1st Edition
The Modern Law of Marine Insurance Volume Five
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.
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
Sarah Derrington
Chapter 2
Insuring Remote-Controlled and Autonomous Shipping: A Paradigm Shift in Law and Insurance Markets Required?
Barış Soyer
Chapter 3
Direct and Third-Party Claims against P&I Clubs
D Rhidian Thomas
Chapter 4
Neither Fish nor Flesh nor Good Red Herring: A Comparative Study of the Law Relating to Marine Insurance Brokers
Martin Davies
Chapter 5
The Development of the Law of Remedies for an Unfair Presentation of the Risk
Peter MacDonald Eggers
Chapter 6
Insurers and the Law of Fraud: A Success Story and the Case for Regulatory Intervention
Johanna Hjalmarsson
Chapter 7
Implied Marine Warranties and the Insurance Act 2015
Robert Merkin
Chapter 8
The Proximate Causes of Loss
Özlem Gürses
Chapter 9
Marine Insurance Cover for Detainment of Vessels by a Foreign State: The Team Tango Case
Trine-Lise Wilhelmsen
Chapter 10 Jurisdictional Rules and Anti-Suit Injunctions Post-Brexit: Uncertainties and Opportunities
Sara Masters and Patrick Dunn-Walsh
Appendices
Insurance Act 2015
Marine Insurance Act 1906
Third Parties (Rights against Insurers) Act 2010
Index
Biography
D. Rhidian Thomas is Professor Emeritus of Maritime Law and Founder Director of the Institute of International Shipping and Trade Law at Swansea University, Wales, UK. Previously he held academic positions at universities in the UK, and has held visiting positions at universities in Europe, Scandinavia, North America and Far East. In 2010/2011 he held the Francqui Chair at the University of Leuven and in 2019 received an Honorary Doctorate of Law from the University of Gothenburg. In 2022 he delivered the Professor William Tetley lecture at Tulane University, USA.
