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Marine Insurance Claims 3rd Ed.


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Marine Insurance Claims 3rd Ed.

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. 



Chapter Page

Foreword to Third Edition

Author’s Preface to Third Edition


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


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 –


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


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