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Arnould Law of Marine Insurance and Average

Arnould Law of Marine Insurance and Average
19th Edition, 2nd Supplement
Series:  British Shipping Laws
Practice Area:  Shipping
ISBN:  9780414077270
Published by:  Sweet & Maxwell
Publication Date:  30 Jun 2020
Subscription Information:  Non-Subscribable Product
Format:  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.

CONTENTS

1 The Contract of Marine Insurance Generally
2 Forms and Contents of Marine Policies
3 The Construction of Marine Policies
4 Classes of Marine Insurers
5 Jurisdiction and Applicable Law
6 The Premium: Payment and Return
7 The Assured's Agents: Rights, Duties and Liabilities
8 Persons Who May Claim on the Policy
9 Floating Policies and Open Covers
10 The Subjects of Marine Insurance
11 Insurable Interest
12 Valuation of Insurable Interests
13 Duration of Risk: Time Policies and Voyage Policies
14 Change of Voyage, Deviation and Delay
15 The Pre-contractual Duty of Utmost Good Faith: General Principles
16 Non-disclosure
17 Misrepresentation
18 The Post-contractual Duty of Utmost Good Faith and Fraudulent Claims
18A The Consumer Insurance Act 2012
18B The Insurance Act 2015
19 Express Warranties
20 Implied Warranties: Seaworthiness
20A Contracting Out of the Insurance Act 2015 Regime
21 Illegality of the Risk
22 Losses Covered by the Policy: General Principles
23 Marine Risks
24 War Risks
25 Sue and Labour Expenses
26 General Average
27 Particular Average
28 Actual Total Loss
29 Constructive Total Loss
30 Abandonment
31 Subrogation
32 Double Insurance and Contribution
33 Reinsurance

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