The Modern Law of Marine Insurance: Volume Five

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
	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
		Avoidance for breach of the duty of utmost good faith
		Avoidance as a discretionary remedy
		Damages for breach of the duty of utmost good faith
		Damages based on other causes of action
			Deceit
			Damages for a duty of care
			Damages under the Misrepresentation Act 1967
	Remedies introduced by the Insurance Act 2015
		Insurance as a contract of utmost good faith
		The new remedies
	The future development of the duty and the remedies
	Conclusion
Chapter 6 Insurers and the law of fraud: A success story and the case for regulatory intervention
	Introduction
	The English law of fraudulent insurance claims
		From substance to procedure
		Auxiliary remedies
		Regulation
		Policymaking
	Analysis: The case for legislative and regulatory intervention, with recommendations
	Conclusion
Chapter 7 Implied marine warranties and the Insurance Act 2015
	Early express warranties
	Seaworthiness
		Voyage policies
		Time policies
	Legality
	The Marine Insurance Act 1906
		The codification
		Seaworthiness
		Legality
	The Insurance Act 2015
		Statutory provisions
		Seaworthiness
		The implied warranty of legality
	Conclusion
Chapter 8 The proximate causes of loss
	Introduction
	Terminology
		Is the word ‘proximate’ misleading?
	Search for the proximate cause
		The legal context and its common sense
	Unless otherwise agreed
	The “but for” test
	Where do concurrent causes sit?
	Conclusion
Chapter 9 Marine insurance cover for detainment of vessels by a foreign state: The Team Tango case
	Introduction and overview
	The Nordic Marine Insurance Plan 2013
	The NP regulation of detainment by foreign state
	The Team Tango case
		The factual background and main submissions
		The legal starting points
		The security situation in Nigeria
		Elephant’s import of urea
		The assessment of the concrete reason for the arrest of the vessel
	The Team Tango case as a question of causation
		Problem and overview
		Is an intervention by a state a peril or an insured event?
		The regulation of combination of perils
		Was the detainment caused by a war peril or a marine peril?
		Was the total loss caused by a marine peril?
	The UK clauses on arrest or detainment of vessels
	Some reflections
Chapter 10 Jurisdictional rules and anti-suit injunctions post-Brexit: Uncertainties and opportunities
	Introduction
	Jurisdiction in relation to marine insurance matters
		The basic principle: Jurisdiction as a function of service of the claim form
		The effect of a jurisdiction agreement in favour of the English Court
			Is the claim caught by a jurisdiction agreement?
			Seeking a stay despite a jurisdiction agreement in favour of the English courts
			Hague Convention: Conditions for application
			Incorporation of a jurisdiction agreement contained in a separate contract
		Other factors relevant to determining the proper forum
	Anti-suit injunctions post-Brexit
		Anti-suit injunctions post-Brexit
		Litigation brought in breach of an exclusive jurisdiction or arbitration agreement
		“Quasi-contractual” anti-suit injunctions
			Derived right obligations
			Inconsistent contractual claims
			Damages for breach of a quasi-contractual obligation
	Conclusion
Appendices
Insurance Act 2015
Marine Insurance Act 1906
Third Parties (Rights against Insurers) Act 2010
Index