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Robert Merkin - Marine Insurance Legislation

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Robert Merkin Marine Insurance Legislation

Marine Insurance Legislation: summary, description and annotation

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The book sets out the text of English marine insurance legislation and the most important of the market clauses (the Institute Clauses) used in respect of marine policies written in the London Market.

The legislation is heavily annotated, with the operation of each section of the Marine Insurance Act 1906 explained and references given to the most important of the early cases upon which the sections are based.

There is also comprehensive annotation and explanation of cases decided under the sections of the 1906 Act, with cross-references to the Institute Clauses.

Why you should buy Marine Insurance Legislation, Fourth Edition:

  • Provides a fully up-to-date marine insurance resource
  • Comprehensively annotated
  • Written by Professor Robert Merkin, a well respected and published expert in the fields of Insurance, Arbitration and Marine Insurance

Robert Merkin: author's other books


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MARINE INSURANCE LEGISLATION FOURTH EDITION LLOYDS SHIPPING LAW LIBRARY - photo 1

MARINE INSURANCE LEGISLATION

FOURTH EDITION

LLOYDS SHIPPING LAW LIBRARY

The Law of Shipbuilding Contracts
third edition
by Simon Curtis
(2002)

The Law of Tug and Tow
second edition
by Simon Rainey
(2002)

Admiralty Jurisdiction and Practice
third edition
by Nigel Meeson
(2003)

Merchant Shipping Legislation
second edition
by Aengus R. M. Fogarty
(2004)

Laytime and Demurrage
fifth edition
by John Schofield
(2005)

Marine War Risks
third edition
by Michael D. Miller
(2005)

Bareboat Charters
second edition
by Mark Davis
(2005)

Limitation of Liability for Maritime Claims
fourth edition
by Patrick Griggs, Richard Williams
and Jeremy Farr
(2005)

Enforcement of Maritime Claims
fourth edition
by D. C. Jackson
(2005)

Berlingieri on Arrest of Ships
fourth edition
by Francesco Berlingieri
(2006)

Bills of Lading
by Richard Aikens, Richard Lord
and Michael Bools
(2006)

Voyage Charters
third edition
by Julian Cooke,
Timothy Young, Q.C., Andrew Taylor,
John D. Kimball, David Martowski
and LeRoy Lambert
(2007)

Time Charters
sixth edition
by Terence Coghlin, Andrew W. Baker,
Julian Kenny and John D. Kimball
(2008)

Ship Sale & Purchase
fifth edition
by Iain Goldrein, Q.C., and Paul Turner
(2008)

Shipping and the Environment
second edition
by Colin de la Rue and
Charles B. Anderson
(2009)

Ship Registration: Law and Practice
second edition
by Richard Coles and Edward Watt
(2009)

Marine Cargo Insurance
by John Dunt
(2009)

London Maritime Arbitration
third edition
by Clare Ambrose
and Karen Maxwell
(2009)

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 - photo 2

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

Contents

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

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