Overview
Since 1990 there have been many sweeping changes and amendments to British and International Shipping Law.
There has been a controversial Oil Pollution Act passed by the United States, two revisions of Lloyd's Standard Form of Salvage Agreement, a new set of York-Antwerp Rules and amendments to the Institute Hull and Freight Clauses, and the new Merchant Shipping Act 1995.
All are thoroughly considered, monitored and discussed in this already classic new edition.
Content
Chapter Page
Foreword to Third Edition
Author’s Preface to Third Edition
Acknowledgements
List of Plates
Index of Cases Cited
I The Claims Scene
Introduction – Position of the Insurance Broker – Average Adjusters –
Claims Adjusters – Central Accounting and Market Agreements –
Salvage Association – International Maritime Bureau – Marine Accident Investigation Branch – Marine Safety Agency – International Maritime Organisation – Lloyd’s Agents – Lloyd’s Intelligence Department –
Lloyd’s Register of Shipping – Claims Payable Abroad – P & I Clubs –
Claims handling procedure – Company Claims Departments
II Formation of the Contract
Introduction – The principle of good faith – Misrepresentation Act,
1967 – Non-disclosure and misrepresentation – Disclosure of criminal
offences – Conclusion of the contract
III Sundry Considerations
Introduction – Insurable Interest – Assignment – Method of Assignment – Ratification of the policy – P.P.I. Policies – Onus of proof – Practice of
Courts in scuttling cases – “without prejudice” – Unfair Contract Terms
Act 1977 – Statements of Insurance Practice – English Law and
Jurisdiction
IV The Duty of Care
Introduction – The neighbourhood test – Damage to Property –
Professional Negligence – The need for a possessory title to damaged
property – Law Reform (Contributory Negligence) Act, 1945
V The Policy Form
Introduction – Policy evidence of contract – Each signature a separate
contract – Mixed Sea ans Land Risks – Ambiguity – Slip as Evidence –
Implied Warranties and conditions – Seaworthiness defined – Breach
of Warranty
VI The Marine Adventure
Introduction – Ship – Goods – Other movables – Freight – The Assured –
Voyage or period of insurance – Vessel’s name – Deviation and delay – Overcarriage – The Subject-Matter Insured and its Valuation.
VII Included and Excluded Losses
Introduction – Proximate Cause – Onus of Proof – Wilful Misconduct –
Fear of Loss – Remote Causes Ignored – Concurrent Causes – Merger –
Missing Vessel – Delay – Wear and Tear – Ordinary Leakage and
Breakage – Inherent Vice – Rats or Vermin – Injury to Machinery –
Conclusions
VIII The Maritime Perils
Introduction – Ejusdem Generis – Perils of the Seas – Fire – War Perils –
Pirates and Rovers – Thieves – Jettison – Captures, seizures – Arrests,
restraints and detainments of kings, princes, and peoples – Barratry
IX Cargo Clauses – Particular Average
Introduction – Institute Cargo Clauses (B) and (C) – Extra – neous
Risks – Institute Cargo Clauses (A) – All Loss or Damage – Transit
Clause – Goods-in-Transit – Port Delay Clause – Termination of Contract
Unseaworthiness and Unfitness Exclusion Clause – Forwarding Charges
Clause – Duty of Assured Clause – Not to Inure Clause – Increased Value
Clause – “Both-to-Blame Collision” Clause – Resonable Desparch Clause –
Note – English Law and Practice Clause – Air Cargo Clauses
X Measure of Indemnity – Partial Loss of Cargo
Introduction – Insurable and insured values – Apportionment of
Valuation – Apportionable part – Part of goods totally lost – Delivery
in damaged condition – Salvage loss – Replacement Clause –
Unidentifiable Cargo – Pickings, Skimmings, etc. Clauses – Charges
and Expenses – Examples of P.A.Claims
XI Clauses for Special Trades
Introduction – Coal Clauses – Commodity Trades Clauses – FOSFA
Trade Clauses – Frozen Food Clauses – Frozen Meat Clauses – Jute
Clauses – Natural Rubber Clauses – Oil in Bulk – Timber Trade
Federation Clauses
XII Documentation of Cargo Claims (P.A.): Modern Modes of Transport
Introduction – Insurance Policy and / or Certificate – Survey Report –
Account Sales – Documentary Evidence – Master’s Protest / Ship’s Log – Shipping Invoice – Bill of Lading – Correspondence with Carriers - Form
of Subrogation – Containerisation – Roll-on, Roll-off Vessels – Barge
Systems – Refrigerated Cargoes – Hatchless Containerships – Tankers
and the US Oil Pollution Act – Other Innovations - Combined Transport Operators.
XIII Particular Average on Ship – The Reasonable Cost of Repairs
Introduction - No absolute standard of reasonableness – First reasonable opportunity for effecting repairs – Deferred Repairs – Temporary Repairs –
Overtime – Air Freight – Dry Dock Expenses – Tank Cleaning and/or
Gas-freeing – Removal Expenses – Wages and Provisions – Fuel and
Stores – Scraping and Painting – Tailshafts – Discharge of cargo for ship
repairs – Cost of Owners’ Superintendence – Remittance of Funds – Rate
of Exchange – Extra Charges
XIV Particular Average on Ship – Institute Time Clauses (Hulls)
Introduction – Navigation – Continuation – Breach of Warranty –
Classification – Termination – Assignment – Perils – Additional Perils
Clauses – Restricted Perils Clauses – Pollution Hazard – Notice of Claim and Tenders – Deductible – Machinery Damage Additional Deductible Clause –
Duty of Assured (Sue and Labour) – Other Clauses – Comparison with
American Hull Form
XV Unrepaired Damage – An Historical Review
Introduction – Stewart v. Steel – Knight v. Faith – Lidgett v. Secretan –
Pitman v. Universal Marine Insurance Co. – Marine Insurance Act, 1906, (Section 69) – Elcock and another v. Thomson – Irvin v. Hine – The
Armar – Proposed new Rule of Practice – The Medina Princess – The
continuing dilemma – Unrepaired Damage Clause 1983 – The Argonaftis
XVI Function of the Average Adjuster
Introduction – Payments on Account – Preparation of the Adjustment -
Delays in Settlement – Classification Warranties – Salvage Association
Accounts -Example of P.A. Adjustment.
XVII Introduction to Freight Claims
Introduction – Chartered Freight – Voyage Charters – The Aries Rule –
Time Charters – The Nanfri Test – Chartered or as if Chartered – Insurable Interest – Attachment of Risk – Advance Freight – Measure of Indemnity – Institute Freight Clauses – Effect of Disbursements Warranty – Cesser
Clause – Duty of Assured – Loss of Hire.
XVIII The Running Down Clause
Introduction – Maritime Conventions Act – Limitation of Liability –
Merchant Shipping Acts – Running Down Clause – Supplementary
Contract – Meaning of “Collision” – tug and Tow – Meaning of “Vessel” – Inclusion of Charterers – Payment of Damages – The Consequences of
Collision – Costs – Single and Cross Liabilities – Examples – Comparison
with American Hull form
XIX Further Consideration of Shipowners’ Liabilities
Introduction – Procedure in Collision Cases – Sister Ship Clause – The
Mareva Injuction – Freight Collision Clause – Excess Liabilities –
Tower’s Liability – Rate of Exchange – Limitation of Action – Rights
of Harbour Authorities etc. – The Pilotage Acts – Oil Pollution
Liability – Priorities of claimants after a forces sale – Port Risks Clauses – Clauses for Builders’ Risks – Exemption from Liability
XX Salvage
Introduction – Definition of “Salvage Charges” – Life Salvage – Persons
Entitled to Reward – Salvage, General Average, and Sue and Labour Distinguished – Determination of Amount of Award – Separate
Assessments – Vessels in Collision – Towage or Salvage – Lloyd’s
Standard Form of Salvage Agreement – Is Award under Lloyd’s Form
G.A. or Salvage Charges? – Sunken Treasure – Effect of Open or Sealed
Offers.
XXII Yachts and Sailing Dinghies
Introduction – The Proposal Form – Special Provisions of Dinghy
Policies – Institute Yacht Clauses – Collisions Claims – Limitations
of Liability – International Racing Rules – General Procedure on Claims
XXII Features of General Average
Introduction – English Development – Effect of York –Antwerp Rules –
General Average Act – Tug and Tow – Consequences of General Average
Act – Rules E and G – Effect of Fault – The “Jason” Clause
XXIII General Average – Sacrifice and Expenditure
Introduction – Port of Refuge Expenses – Resort to Port of Refuge for
the Common Safety – Damage Sustained at Port of Loading – Meaning
of “Port or Place” – Substituted Expenses – Expenses Lightening a Ship
when Ashore – Damage to Catgo in Discharging etc. – Jettison –
Extinguishing Fire on Shipboard – Cutting Away Wreck – Voluntary
Stranding – Salvage Remuneration – Abuse of Ship’s Equipment – Cargo,
Ship’s Materials and Stores used for Fuel
XXIV General Average – Made Good and Contributory Values
Introduction – Amount to be Made Good (Ship) – Amount to be Made
Good (Cargo) – Amount to be Made Good (Freight) – Contributory
Values – Contributory Value of Ship – Contributory Value of Cargo
– Hypothetical Salvage – Distribution of Losses and Expenditure –
Contributory Value of Freight - Contributory Value of Containers –
Consecutive General Averages
XXV General Average in Practice
Introduction – Security – Interest – Procision of Funds – Insurance of
Average Disbursements – Limitation of Action – Rates of Exchange –
Example of G.A. Adjustment
XXVI General Average in Relation to Marine Policies
Introduction – General Average Loss – Measure of Indemnity for G.A. Contribution – Effect of Under-insurance – Excess General Average –
Special G.A. Clauses – Limited Conditions – Apportionment of Interest – Apportionment of Credit Balances
XXVII Total Loss
Introduction – Actual Total Loss – Notice of Abandonment –
Constructive Total Loss – Measure of Indemnity for Total Loss –
Total Loss of Freight – Time Penalty Clause
XXVIII Abandonment and Subrogation
Introduction – Effect of Abandonment – Expenses Recoverable from Underwriters – Doctrine of Subrogation – Double Insurance.
XXIX Recoveries from Cargo Carriers
Introduction – Development of the Hague Rules – Scope of the Carriage
of Goods be Sea Act – Main Provisions of the Act – Issue of Bill of
Lading – Limitation of Liability – Carriage of Goods by Sea Act, 1992 –
The Hamburg Rules – Lightermans’s Liability – Port of London
Authority Liabilities - Post Office - Lloyd’s Recoveries Department
XXX Recoveries from Rail and Road Carriers
Intoduction – Carraige by Rail – C.I.M. Convention – Road Carriers -
Calculation of Liability – C. M. R Convention
XXXI Reinsurance Recoveries
Introduction – Unauthorised Insurers – Reinsurance “as original” –
Follow Settlements Clause – Reinsurance on Limited Terms –
Reinsurers’ Rights under Subrogation – Reinsurance Treaties –
Excess of Loss – Stop Loss – Tonners and Values Policies
XXXII War and Strikes
Introduction – Early development of the F C & S Warranty –
Consequences of Hostilities or Warlike Operations – The Coxwold Case –
Effect of the Coxwald Decision – War Exclusion Clause – Strikes
Exclusion Clause - Malicious Acts Exclusion Clause – Radioactive Contamination Exclusion Clause – Institute War Clauses (Cargo): Risks
Covered – Scope of Cover – Strikes Clauses – War and Strikes Clauses:
Hulls – War and Strikes Clauses: Freight – War Risks Club – Detention and Diversion Expenses – Conclusion
Appendix A Marine Insurance Act, 1906
Appendix B Statute Relating to Limitation of Liability
(Merchant Shipping Acts)
Appendix C Maritime Conventions Act, 1911
Appendix D York-Antwerp Rules, 1994 contrasted with
York-Antwerp Rules, 1974
Appendix E Association of Average Adjusters’ Rules of Practice
Appendix F Lloyd’s Standard Form of Salvage Agreement, 1980
Appendix G Lloyd’s Standard Form of Salvage Agreement, 1990
Together with Procedural Rules
Appendix H Lloyd’s Standard Form of Salvage Agreement, 1995
Appendix I Sections from the Merchant Shipping (Salvage and
Pollution) Act, 1994 (now incorporated into the Merchant
Shipping Act, 1995) as related to the International Convention
on Salvage, 1989
Appendix J Carriage of Goods by Sea Act, 1924
Appendix K Carriage of Goods by Sea Act, 1971
Appendix L Carriage of Goods by Sea Act, 1992
Appendix M The Hamburg Rules
Appendix N Carriage of Goods by Road Act, 1965
Appendix O Unfair Contract Terms Act, 1977
Index
Details
Title: Marine Insurance Claims, 3rd Edition
Number of Pages: 1439
Product Code: 4405Q038
ISBN: ISBN 13: 978-1-85609-104-6 (9781856091046), ISBN 10: 1-85609-104-X (185609104X)
Published Date: December 1996
Binding Format: Hardback
Book Height: 250 mm
Book Width: 175 mm
Book Spine: 70 mm
Weight: 2.50 kg