Hardback
Research Handbook on Marine Insurance Law
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.
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Critical Acclaim
Contributors
Contents
More Information
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.
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.
Critical Acclaim
‘This is a welcome and rich addition on marine insurance law for this series of Research Handbooks, providing in-depth coverage across issues of contemporary relevance, including digitalisation and new technologies. The reader can be assured of stimulating and thought-provoking analysis. It is required reading for cognoscenti and tyro alike.’
– Stephen Girvin, National University of Singapore, Singapore
‘Marine insurance law is probably one of the most interesting areas of commercial law. It is a subject comprising doctrines that are unique to this branch of commercial law (e.g. doctrine of good faith, insurable interest). This Research Handbook provides a great forum for leading academics and practitioners to comment on novel legal issues arising as a result of the introduction of emerging technologies in insurance practice, changes adopted by policy makers and recent judicial interventions. All contributions are thought provoking and enlightening. The book is an essential reading for anyone who has a genuine interest in the subject.’
– Baris Soyer, Swansea University, UK
– Stephen Girvin, National University of Singapore, Singapore
‘Marine insurance law is probably one of the most interesting areas of commercial law. It is a subject comprising doctrines that are unique to this branch of commercial law (e.g. doctrine of good faith, insurable interest). This Research Handbook provides a great forum for leading academics and practitioners to comment on novel legal issues arising as a result of the introduction of emerging technologies in insurance practice, changes adopted by policy makers and recent judicial interventions. All contributions are thought provoking and enlightening. The book is an essential reading for anyone who has a genuine interest in the subject.’
– Baris Soyer, Swansea University, UK
Contributors
Contributors include: Richard Aikens, Yavuz Can Aslan, John Dunt, Miriam Goldby, Özlem Gürses, Margarida Lima Rego, Peter MacDonald Eggers, Gary Meggitt, Robert Merkin, Paul Myburgh, Livashnee Naidoo, Satoshi Nakaide, Kyriaki Noussia, Richard Sarll, Dieter Schwampe, Michael Sturley, Rhidian Thomas, Feng Wang
Contents
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 275
Gary Meggitt
15 The role of insurance in regulating cyber risks in the shipping industry 306
Feng Wang
16 Legal and regulatory issues for sustainable marine insurance: the
Poseidon Principles for Marine Insurance 333
Livashnee Naidoo
17 The German Pandemic Exclusion Clause and its write-back clauses 353
Dieter Schwampe
Index 372
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 275
Gary Meggitt
15 The role of insurance in regulating cyber risks in the shipping industry 306
Feng Wang
16 Legal and regulatory issues for sustainable marine insurance: the
Poseidon Principles for Marine Insurance 333
Livashnee Naidoo
17 The German Pandemic Exclusion Clause and its write-back clauses 353
Dieter Schwampe
Index 372
