LLOYDS SHIPPING LAW LIBRARY
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Marine
Insurance
Legislation
By
Robert Merkin, LLB, LLM
Lloyds Law Reports
Professor of Commercial Law
University of Southampton
Consultant
Barlow Lyde & Gilbert
Fourth Edition
Lloyds List Law
Mortimer House
37-41 Mortimer Street
London W1T 3JH
law.enquiries@informa.com
An Informa business
First published as Annotated Marine Insurance Legislation 1997
First edition 1997
Second edition 2000
Third edition 2005
Fourth edition 2010
Robert Merkin 1997, 2000, 2005, 2010
British Library Cataloguing-in-Publication Data
A catalogue record for
this book is available from the
British Library
ISBN 978 1 84311 875 6
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Lloyds List Law.
Whilst every effort has been made to ensure that the information contained in this publication is correct, neither the author nor Lloyds List Law can accept any responsibility for any errors or omissions or for any consequences arising therefrom.
Typeset in 10/11 Plantin by
Interactive Sciences Ltd, Gloucester
Printed in Great Britain by
MPG Books, Bodmin, Cornwall
Printed on paper sourced from managed forests
The third edition of Marine Insurance Legislation was published in 2005. Since that date, much has happened in the marine insurance world. The Institute Cargo Clauses have been revised and the new version came into force on 1 January 2009, the first revision for over 25 years. The new clauses have been included in the appendices and cross-referred to in the annotations at appropriate points. There have been significant decisions from the English courts on virtually every aspect of marine insurance law. The usual suspectsutmost good faith and warrantieshave provided their fair share of fresh case law, and there have been important rulings on some of the more obscure parts of the Marine Insurance Act 1906, notably the sections dealing with abandonment and subrogation.
The author has taken the opportunity in this edition to expand coverage to other common law jurisdictions, and the leading cases from Australia, Canada, Hong Kong, New Zealand and Singapore have been added to the annotations. There is also reference to Report No 91 of the Australian Law Reform Commission, which undertook a thorough review of the operation of the equivalent legislation in Australia and made modest (and as yet unimplemented) proposals for its reform. English authorities nevertheless remain by far the most numerous. To make the book more accessible to readers in other common law jurisdictions, my Southampton colleague Johanna Hjalmarsson has prepared a table of equivalences which takes in the more or less identical Marine Insurance Acts in each of those jurisdictions. My thanks are due to Johanna not just for that work but for her general assistance in the preparation of this edition. I also owe thanks to the Informa team for commissioning a fourth edition and then dealing with the production process so swiftly and efficiently.
The law is stated as at September 2009.
Rob Merkin
November 2009
566935 BC Ltd v . Allianz Insurance Co of Canada [2006] BCCA 469
A v. B, 1996, unreported
A A Mutual Insurance Co Ltd v. Bradstock Blunt & Crawley Ltd [1996] LRLR 161
Abrahams v. Mediterranean Insurance and Reinsurance Co [1991] 1 Lloyd's Rep 216
Absalom v. TCRU Ltd [2005] EWHC 1090 (Comm)
Adams v. Mackenzie (1863) 13 CBNS 442
Adcock v. Cooperative Insurance Society Ltd [2000] Lloyd's Rep IR 657
Adelaide Steamship Co v. King, The, The Warilda (1923) 14 LI LR 41
Aegis Electrical and Gas International Services Co Ltd v. Continental Casualty Co [2008] Lloyds Rep IR 17
Agapitos v . Agnew (The Aegeon) [2002] Lloyds Rep IR 573