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This erudite Research Handbook presents in-depth analyses on marine insurance law, exploring its fundamental issues, legal conflicts and the ways in which technology has changed the marine insurance landscape.Bringing together a vast array of expert legal scholars and practitioners, this book adeptly relates marine insurance to international trade, cyber insurance and pandemic exclusions. Chapters cover protection and indemnity insurance, marine insurance fraud and emerging technology, total losses under marine policies and the insurance requirements in Incoterms® 2010 and 2020. Offering a detailed assessment of crucial legal principles including duty of utmost good faith, subrogation in co-insurance, wilful misconduct of the assured and conflicts of law, this Research Handbook provides a vital contribution to this continually developing legal field. The Research Handbook on Marine Insurance Law will be a necessary resource for academics, researchers and students specialising in maritime law, international commercial law, insurance law and private international law. Providing practical case studies as evidence, it will also be beneficial to legal practitioners and professionals working in shipping and international trade industries.
Edited by Özlem Gürses, Professor of Commercial Law, King's College London, UK
Contents:Introduction to Research Handbook on Marine Insurance Law 1Özlem GürsesPART I1 Marine insurance law as a treasure trove of legal principles 6Satoshi Nakaide2 Protection and indemnity insurance: is it truly insurance? 26Rhidian ThomasPART II3 Has the principle of ‘utmost good faith’ in marine insurance lawbecome like the Cheshire Cat – now you see it and now you don’t? 42Richard Aikens4 Co-insurance and rights of subrogation post-Gard Marine And Energy vChina National Chartering Company Ltd 63Kyriaki Noussia and Yavuz Can Aslan5 Scuttling, fortuity and marine perils – from the mortgagee’s and thecargo owner’s points of view 87Özlem GürsesPART III6 To what extent should marine cargo insurance be construed to includecover for financial loss? 108John Dunt7 Total losses under marine policies 130Peter MacDonald Eggers KC8 Forwarding cargo to destination: a review of Rules F and G, York–Antwerp Rules 163Richard SarllPART IV9 Protection & indemnity clubs and arbitration clauses 183Rob Merkin10 Taxonomizing third-party rights of direct action against marine liabilityinsurers 204Paul Myburgh11 Choice-of-law issues in marine insurance cases in the United States 223Michael SturleyPART V12 Insurance requirements in Incoterms® 2020 245Margarida Lima Rego13 The use of insurance documents in international trade: enabling digitalisation 260Miriam GoldbyPART VI14 Marine insurance fraud and emerging technology 275Gary Meggitt15 The role of insurance in regulating cyber risks in the shipping industry 306Feng Wang16 Legal and regulatory issues for sustainable marine insurance: thePoseidon Principles for Marine Insurance 333Livashnee Naidoo17 The German Pandemic Exclusion Clause and its write-back clauses 353Dieter SchwampeIndex 372
‘This is a welcome and rich addition on marine insurance law for this series of Research Handbooks, providing in-depth coverage across issues of contemporary relevance, including digitalisation and new technologies. The reader can be assured of stimulating and thought-provoking analysis. It is required reading for cognoscenti and tyro alike.’
