Marine Cargo Insurance

The third edition of this British Insurance Law Association (BILA)-award winning text is the definitive reference source for marine cargo insurance law. Written by an author who was closely involved with the revisions to the Institute Cargo Clauses 2009, and now co-authored by a practicing marine insurance specialist, the work expertly examines marine cargo insurance by reference to important English and foreign legal cases as well as the Marine Insurance Act 1906 and the Insurance Act 2015. Logically arranged to reflect the structure of the Institute Cargo Clauses, the most widely used standard form of cover, this text offers easy to find solutions for today’s busy practitioner.

New to this edition:

• Completely revised to state the law on duty of fair presentation, warranties. and exclusions in terms of the Insurance Act 2015
• A brand new section on the Joint Cargo Committee Communicable Disease Exclusion Clauses introduced by the JCC following the Covid-19 pandemic
• A new section devoted to cyber risks, which considers and examines the latest clauses in use in the market
• Insurable interest in cargo revised and expanded in light of Quadra Commodities SA v. XL Insurance Company SE
• The chapter on choice of law and jurisdiction extensively revised following Brexit to include the new subsidiary legislation applying Rome I and the changes to the jurisdiction rules now based on the Hague Convention 2005 and the common law
• Fraudulent claims re-written in light of the Insurance Act 2015 and The Supreme Court’s decision in The "DC Merwestone", abolishing fraudulent devices
• Non-existent goods extensively revised in light of the recent caselaw including Engelhart CTP (US) LCC v. Lloyd’s Syndicate 1221; Quadra Commodities SA v. XL Insurance Company SE and ABN Amro Bank NV v Royal & Sun Alliance Insurance plc
• Consideration of when a loss occurs as a result of detention amended to include AerCap Ireland Limited v. AIG Europe SA & Others (Russian Aircraft Lessor Policy Claims)
• “mysterious disappearance” considered in light of AXL Resources v Antares Underwriting
• Damages for late payment of claims revised and re-written in light of the Insurance Act 2015, s.13(A)(1) and the decisions in Quadra Commodities SA v. XL Insurance SE and The“Win Win”
• Fully updated with all of the significant insurance cases since 2015, including Swashplate v Liberty Mutual; construction of marine cargo insurance contracts and Young v RSA, Insurance Act 2015, fair presentation, waiver
• Updated to include numerous recent foreign cases on marine cargo insurance
• Exceptionally comprehensive appendices which include all relevant legislation and Institute Clauses, now updated to include the JCC Communicable Disease Clause and the JCC Marine Cargo Cyber Exclusion Clauses

This unique text is a one-stop resource for marine lawyers handling cargo insurance claims, and will also be of interest to students and researchers of maritime law.