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The Supreme Court ruling in Global Process System Inc. v Syarikat Takaful Malaysia Berhad (The Cendor MOPU) created a shock wave in the London marine insurance market, as the Supreme Court decision changed the boundaries of doctrine with respect to the meaning of ‘perils of the sea’ and ‘inherent vice’. Both phrases play an important role in the insurance market, affecting both assureds and insurers and their respective interests under all classes of marine insurance policies. This book reviews the origin of the clauses ‘perils of the sea’ and ‘inherent vice’ by tracing back through the early cases in order to understand the origin and noting how and why the changes occurred....
This is the third revised edition of what was described by the English Court of Appeal in C v D as the “standard work” on Bermuda Form excess insurance policies. The Form, first used in the 1980s, covers liabilities for catastrophes such as serious explosions or mass tort litigation and is now widely used by insurance companies. It is unusual in that it includes a clause requiring disputes to be arbitrated under English procedural rules in London but subject to New York substantive law. This calls for a rare mix of knowledge and experience on the part of the lawyers involved, each of whom is required to confront the many differences between English and US law and legal culture. In additi...
This authoritative work forms a comprehensive examination of the legal and historical context of marine insurance, providing a detailed overview of the events and factors leading to its codification in the Marine Insurance Act 1906. It investigates the development of the legal principles and case law that underpin the Act to reveal how successful this codification truly was, and to demonstrate how these historical precedents remain relevant to marine insurance law to this day.
The 4th edition of this leading introductory text – now under the sole authorship of Rob Merkin KC – provides a detailed examination of the developing law of insurance, combining exposition of the law with critical analysis. The book is designed primarily for undergraduate and postgraduate students, but is also a useful resource for those in the insurance industry studying for professional examinations and legal practitioners who need a concise guide to the legal principles. The text is enhanced by extensive citations to case law and academic commentaries; and a new companion website delivers annual case law updates. This new edition has been substantially rewritten in light of the trans...
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Provides a comprehensive and up to date account of the law related to arbitration.
"This book offers a practical one-stop guide to practice and procedure in the Commercial Court. It draws together the multiplicity of rules, practice directions and procedures applicable at the various stages of commercial court actions, saving invaluable time. The developments encompassed in the fifth edition include the effect of the Civil Procedure Rules, the Commercial Court Practice Direction, the Commercial Court Guide, the Civil Evidence Act 1995 and the Arbitration Act 1996. As well as providing a clear explanation of each of the rules, the authors also include expert analysis of their practical implications."
This work covers the law and practice relating to the business of the broker in the international Lloyd's insurance market. Part 1 provides the reader with the brokers' role in the context of the historical development of Lloyd's and comparatively between other insurance and reinsurance markets both UK and US. The author sets out the effect of legislation on the Lloyd's broker in the capacity as agent for the underwriter as agent for the insured and agent for the underwriter whilst addressing the general rules and the exceptions also in Part 2. Examination of the slip, the premium, the policy and endorsements and the claim follows as integral ingredients to the brokerage process. Part 3 analyzes the role of the Lloyd's broker in the London market as a whole, using recent case law and reports to substantiate the issues involved. The regulation of the Lloyd's broker follows in Part 4. Among the subjects covered in Part 5 are the binding authority, the line slip, reinsurance practice and Lloyd's in the US. To conclude, Part 6 deals with dispute procedure.