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Items
Details
Title
The Modern Law of Marine Insurance. Volume Five.
Added Author
Imprint
Milton : Informa Law, 2023.
Description
1 online resource (368 p.)
Series
Maritime and transport law library.
Formatted Contents Note
Cover
Half Title
Series Page
Title Page
Copyright Page
Table of Contents
Detailed Contents
Table of Cases
Table of Legislation
Authors' Biographies
Foreword
Preface
Chapter 1 Maritime class actions, litigation funding, and the role of after-the-event (ATE) insurance
Introduction
Maritime class actions
Litigation funding
The role of ATE insurance
Security for costs
Recovery of an ATE premium on settlement or judgment
Conclusion
Chapter 2 Insuring remote-controlled and autonomous shipping: A paradigm shift in law and insurance markets required?
Introduction
Insurability issue
Autonomous shipping and fundamental insurance law principles
Issues concerning good faith
Issues concerning seaworthiness
Issues concerning legality
The need to realign insurance cover
The current state of play
Emergence of new risks
Design and programming errors
Dealing with RCCs
Cyber risks
Residual insurance-related issues
Potential impact of any change in liability regime
Claim handling
Development of usage-based insurance
Concluding remarks
Chapter 3 Direct and third-party claims against P&I Clubs
Introduction to P&I Clubs and insurance
Direct claims against Clubs
The claim
Obligations of a member prior to making a claim against the Club
(i) Obligation to give notice and provide information of an incident out of which a claim may arise
(ii) Obligation to notify managers of information, documents or reports relevant to the incident
(iii) Obligation to notify Club of claims made arising out of an incident
Consequences of breach of obligation
Club as dominus litis
(i) Obligation of a member not to settle or make admissions
(ii) The Managers also retain sweeping managerial and controlling powers under the Rules
Claiming against the Club
The claims process
Time limit for making claims
Consequences of breach
Resolution of disputes
Introduction
Adjudication by Directors
Reference to arbitration
Relation of the two procedures
Third-party direct rights of action
Introduction
Third Parties (Rights against Insurers) Act 2010 (as amended)
International maritime liability conventions
Foreign law
Conclusion
Chapter 4 Neither fish nor flesh nor good red herring: A comparative study of the law relating to marine insurance brokers
Introduction
The broker's duty to the assured
England and Wales
General
Chains of brokers
Australia
USA
Conflicts of interest and disclosure of the broker's commission
Payment of the premium
Conclusion
Chapter 5 The development of the law of remedies for an unfair presentation of the risk
Introduction
The remedies for breach of the duty of utmost good faith at common law
Half Title
Series Page
Title Page
Copyright Page
Table of Contents
Detailed Contents
Table of Cases
Table of Legislation
Authors' Biographies
Foreword
Preface
Chapter 1 Maritime class actions, litigation funding, and the role of after-the-event (ATE) insurance
Introduction
Maritime class actions
Litigation funding
The role of ATE insurance
Security for costs
Recovery of an ATE premium on settlement or judgment
Conclusion
Chapter 2 Insuring remote-controlled and autonomous shipping: A paradigm shift in law and insurance markets required?
Introduction
Insurability issue
Autonomous shipping and fundamental insurance law principles
Issues concerning good faith
Issues concerning seaworthiness
Issues concerning legality
The need to realign insurance cover
The current state of play
Emergence of new risks
Design and programming errors
Dealing with RCCs
Cyber risks
Residual insurance-related issues
Potential impact of any change in liability regime
Claim handling
Development of usage-based insurance
Concluding remarks
Chapter 3 Direct and third-party claims against P&I Clubs
Introduction to P&I Clubs and insurance
Direct claims against Clubs
The claim
Obligations of a member prior to making a claim against the Club
(i) Obligation to give notice and provide information of an incident out of which a claim may arise
(ii) Obligation to notify managers of information, documents or reports relevant to the incident
(iii) Obligation to notify Club of claims made arising out of an incident
Consequences of breach of obligation
Club as dominus litis
(i) Obligation of a member not to settle or make admissions
(ii) The Managers also retain sweeping managerial and controlling powers under the Rules
Claiming against the Club
The claims process
Time limit for making claims
Consequences of breach
Resolution of disputes
Introduction
Adjudication by Directors
Reference to arbitration
Relation of the two procedures
Third-party direct rights of action
Introduction
Third Parties (Rights against Insurers) Act 2010 (as amended)
International maritime liability conventions
Foreign law
Conclusion
Chapter 4 Neither fish nor flesh nor good red herring: A comparative study of the law relating to marine insurance brokers
Introduction
The broker's duty to the assured
England and Wales
General
Chains of brokers
Australia
USA
Conflicts of interest and disclosure of the broker's commission
Payment of the premium
Conclusion
Chapter 5 The development of the law of remedies for an unfair presentation of the risk
Introduction
The remedies for breach of the duty of utmost good faith at common law
Summary
This fifth volume in the series comprises ten contributions written by an expert team of academics and practitioners. Collectively they analyse and expound many of the contemporary legal issues and debates in the law and practice of marine insurance. The new volume is not to be considered as a "new edition" superseding the earlier volumes. To the contrary, it extends on the previous coverage and contributes to the expanding coverage of the series. It achieves this by introducing new topics for analysis and by noting significant developments in themes considered in earlier volumes, thereby providing a useful tool for keeping abreast of an ever developing body of judicial law. This volume tackles topics such as the impact of the Insurance Act 2015 on remedies and the pre-contractual duty of insurers, as well as a contribution from Professor Wilhelmsen on the state ship arrest as a peril under the Nordic Marine Insurance Plan and London terms. It explores the impact of Brexit on jurisdiction in marine insurance whilst also dedicating time to the comparison of US and English law relating to the duties of brokers, and analyses the "but for" test in marine insurance as well as historical development of the law relating to fraudulent claims. Alongside many other important topics, this book meticulously examines Direct and Third-Party claims against P & I Insurers, Passenger liabilities and class actions, Seaworthiness and the operation of the MIA 1906 s.39 post Insurance Act 2015 and the insuring of autonomous and remote-controlled vessels. This book is essential reading for maritime lawyers, brokers and insurance market practitioners, academics, and companies associated with the marine insurance markets worldwide.
Note
Description based upon print version of record.
Avoidance for breach of the duty of utmost good faith
Avoidance for breach of the duty of utmost good faith
Source of Description
OCLC-licensed vendor bibliographic record.
Location
www
Linked Resources
Alternate Title
Taylor & Francis Online
Language
English
ISBN
9781000816242
1000816249
9781003268703 (electronic book)
1003268706 (electronic book)
9781000816136 (electronic book : PDF)
1000816133 (electronic book : PDF)
1000816249
9781003268703 (electronic book)
1003268706 (electronic book)
9781000816136 (electronic book : PDF)
1000816133 (electronic book : PDF)
Record Appears in