Description
Chalmers’ Marine Insurance Act 1906 11th edition:-
- Will be fully revised and updated by Simon Rainey QC, Guy Blackwood and David Walsh, all marine insurance practitioners at Quadrant Chambers and is an essential guide to the provisions of the Act
- The new edition remains faithful to Chalmers’ objectives when writing his 1901 Digest of The Law of Marine
- Most if not all of Sir Mackenzie Chalmers’ footnotes and annotations are preserved so that readers are able to see what he intended to achieve/codify in the Act, providing a full historical archive
- Important cases since the 10th edition are included
What makes the book unique is the fact that it is far more than a piece of annotated legislation in that it includes case law with analysis and puts the decisions made in the individual cases into the context of Act. There is no other book or electronic service that does this.
As marine insurance is encompassed by the Marine Insurance Act 1906 this book provides the user with an unrivalled guide to, and understanding of how the Act has evolved and how it is implemented in practice. It is a desk top, every day reference tool for anyone involved in any of the aspects of marine insurance.
Important cases since the 10th edition such as The Cendor MOPU [2011] 1 Lloyd’s Rep. 560, The Bunga Melati Dua [2011] 1 Lloyd’s Rep. 338, The WD Fairway [2009] 2 Lloyd’s Rep. 191, [2009] 2 Lloyd’s Rep. 420 and The Jordan II [2005] 1 Lloyd’s Rep. 57will be covered in the discussion on the relevant sections of the Act. These are just some of the more recent cases, but there has been a plethora of case law since the last edition published in 1993 which is covered such as The Resolute [2008] EWCA Civ 1314 and The Marina Iris [2005] SGHC 238.
- Contents:
- THE MARINE INSURANCE ACT 1906
- Marine Insurance
- 1. Marine insurance defined
- 2. Mixed sea and land risks
- 3. Marine adventure and maritime perils defined
- Insurable Interest
- 4. Avoidance of wagering or gaming contracts
- 5. Insurable interest defined
- 6. When interest must attach
- 7. Defeasible or contingent interest
- 8. Partial interest
- 9. Reinsurance
- 10. Bottomry
- 11. Master’s and seamen’s wages
- 12. Advance freight
- 13. Charges of insurance
- 14. Quantum of interest
- 15. Assignment of interest
- Insurable Value
- 16. Measure of insurable value
- Disclosure and Representations
- 17. Insurance is uberrimæ fi dei
- 18. Disclosure by assured
- 19. Disclosure by agent effecting insurance
- 20. Representations pending negotiation of contract
- 21. When contract is deemed to be concluded
- The Policy
- 22. Contract must be embodied in policy
- 23. What policy must specify
- 24. Signature of insurer
- 25. Voyage and time policies
- 26. Designation of subject-matter
- 27. Valued policy
- 28. Unvalued policy
- 29. Floating policy by ship or ships
- 30. Construction of terms in policy
- 31. Premium to be arranged
- Double Insurance
- 32. Double insurance
- Warranties etc
- 33. Nature of warranty
- 34. When breach of warranty excused
- 35. Express warranties
- 36. Warranty of neutrality
- 37. No implied warranty of nationality
- 38. Warranty of good safety
- 39. Warranty of seaworthiness of ship
- 40. No implied warranty that goods are seaworthy
- 41. Warranty of legality
- The Voyage
- 42. Implied condition as to commencement of risk
- 43. Alteration of port of departure
- 44. Sailing for different destination
- 45. Change of voyage
- 46. Deviation
- 47. Several ports of discharge
- 48. Delay in voyage
- 49. Excuses for deviation or delay
- Assignment of Policy
- 50. When and how policy is assignable
- 51. Assured who has no interest cannot assign
- The Premium
- 52. When premium payable
- 53. Policy effected through broker
- 54. Effect of receipt on policy
- Loss and Abandonment
- 55. Included and excluded losses
- 56. Partial and total loss
- 57. Actual total loss
- 58. Missing ship
- 59. Effect of transhipment etc
- 60. Constructive total loss defined
- 61. Effect of constructive total loss
- 62. Notice of abandonment
- 63. Effect of abandonment
- Partial Losses (including Salvage and General Average and Particular Charges)
- 64. Particular average loss
- 65. Salvage charges
- 66. General average loss
- Measure of Indemnity
- 67. Extent of liability of insurer for loss
- 68. Total loss
- 69. Partial loss of ship
- 70. Partial loss of freight
- 71. Partial loss of goods, merchandise etc
- 72. Apportionment of valuation
- 73. General average contributions and salvage charges
- 74. Liabilities to third parties
- 75. General provisions as to measure of indemnity
- 76. Particular average warranties
- 77. Successive losses
- 78. Suing and labouring clause
- Rights of Insurer on Payment
- 79. Right of subrogation
- 80. Right of contribution
- 81. Effect of under-insurance
- Return of Premium
- 82. Enforcement of return
- 83. Return by agreement
- 84. Return for failure of consideration
- Mutual Insurance
- 85. Modification of Act in case of mutual insurance
- Supplemental
- 86. Ratification by assured
- 87. Implied obligations varied by agreement or usage
- 88. Reasonable time etc, a question of fact
- 89. Slip as evidence
- 90. Interpretation of terms
- 91. Savings
- 94. Short title
- First Schedule
- Form of policy
- Rules for construction of policy
- APPENDIX I – INSURANCE ACT 2015
- APPENDIX II – THE INSTITUTE CLAUSES
- (1) Hull Clauses
- Time
- Voyage
- War and Strikes (Time)
- War and Strikes (Voyage)
- (2) Freight Clauses
- Time
- Voyage
- War and Strikes (Time)
- (3) Cargo Clauses
- (A)
- (B)
- (C)
- War
- Strikes
- APPENDIX III – YORK-ANTWERP RULES 2016
- APPENDIX IV – RULES OF PRACTICE
- APPENDIX V – No.
- 94 – ORDER FOR PRODUCTION OF DOCUMENTS IN MARINE INSURANCE CLAIM
- APPENDIX VI – THE MARINE INSURANCE ACT 1906
- (1st EDITION) BY SIR MD CHALMERS AND DOUGLAS OWEN, PUBLISHED 1907
