Chalmers' Marine Insurance ACT 1906

11th Auflage
ISBN: 978-1-78043-125-3
Verlag: Bloomsbury Academic

Buch, Englisch, 544 Seiten, Hardback, Format (B × H): 175 mm x 249 mm, Gewicht: 1048 g

Chalmers' Marine Insurance Act 1906 is far more than a piece of annotated legislation; it includes case law with analysis and puts the decisions made in the individual cases into the context of Act. There is no other book or electronic service that does this.

As marine insurance is encompassed by the Marine Insurance Act 1906 this book provides the user with an unrivalled guide to, and understanding of how the Act has evolved and how it is implemented in practice. It is a desk top, every day reference tool for anyone involved in any of the aspects of marine insurance.

The new edition provides a new commentary reflecting the amendments to the Marine Insurance Act 1906 brought about the Insurance Act 2015.

Important cases that are analysed include:

· The DC Merwestone

· The B Atlantic
· Axa v Arig
· The Cendor MOPU
· The Bunga Melati Dua

Previous ISBN: 9781845925949

This title is included in Bloomsbury Professional's Maritime and Shipping Law online service.

Autoren/Hrsg.

Walsh KC, David

Blackwood, Guy

Rainey, Simon

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

THE MARINE INSURANCE ACT 1906
Marine Insurance
1. Marine insurance defined

2. Mixed sea and land risks

3. Marine adventure and maritime perils defined

Insurable Interest
4. Avoidance of wagering or gaming contracts

5. Insurable interest defined

6. When interest must attach

7. Defeasible or contingent interest

8. Partial interest

9. Reinsurance

10. Bottomry

11. Master's and seamen's wages

12. Advance freight

13. Charges of insurance

14. Quantum of interest

15. Assignment of interest

Insurable Value
16. Measure of insurable value

Disclosure and Representations
17. Insurance is uberrimæ fi dei

18. Disclosure by assured

19. Disclosure by agent effecting insurance

20. Representations pending negotiation of contract

21. When contract is deemed to be concluded

The Policy
22. Contract must be embodied in policy

23. What policy must specify

24. Signature of insurer

25. Voyage and time policies

26. Designation of subject-matter

27. Valued policy

28. Unvalued policy

29. Floating policy by ship or ships

30. Construction of terms in policy

31. Premium to be arranged

Double Insurance
32. Double insurance

Warranties etc
33. Nature of warranty

34. When breach of warranty excused

35. Express warranties

36. Warranty of neutrality

37. No implied warranty of nationality

38. Warranty of good safety

39. Warranty of seaworthiness of ship

40. No implied warranty that goods are seaworthy

41. Warranty of legality

The Voyage
42. Implied condition as to commencement of risk

43. Alteration of port of departure

44. Sailing for different destination

45. Change of voyage

46. Deviation

47. Several ports of discharge

48. Delay in voyage

49. Excuses for deviation or delay

Assignment of Policy
50. When and how policy is assignable

51. Assured who has no interest cannot assign

The Premium
52. When premium payable

53. Policy effected through broker

54. Effect of receipt on policy

Loss and Abandonment
55. Included and excluded losses

56. Partial and total loss

57. Actual total loss

58. Missing ship

59. Effect of transhipment etc

60. Constructive total loss defined

61. Effect of constructive total loss

62. Notice of abandonment

63. Effect of abandonment

Partial Losses (including Salvage and General Average and Particular Charges)
64. Particular average loss

65. Salvage charges

66. General average loss

Measure of Indemnity
67. Extent of liability of insurer for loss

68. Total loss

69. Partial loss of ship

70. Partial loss of freight

71. Partial loss of goods, merchandise etc

72. Apportionment of valuation

73. General average contributions and salvage charges

74. Liabilities to third parties

75. General provisions as to measure of indemnity

76. Particular average warranties

77. Successive losses

78. Suing and labouring clause

Rights of Insurer on Payment
79. Right of subrogation

80. Right of contribution

81. Effect of under-insurance

Return of Premium
82. Enforcement of return

83. Return by agreement

84. Return for failure of consideration

Mutual Insurance
85. Modification of Act in case of mutual insurance

Supplemental
86. Ratification by assured

87. Implied obligations varied by agreement or usage

88. Reasonable time etc, a question of fact

89. Slip as evidence

90. Interpretation of terms

91. Savings

94. Short title

First Schedule
Form of policy

Rules for construction of policy

APPENDIX I - INSURANCE ACT 2015

APPENDIX II - THE INSTITUTE CLAUSES

(1) Hull Clauses
Time

Voyage

War and Strikes (Time)

War and Strikes (Voyage)

(2) Freight Clauses
Time

Voyage

War and Strikes (Time)

(3) Cargo Clauses
(A)

(B)

(C)
War

Strikes

APPENDIX III - YORK-ANTWERP RULES 2016

APPENDIX IV - RULES OF PRACTICE

APPENDIX V - No. 94 - ORDER FOR PRODUCTION OF DOCUMENTS IN MARINE INSURANCE CLAIM

APPENDIX VI - THE MARINE INSURANCE ACT 1906
(1st EDITION) BY SIR MD CHALMERS AND DOUGLAS OWEN, PUBLISHED 1907

Über Autor(innen)

Walsh KC, David
David Walsh is a barrister at Essex Court Chambers.
He is a highly regarded commercial junior with a strong reputation for intellectual rigour, skilful advocacy and client service. He has a broad practice with particular experience of insurance and reinsurance, shipping, commodities, shipbuilding and offshore construction disputes. He appears regularly in trials, interlocutory matters and on appeals in the English courts and also has a strong international arbitration practice, having been involved in numerous arbitrations on ICC, UNCITRAL, ARIAS, FOSFA, GAFTA, LMAA, LCIA and HKIAC terms.
David is ranked as a leading junior in the Legal 500 UK, Chambers UK, Chambers Global and the Legal 500 Asia Pacific directories, in which he has been described as "incredibly bright and very easy to get on with", "an 'unflappable' dry shipping junior who is particularly noted for his skilful advocacy" and as "the current go-to junior" for marine insurance.

All the authors are from Quadrant Chambers. Quadrant Chambers holds a pre-eminent international position in all aspects of the shipping sector and is viewed as one of the leading shipping sets internationally.

Simon Rainey, KC has been cited for many years as a Leading Silk in the areas of Shipping by Legal 500 and Chambers and Partners.

Guy Blackwood, KC is listed as a leading junior by Chambers & Partners in the category of insurance & reinsurance.

David Walsh is a junior and began his career at the Bar acting for the London insurance market in the complex and extensive marine insurance litigation arising from the constructive total loss of the "WD FAIRWAY", the largest navigational CTL ever experienced by the London market.