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Arnould: Law of Marine Insurance and Average

Arnould: Law of Marine Insurance and Average
19th Edition, Mainwork & 2nd Supplement
Series:  British Shipping Laws
Practice Area:  Shipping
ISBN:  9780414073463
Published by:  Sweet & Maxwell
Publication Date:  30 Jun 2020
Subscription Information:  Non-Subscribable Product
Format:  Hardback, Paperback
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Arnould Law of Marine Insurance and General Average explains the form, contents and construction of marine insurance policies, and the procedures and evidence required in bringing a case.
The second cumulative supplement to the 19th edition covers developments since the publication of the first supplement, such as:
  • The judgment on The Brillante Virtuoso, including analysis of the correct approach to proof of wilful misconduct, as well as consideration of the constituents of the perils of piracy and malicious act
  • The decision of the Supreme Court in Singularis Holdings Ltd v Daiwa Capital Markets Ltd
  • The decision of the Supreme Court in The Atlantik Confidence, handed down on 1st April 2020, which reverses in part the decision of the Court of Appeal, in holding that it is unnecessary for a claimant to demonstrate that it is the “weaker party” in order to take advantage of section 3 of the Recast Brussels Regulation (jurisdiction in matters relating to insurance) where that claimant is the policyholder, the insured or the beneficiary of the policy
  • In Scotland, in what is believed to be the first decision under the Insurance Act, 2015, the Court of Session has confirmed that section 3(5)(e) has not altered the pre-existing law on waiver of non-disclosure.

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