Chalmers’ Marine Insurance Act 1906

Description

Chalmers’ Marine Insurance Act 1906 is far more than a piece of annotated legislation; 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. The new edition provides a new commentary reflecting the amendments to the Marine Insurance Act 1906 brought about the Insurance Act 2015. Important cases that are analysed include: Preface to Eleventh Edition Introduction to First Edition of Digest (1901) Contents Table of Statutes Cited List of Cases Cited 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 fidei 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 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 Index