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999 _c27526
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001 9781003268703
003 FlBoTFG
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006 m o d
007 cr cnu---unuuu
008 221126s2023 xx o ||| 0 eng d
020 _a9781000816242
020 _a1000816249
020 _a9781003268703
_q(electronic bk.)
020 _a1003268706
_q(electronic bk.)
020 _a9781000816136
_q(electronic bk. : PDF)
020 _a1000816133
_q(electronic bk. : PDF)
024 7 _a10.4324/9781003268703
_2doi
035 _a(OCoLC)1351747737
035 _a(OCoLC-P)1351747737
040 _aOCoLC-P
_beng
_cOCoLC-P
050 4 _aKD1845
072 7 _aLAW
_x066000
_2bisacsh
072 7 _aLAW
_x049000
_2bisacsh
072 7 _aLAW
_x117000
_2bisacsh
072 7 _aLBDM
_2bicssc
082 0 4 _a346.4108622
_223
245 0 4 _aThe Modern Law of Marine Insurance
_h[electronic resource].
_pVolume Five.
260 _aMilton :
_bInforma Law,
_c2023.
300 _a1 online resource (368 p.).
490 1 _aMaritime and Transport Law Library
500 _aDescription based upon print version of record.
500 _aAvoidance for breach of the duty of utmost good faith
505 0 _aCover -- Half Title -- Series Page -- Title Page -- Copyright Page -- Table of Contents -- Detailed Contents -- Table of Cases -- Table of Legislation -- Authors' Biographies -- Foreword -- Preface -- Chapter 1 Maritime class actions, litigation funding, and the role of after-the-event (ATE) insurance -- Introduction -- Maritime class actions -- Litigation funding -- The role of ATE insurance -- Security for costs -- Recovery of an ATE premium on settlement or judgment -- Conclusion
505 8 _aChapter 2 Insuring remote-controlled and autonomous shipping: A paradigm shift in law and insurance markets required? -- Introduction -- Insurability issue -- Autonomous shipping and fundamental insurance law principles -- Issues concerning good faith -- Issues concerning seaworthiness -- Issues concerning legality -- The need to realign insurance cover -- The current state of play -- Emergence of new risks -- Design and programming errors -- Dealing with RCCs -- Cyber risks -- Residual insurance-related issues -- Potential impact of any change in liability regime -- Claim handling
505 8 _aDevelopment of usage-based insurance -- Concluding remarks -- Chapter 3 Direct and third-party claims against P&I Clubs -- Introduction to P&I Clubs and insurance -- Direct claims against Clubs -- The claim -- Obligations of a member prior to making a claim against the Club -- (i) Obligation to give notice and provide information of an incident out of which a claim may arise -- (ii) Obligation to notify managers of information, documents or reports relevant to the incident -- (iii) Obligation to notify Club of claims made arising out of an incident -- Consequences of breach of obligation
505 8 _aClub as dominus litis -- (i) Obligation of a member not to settle or make admissions -- (ii) The Managers also retain sweeping managerial and controlling powers under the Rules -- Claiming against the Club -- The claims process -- Time limit for making claims -- Consequences of breach -- Resolution of disputes -- Introduction -- Adjudication by Directors -- Reference to arbitration -- Relation of the two procedures -- Third-party direct rights of action -- Introduction -- Third Parties (Rights against Insurers) Act 2010 (as amended) -- International maritime liability conventions -- Foreign law
505 8 _aConclusion -- Chapter 4 Neither fish nor flesh nor good red herring: A comparative study of the law relating to marine insurance brokers -- Introduction -- The broker's duty to the assured -- England and Wales -- General -- Chains of brokers -- Australia -- USA -- Conflicts of interest and disclosure of the broker's commission -- Payment of the premium -- Conclusion -- Chapter 5 The development of the law of remedies for an unfair presentation of the risk -- Introduction -- The remedies for breach of the duty of utmost good faith at common law
520 _aThis fifth volume in the series comprises ten contributions written by an expert team of academics and practitioners. Collectively they analyse and expound many of the contemporary legal issues and debates in the law and practice of marine insurance. The new volume is not to be considered as a "new edition" superseding the earlier volumes. To the contrary, it extends on the previous coverage and contributes to the expanding coverage of the series. It achieves this by introducing new topics for analysis and by noting significant developments in themes considered in earlier volumes, thereby providing a useful tool for keeping abreast of an ever developing body of judicial law. This volume tackles topics such as the impact of the Insurance Act 2015 on remedies and the pre-contractual duty of insurers, as well as a contribution from Professor Wilhelmsen on the state ship arrest as a peril under the Nordic Marine Insurance Plan and London terms. It explores the impact of Brexit on jurisdiction in marine insurance whilst also dedicating time to the comparison of US and English law relating to the duties of brokers, and analyses the "but for" test in marine insurance as well as historical development of the law relating to fraudulent claims. Alongside many other important topics, this book meticulously examines Direct and Third-Party claims against P & I Insurers, Passenger liabilities and class actions, Seaworthiness and the operation of the MIA 1906 s.39 post Insurance Act 2015 and the insuring of autonomous and remote-controlled vessels. This book is essential reading for maritime lawyers, brokers and insurance market practitioners, academics, and companies associated with the marine insurance markets worldwide.
588 _aOCLC-licensed vendor bibliographic record.
650 0 _aMarine insurance
_xLaw and legislation
_zGreat Britain.
650 7 _aLAW / Maritime
_2bisacsh
650 7 _aLAW / Insurance
_2bisacsh
700 1 _aThomas, D. R.
_q(D. Rhidian)
830 0 _aMaritime and transport law library.
856 4 0 _3Taylor & Francis
_uhttps://www.taylorfrancis.com/books/9781003268703
856 4 2 _3OCLC metadata license agreement
_uhttp://www.oclc.org/content/dam/oclc/forms/terms/vbrl-201703.pdf
942 _2ddc
_cEBK