The Law And Practice Of Marine Insurance

Marine Insurance: Law and Practice, Second Edition, continues to provide the most comprehensive and integrated account of the English law and practice of marine insurance. It provides readers with a fresh and up-to-date review of the modern law in the light of traditional principles and rules of underlying commercial law, and the specific statutory rules of marine insurance as interpreted by case law, as moderated in practice by market practices and standard form marine insurance clauses. Francis Rose clarifies the law’s underlying framework of principles and illustrates how it works in common contractual situations, explaining how the different components of the law interact. The new edition has been updated to incorporate: • the most recent case law: there have been some very important judgments handed down since the book first published, including: The Cendor MOP, The Silva, The Resolute and The Marina Iris • the implications of the introduction of: Institute Cargo Clauses 2009, the effect of the Gambling Act 2005 and the Third Parties (Rights Against Insurers) Act 2010 Law Commission reform proposals The book explores in detail the following areas: • the nature of insurance • insurable interest • the insurance contract • the premium • insured risks • marine risks • exclusions • losses • claims • subrogation • double insurance

Reprint of the only edition. "So far as the work is published the author seems to have exhausted the whole learning on the subject. He has resorted to the best foreign sources of information, and his varied illustration of principles proves that he has left no department of the law of insurance unexplored. His treatise is replete with the soundest views, expressed in a logical manner, and in a glowing, perspicuous, and eloquent style.": James Kent, Commentaries on American Law III:287.

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1845 edition. Excerpt: ... THE LAW AND PRACTICE 0 MARINE INSURANCE. LECTURE I. CONTENTS. 4 1. General design of the work--$ 2. Division of the subject--$ 3. Preliminary topics--Division-- 4. Subjects embraced under head of the formation and execution of the contract--$ 5. Whether the contract must be in writing--$ 6. Various forms of policy--$ 7. Printed forms--$ 8. By whom policy must be signed-- $ 9. Execution of a policy by an incorporated company--$ 10. Constructive delivery sufficient-- 11. Agreements to insure--$ 12. May be effected by letters of correspondence--$ 13. Decision in Massachusetts on the que-iion when an agreement to insure is consummated--v 14. Whether parties bound by an entry in the books of an insurance company--$ 15. Inquiry as to the law in England relative to agreements to insure-- 16. Correction of mistakes in the policy--4 17. In a court of equity an ambiguous policy may be explained by a prior agreement--$ 18. When policy may be rescinded in a court of equity-- $ 19. How far the policy must correspond with a previous agreement-- $ 20. Written words in a policy--$ 21. Memorandum on the back of the policy must be signed--$ 22. Effect of a reference in the policy to other documents-- $ 23. Policy may embrace various subjects--$ 24. Alterations of the policy-- $ 25. Case in illustration-- 26. Effect of alteration by writing in margin-- $ 27. When policy vacated by an unauthorized alteration, assured not entitled to a return of premium--v 28. What alterations by the laws of England require a new stamp--$ 29. Construction of the act of parliament--$ 30. Effect of a change of voyage after inception of risks-- ' 31. Change of the subject insured-- $ 32. Correction of a mistake does not require a new...

Originally published in 1845, this book remains a seminal work on the laws and practices of marine insurance. Duer draws on a wide range of sources, including case law, commercial practices, and international customs, to provide a comprehensive and authoritative account of the subject. This book is a must-read for anyone involved in the marine insurance industry, as well as historians of law and commerce. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

The book examines and analyses in depth the specific issues which are currently occupying the marine insurance markets and the law. The London market is currently re-examining its practices and international competitiveness; and the English case law is growing significantly. The issues identified in the book are the “fundamental issues” on which marine insurance law is based, and which are in the process of being re-examined and developed further to respond to the needs of modern insurance practice. They are of wider interest to insurance law in general and the evolution of English law is analysed against the backdrop of legal developments in Europe and Scandinavia.