Actions for The Modern Law of Marine Insurance. Volume Five [electronic resource]

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The Modern Law of Marine Insurance. Volume Five [electronic resource]

Published
Milton : Informa Law, 2023.
Physical Description
1 online resource (368 pages).
Additional Creators
Thomas, D. R. (D. Rhidian)
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Series
Contents
Cover -- Half Title -- Series Page -- Title Page -- Copyright Page -- Table of Contents -- Detailed Contents -- 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 -- Introduction -- Maritime class actions -- Litigation funding -- The role of ATE insurance -- Security for costs -- Recovery of an ATE premium on settlement or judgment -- Conclusion, Chapter 2 Insuring remote-controlled and autonomous shipping: A paradigm shift in law and insurance markets required? -- Introduction -- Insurability issue -- Autonomous shipping and fundamental insurance law principles -- Issues concerning good faith -- Issues concerning seaworthiness -- Issues concerning legality -- The need to realign insurance cover -- The current state of play -- Emergence of new risks -- Design and programming errors -- Dealing with RCCs -- Cyber risks -- Residual insurance-related issues -- Potential impact of any change in liability regime -- Claim handling, Development of usage-based insurance -- Concluding remarks -- Chapter 3 Direct and third-party claims against P&I Clubs -- Introduction to P&I Clubs and insurance -- Direct claims against Clubs -- The claim -- Obligations of a member prior to making a claim against the Club -- (i) Obligation to give notice and provide information of an incident out of which a claim may arise -- (ii) Obligation to notify managers of information, documents or reports relevant to the incident -- (iii) Obligation to notify Club of claims made arising out of an incident -- Consequences of breach of obligation, Club as dominus litis -- (i) Obligation of a member not to settle or make admissions -- (ii) The Managers also retain sweeping managerial and controlling powers under the Rules -- Claiming against the Club -- The claims process -- Time limit for making claims -- Consequences of breach -- Resolution of disputes -- Introduction -- Adjudication by Directors -- Reference to arbitration -- Relation of the two procedures -- Third-party direct rights of action -- Introduction -- Third Parties (Rights against Insurers) Act 2010 (as amended) -- International maritime liability conventions -- Foreign law, and Conclusion -- Chapter 4 Neither fish nor flesh nor good red herring: A comparative study of the law relating to marine insurance brokers -- Introduction -- The broker's duty to the assured -- England and Wales -- General -- Chains of brokers -- Australia -- USA -- Conflicts of interest and disclosure of the broker's commission -- Payment of the premium -- Conclusion -- Chapter 5 The development of the law of remedies for an unfair presentation of the risk -- Introduction -- The remedies for breach of the duty of utmost good faith at common law
Summary
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.
Subject(s)
ISBN
9781000816242
1000816249
9781003268703 (electronic bk.)
1003268706 (electronic bk.)
9781000816136 (electronic bk. : PDF)
1000816133 (electronic bk. : PDF)
Note
Description based upon print version of record.
Avoidance for breach of the duty of utmost good faith
View MARC record | catkey: 39996077