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.
Table of Contents
1. History and Definition of Marine Cargo Insurance
2. Law and Jurisdiction Clauses
3. Open Covers, Policies and Certificates of Insurance
4. Insurable Interest and the Indemnity Principle
5. Good Faith, Non-Disclosure and Misrepresentation and the Duty of Fair Presentation
6. Warranties, Conditions and Exclusions
8. All Risks and Exclusions
9. Named Perils Cover and Insurance for Specific Trades, Commodities and Transits
10. War, Strikes, Terrorism and Rejection Risks
11. Duration of the Insurance 1: The Transit Clause
12. Duration of the Insurance 2: Termination of Carriage and Change of Voyage
13. Claims and Losses
14. Recoverable Expenses and Liabilities: Sue and Labour, Salvage, General Average and Collision Liabilities
15. Measure of Indemnity
16. Subrogation, Double Insurance and Rights of Contribution
JOHN DUNT is 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. After retiring as a partner of Clyde & Co in 2007, he remained a consultant until June 2016.