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Vol 24 No 8 Aug/Sept 2019

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Chalmers' Marine Insurance Act 1906 11th ed


ISBN13: 9781780431253
Previous Edition ISBN: 0406022291
Published: May 2019
Publisher: Bloomsbury Professional
Country of Publication: UK
Format: Hardback
Price: £175.00



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£157.50
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Chalmers' Marine Insurance Act 1906 11th edition:-

  • Will be fully revised and updated by Simon Rainey QC, Guy Blackwood and David Walsh, all marine insurance practitioners at Quadrant Chambers and is an essential guide to the provisions of the Act
  • The new edition remains faithful to Chalmers’ objectives when writing his 1901 Digest of The Law of Marine
  • Most if not all of Sir Mackenzie Chalmers’ footnotes and annotations are preserved so that readers are able to see what he intended to achieve/codify in the Act, providing a full historical archive
  • Important cases since the 10th edition are included
What makes the book unique is the fact that it is far more than a piece of annotated legislation in that 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.

Important cases since the 10th edition such as The Cendor MOPU [2011] 1 Lloyd’s Rep. 560, The Bunga Melati Dua [2011] 1 Lloyd’s Rep. 338, The WD Fairway [2009] 2 Lloyd's Rep. 191, [2009] 2 Lloyd's Rep. 420 and The Jordan II [2005] 1 Lloyd’s Rep. 57will be covered in the discussion on the relevant sections of the Act. These are just some of the more recent cases, but there has been a plethora of case law since the last edition published in 1993 which is covered such as The Resolute [2008] EWCA Civ 1314 and The Marina Iris [2005] SGHC 238.

Subjects:
Insurance Law, Shipping, Transport and Maritime Law
Contents:
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