This fourth edition is a detailed but easy-to-follow account of the constitution, workings and daily practice of protection and indemnity clubs. Designed to be a practical reference source for anyone who is in any way involved with mutual insurance, it offers comprehensive guidance on the complex area of P&I Clubs. The new fourth edition has been fully revised and updated since the last edition was written in 1999. New areas emphasised in the fourth edition include: • Piracy • Charterers’ liability insurance • Defence Cover • Disputes concerning the Inter-Club Agreement • Enforceability of arbitration agreements in the Club’s Rules. • The Club’s obligation to (i) make direct payments under certificates, (ii) pay death/ personal injury claims in the event of a member’s insolvency, and (iii) make indivisible personal injury claims.
Table of Contents
Chapter 1. Introduction and History Chapter 2. Structure of a Modern P&I Club Chapter 3. Directors and Managers Discretion Chapter 4. Entry Chapter 5. The Contract of Membership Chapter 6. Club Membership Chapter 7. Underwriting Chapter 8. Calls and Club Funds Chapter 9. Introduction to P&I Cover Chapter 10. Risks Covered Chapter 11. Warranties and Club Cover Chapter 12. General Exceptions and Limitation to Club Cover Chapter 13. Claims: The Role of the Club Chapter 14. Security: Club Letters of Undertaking Chapter 15. The Inter-Club Nype Agreement Chapter 16. The Club's Right of Subrogation Chapter 17. Direct Action Against P&I Clubs Chapter 18. Notification of Claims Chapter 19. The Member's Duty to Sue and Labour Chapter 20. The "Pay to be Paid" Rule Chapter 21. Disputes and Jurisdiction Clauses Chapter 22. Duration of Club Cover Chapter 23. Termination of Club Membership Chapter 24. P&I Clubs Reinsurance and the International Group of P&I Clubs Chapter 25. Charterers' P&I Cover Chapter 26. Defence Cover Chapter 27. Direct Liability Under International Convention Certificates Chapter 28. Recommended Clauses
David Semark is a barrister at Quadrant Chambers, London, where he specialises in commercial law, with a particular emphasis on Shipping and maritime law, international trade and commodities, jurisdictional disputes and insurance law.