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 insurance market practitioners, academics, and companies associated with the marine insurance markets worldwide.
- Table of Cases
- Table of Legislation
- About the Editor
- List of Contributors
- Chapter 1. Maritime Class Actions, Litigation Funding, and the Role of After-the-Event (ATE) Insurance by The Hon Justice S. C. Derrington
- Chapter 2. Insuring Remote Controlled and Autonomous Shipping – A Paradigm Shift in Law and Insurance Markets Required? By Professor Baris Soyer
- Chapter 3. Direct and Third Party Claims against P & I Clubs by Emeritus Professor D Rhidian Thomas
- Chapter 4. Neither fish nor flesh nor good red herring: A comparative study of the law relating to marine insurance broker by Professor Martin Davies
- Chapter 5. The development of the law of remedies and unfair presentation of the risk by Peter MacDonald Eggers QC
- Chapter 6. Insurers and the law of fraud – a success story and the case for regulatory intervention by Associate Professor Johanna Hjalmarsson
- Chapter 7. Implied marine warranties and the Insurance Act 2015 by Professor Robert Merkin QC
- Chapter 8. The Proximate Causes of Loss by Professor Ozlem Gurses
- Chapter 9. Marine insurance cover for detainment of vessels by a foreign state – the Team Tango case by Professor Trine-Lise Wilhelmsen
- Chapter 10. Jurisdictional rules and anti-suit injunctions post-Brexit: uncertainties and opportunities by Sara Masters QC and Patrick Dunn-Walsh
- Appendix 1
- Appendix 2
- Appendix 3