Ogis The Influence of Marine Insurance Law on the Legal Development of Life and Fire Insurance in England.

1. Auflage 2019
ISBN: 978-3-428-55881-0
Verlag: Duncker & Humblot
Format: PDF
Kopierschutz: Adobe DRM (»Systemvoraussetzungen)

E-Book, Deutsch, Band 4, 244 Seiten

Reihe: Comparative Studies in the History of Insurance Law / Studien zur vergleichenden Geschichte des Versicherungsrechts

This book addresses the question whether English insurance law is in its entirety rooted in marine insurance. English literature and case law indeed assert that life and fire insurance are nothing more than offspring of marine insurance. To describe life and fire insurance law as offspring of marine insurance suggests that the legal rules and principles as developed in the context of marine insurance were simply transferred as a whole to life and fire insurance. However, it is possible that the legal development happened differently. There could rather have been a convergence of the different legal regimes. To speak of a gradual convergence suggests that marine insurance law was transposed into life and fire insurance law only where appropriate. By analyzing this research question, the book unfolds the roots of modern insurance business in England as well as the evolution of English insurance law.

Autoren/Hrsg.

Ogis, Sinem

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsgeschichte, Recht der Antike

Inhaltsverzeichnis

1. Introduction
State of Research – Research Question: Offspring or Gradual Convergence? – Overview

Part I: The Historical Development of Insurance

2. Marine Insurance
Lombard Street in London – The First Known Marine Insurance Policies – The Book of Orders – The Chamber of Assurances – An Act Concerning Matters of Insurance Among Merchants – The Development of Marine Insurance Offices

3. Life Insurance
First Known Life Insurance Policies – Bubble Schemes – The Development of Life Insurance Offices

4. Fire Insurance
Barbon’s Fire Office 1667 – Corporation of London 1681 – Hand in Hand Mutual Fire Office 1696

5. Conclusion

Part II: The Doctrinal History of Insurance Law

6. Essential Elements of Insurance Contracts
Insured and Insurer – Subject Matter – Duration of Insurance – Risk – Premium – Conclusion

7. Insurable Interest
The Principle of Indemnity – Marine Insurance – Life Insurance – Fire Insurance – Conclusion

8. Warranties
Warranties and Representations – Marine Insurance – Life Insurance – Fire Insurance – Conclusion

Part III: Summary

9. Summary

Archival Sources, Other Sources

Bibliography

Index

Über Autor(innen)

Sinem Ogis obtained her LL.B. at Yasar University (Izmir, Turkey) in 2013 where she triumphed as third ranked in her Law Faculty. In 2013, she was awarded the Best Student of Yasar University 2013 Prize and a Jean Monnet Scholarship supported by European Union. In 2014, she completed an LL.M. in Maritime Law at the University of Southampton with a dissertation on powerships. From 2015 to 2018, she was a research assistant at the University of Augsburg as part of the ERC-funded project 'A Comparative History of Insurance Law in Europe' and wrote her Ph.D.-thesis on the history of English insurance law. Sinem Ogis speaks Turkish, English, Italian and German and she is a qualified lawyer in Turkey.