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The new edition of this British Insurance Law Association (BILA)-award winning text is the definitive reference source for marine cargo insurance law.
Written by an author who was closely involved with the revisions to the Institute Cargo Clauses 2009, the work expertly examines marine cargo insurance by reference to important English and foreign legal cases as well as the Marine Insurance Act 1906. Logically arranged to reflect the structure of the Institute Cargo Clauses, the most widely used standard form of cover, this text offers easy to find solutions for today’s busy practitioner.
New to this edition:
- Completely revised to include the Insurance Act 2015 (duty of fair presentation; warranties, fraudulent claims)
- Brand new chapter on the revised Institute Ancillary and Trade Clauses, including those to be introduced on 1 November 2015
- Increased coverage of jurisdiction and choice of law, particularly taking into account the Rome I Regulation
- Enhanced coverage of the issue of Constructive Total Loss
- Consideration of the Law Reform Commission’s proposals for the reform of insurance law, and further amendments to the Marine Insurance Act 1906.
- Covers latest developments in the Enterprise Bill for damages for late payment of claims
- Fully updated with all of the influential cases since 2009, including:
- The Cendor MOPU, one of the most important marine insurance cases of the last 50 years.
- Clothing Management v Beazley Solutions
- Notable hull cases such as Versloot Dredging v HDI Gerling on fraudulent devices
- Influential foreign cases taken from this book’s sister text, International Cargo Insurance
This unique text is a one-stop resource for marine insurance lawyers handling cargo claims, and will also be of interest to students and researchers of maritime law.
- Sales Rank: #5000016 in Books
- Published on: 2016-01-25
- Original language: English
- Number of items: 1
- Dimensions: 9.00" h x 6.00" w x 1.25" l, .0 pounds
- Binding: Hardcover
- 678 pages
About the Author
JOHN DUNT is a Consultant with Clyde & Co and also a Senior Research Fellow at the Institute of Maritime Law, University of Southampton. He qualified as a solicitor in 1972 and joined Clyde & Co in 1975. He was a partner for 30 years from 1977 to 2007 specialising in marine insurance, with particular reference to cargo insurance.
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AN AUTHORITATIVE WORK OF REFERENCE ON MARINE CARGO INSURANCE –
By Phillip Taylor MBE
AN AUTHORITATIVE WORK OF REFERENCE ON MARINE CARGO INSURANCE –
NOW IN AN IMPORTANT NEW EDITION
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
This is the second and latest edition of ‘Marine Cargo Insurance’ which has established a well deserved reputation for rigorous scholarship, accuracy and clarity. Recently published by Informa Law from Routledge, as part of Lloyd’s Shipping Law Library, it reflects what author John Dunt refers to as a ‘sea change’ that has taken place in the law of marine insurance since the first edition of the book was published in 2009.
Said ‘sea change’ has come about in the spirit of reform, which the author cites as long overdue and which is represented primarily in the Insurance Act 2015, to be introduced from August 2016. And there it is for your perusal, in the appendices to this book under ‘legislation.’
Basically, in the author’s words, the Act serves to limit ‘the effectiveness of terms of insurance contracts, including warranties, where any breach is not relevant to the actual loss.’ Part two of the Act deals with, for example, the duty of the presentation and remedies for breach. In Parts three, four and five warranties, fraudulent claims, good faith and contracting out are covered.
Part six contains amendments to previous legislation, including power to change meanings of ‘relevant person’ for purposes of the 2010 Rights Against Insurers Act. The final part deals with general issues, including insurers’ remedies for qualifying breaches. In addition to this significant new piece of legislation, a large number of other notable changes have been incorporated into this book, much of which, as Dunt reveals, has had to be rewritten.
As you by now have inferred, this book is definitely required reading for lawyers specializing in marine insurance law. It covers, we would say, every conceivable aspect of this often complex and surprisingly abstruse subject. Within its more than six hundred pages, you’ll find detailed and informed commentary on – and these are only a few examples -- law and jurisdiction clauses… insurable interest and the indemnity principle…. risks and exclusions… claims and losses… subrogation… and of course, much more. The chapter on war, strikes, terrorism and rejection risks are particularly pertinent and timely.
For lawyers and non-lawyers alike or indeed anyone in the insurance industry, the historical overview of the subject in the first chapter attests to its venerability and in fact the dire necessity for marine insurance as a protection for marine commerce against a wide spectrum of perils and risks.
As far as is known, says the author, the earliest form of marine cargo policy was prescribed by a Florentine Ordinance of 1523, with London developing as a maritime insurance centre in the reign of Elizabeth I. It was in response at that time, to the expansion of markets and trade that marine insurance was first regulated by Parliament in 1601. The development of Lloyd’s can be traced back to approximately, 1689. Then as now, it was possible for big business ideas to begin life in small London coffee houses.
As marine insurance is indeed big business, this authoritative text on marine insurance law -- which by the way, is clearly written and logically organized for ease of use -- should be in every shipping practitioner’s professional library.
The publication date is cited as at June 2015.
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