subject, the structure and formation of insurance contracts, Marine Insurance Law then looks to individual considerations in detail, including: brokers, losses, risks and perils, sue and labour, reinsurance, and mutual insurance/P&I clubs. This title has been developed with the needs of courses specifically in mind, and its content has been tailored to include the most important and commonly taught topics in the field. Each chapter contains end of chapter further reading to support student research, ensuring this new textbook provides a reliable and accessible gateway into this important topic in maritime law


Book Synopsis Marine Insurance Law by : Ozlem Gurses

Download or read book Marine Insurance Law written by Ozlem Gurses and published by Routledge. This book was released on 2015-03-02 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book expertly introduces and clearly explains all topics covered in marine insurance law courses at undergraduate and postgraduate levels, offering students and those new to the area a comprehensive and accessible overview of this important topic in commercial law. Beginning by introducing the general principles of the subject, the structure and formation of insurance contracts, Marine Insurance Law then looks to individual considerations in detail, including: brokers, losses, risks and perils, sue and labour, reinsurance, and mutual insurance/P&I clubs. This title has been developed with the needs of courses specifically in mind, and its content has been tailored to include the most important and commonly taught topics in the field. Each chapter contains end of chapter further reading to support student research, ensuring this new textbook provides a reliable and accessible gateway into this important topic in maritime law

Cases and Materials on Marine Insurance Law

Cases and Materials on Marine Insurance Law

Author: Susan Hodges

Publisher: Taylor & Francis

Published: 2012-09-10

Total Pages: 1012

ISBN-13: 1135346941

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This book provides a comprehensive collection of Cases and Materials On Marine Insurance Law. The sources included here are not always readily accessible. Each chapter is introduced with a brief resume of the general principles,before the facts of each case are summarised and the extracts of the relevant parts of judgments reproduced. The significance of the judicial extracts, the statutory materials and standard terms are then discussed with particular emphasis on important and problematical areas of the law.This book will be indispensable not only to postgraduate students of law, in-house lawyers, insurance brokers and claims adjusters, but also to students of maritime studies, legal practitioners and a wide range of professionals within the shipping industry who may wish to have at hand a convenient source of information. Whilst the book is a companion to the authors The Law of Marine Insurance, it is also structured to stand as a marine insurance text in its own right.


Book Synopsis Cases and Materials on Marine Insurance Law by : Susan Hodges

Download or read book Cases and Materials on Marine Insurance Law written by Susan Hodges and published by Taylor & Francis. This book was released on 2012-09-10 with total page 1012 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive collection of Cases and Materials On Marine Insurance Law. The sources included here are not always readily accessible. Each chapter is introduced with a brief resume of the general principles,before the facts of each case are summarised and the extracts of the relevant parts of judgments reproduced. The significance of the judicial extracts, the statutory materials and standard terms are then discussed with particular emphasis on important and problematical areas of the law.This book will be indispensable not only to postgraduate students of law, in-house lawyers, insurance brokers and claims adjusters, but also to students of maritime studies, legal practitioners and a wide range of professionals within the shipping industry who may wish to have at hand a convenient source of information. Whilst the book is a companion to the authors The Law of Marine Insurance, it is also structured to stand as a marine insurance text in its own right.

An Epitome of the Law Affecting Marine Insurance

An Epitome of the Law Affecting Marine Insurance

Author: Lawrence Duckworth

Publisher:

Published: 1907

Total Pages: 240

ISBN-13:

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Book Synopsis An Epitome of the Law Affecting Marine Insurance by : Lawrence Duckworth

Download or read book An Epitome of the Law Affecting Marine Insurance written by Lawrence Duckworth and published by . This book was released on 1907 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Modern Law of Marine Insurance

The Modern Law of Marine Insurance

Author: Rhidian Thomas

Publisher: CRC Press

Published: 2015-10-14

Total Pages: 306

ISBN-13: 1317424735

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This latest and fourth volume in the series comprises ten contributions written by an expert team of academics and practitioners and which collectively analyse and expound many of the contemporary legal issues and debates in the law and practice of marine insurance. Some of the contributions touch upon areas of the law which will be amended by the Insurance Act 2015, and provide an insight to the future changes in the law. The topics covered are An assessment of the Marine Insurance Act 1906 Construction of marine policies Litigating against brokers – the measure of damages Co-insurance and leading underwriter clauses Duties of good faith of insurers and reinsurers Assured right to interest when a policy is avoided The impact of The Cendor MOPU on the Institute Cargo Clauses Fraudulent claims Aspects of Subrogation Conflict of laws in light of the recast Brussels I Regulation This book is essential reading for maritime lawyers, brokers and insurance market practitioners, academics, and companies associated with the marine insurance markets worldwide.


Book Synopsis The Modern Law of Marine Insurance by : Rhidian Thomas

Download or read book The Modern Law of Marine Insurance written by Rhidian Thomas and published by CRC Press. This book was released on 2015-10-14 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This latest and fourth volume in the series comprises ten contributions written by an expert team of academics and practitioners and which collectively analyse and expound many of the contemporary legal issues and debates in the law and practice of marine insurance. Some of the contributions touch upon areas of the law which will be amended by the Insurance Act 2015, and provide an insight to the future changes in the law. The topics covered are An assessment of the Marine Insurance Act 1906 Construction of marine policies Litigating against brokers – the measure of damages Co-insurance and leading underwriter clauses Duties of good faith of insurers and reinsurers Assured right to interest when a policy is avoided The impact of The Cendor MOPU on the Institute Cargo Clauses Fraudulent claims Aspects of Subrogation Conflict of laws in light of the recast Brussels I Regulation This book is essential reading for maritime lawyers, brokers and insurance market practitioners, academics, and companies associated with the marine insurance markets worldwide.