This latest and fourth volume in the series comprises ten contributions written by an expert team of academics and practitioners and which collectively analyse and expound many of the contemporary legal issues and debates in the law and practice of marine insurance. Some of the contributions touch upon areas of the law which will be amended by the Insurance Act 2015, and provide an insight to the future changes in the law. The topics covered are
- An assessment of the Marine Insurance Act 1906
- Construction of marine policies
- Litigating against brokers – the measure of damages
- Co-insurance and leading underwriter clauses
- Duties of good faith of insurers and reinsurers
- Assured right to interest when a policy is avoided
- The impact of The Cendor MOPU on the Institute Cargo Clauses
- Fraudulent claims
- Aspects of Subrogation
- Conflict of laws in light of the recast Brussels I Regulation
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 Contents
Chapter 1: Marine Insurance Act 1906 – Magnificent Achievement or Monstrous Aberration by Professor Robert Merkin QC & Professor Sarah Derrington Chapter 2: New Parameters in Construing Insurance Contracts by Professor Baris Soyer Chapter 3: The Negligent Broker: Three Problems in the Assessment of Damages by Professor Andrew Tettenborn Chapter 4: Co-Insurance and Leading Underwriter Clauses by Professor Emeritus D.Rhidian Thomas Chapter 5: The Insurer’s Obligations of Good Faith and the Insurance Bill 2014-15 by Christopher Hancock QC Chapter 6: The Fraudulent Claims Principle: The Mental Element by Claire Blanchard QC Chapter 7: The Insured’s Right to Interest when the Premium is Rendered Following the Avoidance of an Insurance Contract by David Foxton QC Chapter 8: The Impact of The Cendor MOPU on The Institute Cargo Clauses By John Dunt & William Melbourne Chapter 9: The Place of Subrogation in Insurance Law: The Deceptive Depths of a Difficult Doctrine by Peter Macdonald Eggers QC Chapter 10: The Effectiveness of an English Jurisdiction Agreement in a Marine Insurance Policy and Settlement Agreement of Claims under that Policy by Professor Yvonne Baatz
Professor Rhidian Thomas
Professor Rhidian Thomasis an Emeritus Professor of Maritime Law at Swansea University, and is the Founding Director of the Institute of International Shipping and Trade Law.