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Research Handbook on Marine Insurance Law

Edited by: Özlem Gürses

ISBN13: 9781803926674
Published: March 2024
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £200.00



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This erudite Research Handbook presents in-depth analyses on marine insurance law, exploring its fundamental issues, legal conflicts and the ways in which technology has changed the marine insurance landscape.

Bringing together a vast array of expert legal scholars and practitioners, this book adeptly relates marine insurance to international trade, cyber insurance and pandemic exclusions. Chapters cover protection and indemnity insurance, marine insurance fraud and emerging technology, total losses under marine policies and the insurance requirements in Incoterms® 2010 and 2020. Offering a detailed assessment of crucial legal principles including duty of utmost good faith, subrogation in co-insurance, wilful misconduct of the assured and conflicts of law, this Research Handbook provides a vital contribution to this continually developing legal field.

The Research Handbook on Marine Insurance Law will be a necessary resource for academics, researchers and students specialising in maritime law, international commercial law, insurance law and private international law. Providing practical case studies as evidence, it will also be beneficial to legal practitioners and professionals working in shipping and international trade industries.

Subjects:
Insurance Law
Contents:
Introduction to Research Handbook on Marine Insurance Law 1
Özlem Gürses

PART I:
1. Marine insurance law as a treasure trove of legal principles 6
Satoshi Nakaide
2. Protection and indemnity insurance: is it truly insurance? 26
Rhidian Thomas

PART II:
3. Has the principle of ‘utmost good faith’ in marine insurance law become like the Cheshire Cat – now you see it and now you don’t? 42
Richard Aikens
4. Co-insurance and rights of subrogation post-Gard Marine And Energy v China National Chartering Company Ltd 63
Kyriaki Noussia and Yavuz Can Aslan
5. Scuttling, fortuity and marine perils – from the mortgagee’s and the cargo owner’s points of view 87
Özlem Gürses

PART III:
6. To what extent should marine cargo insurance be construed to include cover for financial loss? 108
John Dunt
7. Total losses under marine policies 130
Peter MacDonald Eggers KC
8. Forwarding cargo to destination: a review of Rules F and G, York–Antwerp Rules 163
Richard Sarll

PART IV
9. Protection & indemnity clubs and arbitration clauses 183
Rob Merkin
10. Taxonomizing third-party rights of direct action against marine liability insurers 204
Paul Myburgh
11. Choice-of-law issues in marine insurance cases in the United States 223
Michael Sturley

PART V
12. Insurance requirements in Incoterms® 2020 245
Margarida Lima Rego
13. The use of insurance documents in international trade: enabling digitalisation 260
Miriam Goldby

PART VI
14. Marine insurance fraud and emerging technology 276
Gary Meggitt
15. The role of insurance in regulating cyber risks in the shipping industry 307
Feng Wang
16. Legal and regulatory issues for sustainable marine insurance: the Poseidon Principles for Marine Insurance 334
Livashnee Naidoo
17. The German Pandemic Exclusion Clause and its write-back clauses 355
Dieter Schwampe