Chapter Page
Foreword to Third Edition
Author’s Preface to Third Edition
Acknowledgements
List of Plates
Index of Cases Cited
I The Claims Scene
Introduction – Position of the Insurance Broker – Average Adjusters –
Claims Adjusters – Central Accounting and Market Agreements –
Salvage Association – International Maritime Bureau – Marine Accident Investigation Branch – Marine Safety Agency – International Maritime Organisation – Lloyd’s Agents – Lloyd’s Intelligence Department –
Lloyd’s Register of Shipping – Claims Payable Abroad – P & I Clubs –
Claims handling procedure – Company Claims Departments
II Formation of the Contract
Introduction – The principle of good faith – Misrepresentation Act,
1967 – Non-disclosure and misrepresentation – Disclosure of criminal
offences – Conclusion of the contract
III Sundry Considerations
Introduction – Insurable Interest – Assignment – Method of Assignment – Ratification of the policy – P.P.I. Policies – Onus of proof – Practice of
Courts in scuttling cases – “without prejudice” – Unfair Contract Terms
Act 1977 – Statements of Insurance Practice – English Law and
Jurisdiction
IV The Duty of Care
Introduction – The neighbourhood test – Damage to Property –
Professional Negligence – The need for a possessory title to damaged
property – Law Reform (Contributory Negligence) Act, 1945
V The Policy Form
Introduction – Policy evidence of contract – Each signature a separate
contract – Mixed Sea ans Land Risks – Ambiguity – Slip as Evidence –
Implied Warranties and conditions – Seaworthiness defined – Breach
of Warranty
VI The Marine Adventure
Introduction – Ship – Goods – Other movables – Freight – The Assured –
Voyage or period of insurance – Vessel’s name – Deviation and delay – Overcarriage – The Subject-Matter Insured and its Valuation.
VII Included and Excluded Losses
Introduction – Proximate Cause – Onus of Proof – Wilful Misconduct –
Fear of Loss – Remote Causes Ignored – Concurrent Causes – Merger –
Missing Vessel – Delay – Wear and Tear – Ordinary Leakage and
Breakage – Inherent Vice – Rats or Vermin – Injury to Machinery –
Conclusions
VIII The Maritime Perils
Introduction – Ejusdem Generis – Perils of the Seas – Fire – War Perils –
Pirates and Rovers – Thieves – Jettison – Captures, seizures – Arrests,
restraints and detainments of kings, princes, and peoples – Barratry
IX Cargo Clauses – Particular Average
Introduction – Institute Cargo Clauses (B) and (C) – Extra – neous
Risks – Institute Cargo Clauses (A) – All Loss or Damage – Transit
Clause – Goods-in-Transit – Port Delay Clause – Termination of Contract
Unseaworthiness and Unfitness Exclusion Clause – Forwarding Charges
Clause – Duty of Assured Clause – Not to Inure Clause – Increased Value
Clause – “Both-to-Blame Collision” Clause – Resonable Desparch Clause –
Note – English Law and Practice Clause – Air Cargo Clauses
X Measure of Indemnity – Partial Loss of Cargo
Introduction – Insurable and insured values – Apportionment of
Valuation – Apportionable part – Part of goods totally lost – Delivery
in damaged condition – Salvage loss – Replacement Clause –
Unidentifiable Cargo – Pickings, Skimmings, etc. Clauses – Charges
and Expenses – Examples of P.A.Claims
XI Clauses for Special Trades
Introduction – Coal Clauses – Commodity Trades Clauses – FOSFA
Trade Clauses – Frozen Food Clauses – Frozen Meat Clauses – Jute
Clauses – Natural Rubber Clauses – Oil in Bulk – Timber Trade
Federation Clauses
XII Documentation of Cargo Claims (P.A.): Modern Modes of Transport
Introduction – Insurance Policy and / or Certificate – Survey Report –
Account Sales – Documentary Evidence – Master’s Protest / Ship’s Log – Shipping Invoice – Bill of Lading – Correspondence with Carriers - Form
of Subrogation – Containerisation – Roll-on, Roll-off Vessels – Barge
Systems – Refrigerated Cargoes – Hatchless Containerships – Tankers
and the US Oil Pollution Act – Other Innovations - Combined Transport Operators.
XIII Particular Average on Ship – The Reasonable Cost of Repairs
Introduction - No absolute standard of reasonableness – First reasonable opportunity for effecting repairs – Deferred Repairs – Temporary Repairs –
Overtime – Air Freight – Dry Dock Expenses – Tank Cleaning and/or
Gas-freeing – Removal Expenses – Wages and Provisions – Fuel and
Stores – Scraping and Painting – Tailshafts – Discharge of cargo for ship
repairs – Cost of Owners’ Superintendence – Remittance of Funds – Rate
of Exchange – Extra Charges
XIV Particular Average on Ship – Institute Time Clauses (Hulls)
Introduction – Navigation – Continuation – Breach of Warranty –
Classification – Termination – Assignment – Perils – Additional Perils
Clauses – Restricted Perils Clauses – Pollution Hazard – Notice of Claim and Tenders – Deductible – Machinery Damage Additional Deductible Clause –
Duty of Assured (Sue and Labour) – Other Clauses – Comparison with
American Hull Form
XV Unrepaired Damage – An Historical Review
Introduction – Stewart v. Steel – Knight v. Faith – Lidgett v. Secretan –
Pitman v. Universal Marine Insurance Co. – Marine Insurance Act, 1906, (Section 69) – Elcock and another v. Thomson – Irvin v. Hine – The
Armar – Proposed new Rule of Practice – The Medina Princess – The
continuing dilemma – Unrepaired Damage Clause 1983 – The Argonaftis
XVI Function of the Average Adjuster
Introduction – Payments on Account – Preparation of the Adjustment -
Delays in Settlement – Classification Warranties – Salvage Association
Accounts -Example of P.A. Adjustment.
XVII Introduction to Freight Claims
Introduction – Chartered Freight – Voyage Charters – The Aries Rule –
Time Charters – The Nanfri Test – Chartered or as if Chartered – Insurable Interest – Attachment of Risk – Advance Freight – Measure of Indemnity – Institute Freight Clauses – Effect of Disbursements Warranty – Cesser
Clause – Duty of Assured – Loss of Hire.
XVIII The Running Down Clause
Introduction – Maritime Conventions Act – Limitation of Liability –
Merchant Shipping Acts – Running Down Clause – Supplementary
Contract – Meaning of “Collision” – tug and Tow – Meaning of “Vessel” – Inclusion of Charterers – Payment of Damages – The Consequences of
Collision – Costs – Single and Cross Liabilities – Examples – Comparison
with American Hull form
XIX Further Consideration of Shipowners’ Liabilities
Introduction – Procedure in Collision Cases – Sister Ship Clause – The
Mareva Injuction – Freight Collision Clause – Excess Liabilities –
Tower’s Liability – Rate of Exchange – Limitation of Action – Rights
of Harbour Authorities etc. – The Pilotage Acts – Oil Pollution
Liability – Priorities of claimants after a forces sale – Port Risks Clauses – Clauses for Builders’ Risks – Exemption from Liability
XX Salvage
Introduction – Definition of “Salvage Charges” – Life Salvage – Persons
Entitled to Reward – Salvage, General Average, and Sue and Labour Distinguished – Determination of Amount of Award – Separate
Assessments – Vessels in Collision – Towage or Salvage – Lloyd’s
Standard Form of Salvage Agreement – Is Award under Lloyd’s Form
G.A. or Salvage Charges? – Sunken Treasure – Effect of Open or Sealed
Offers.
XXII Yachts and Sailing Dinghies
Introduction – The Proposal Form – Special Provisions of Dinghy
Policies – Institute Yacht Clauses – Collisions Claims – Limitations
of Liability – International Racing Rules – General Procedure on Claims
XXII Features of General Average
Introduction – English Development – Effect of York –Antwerp Rules –
General Average Act – Tug and Tow – Consequences of General Average
Act – Rules E and G – Effect of Fault – The “Jason” Clause
XXIII General Average – Sacrifice and Expenditure
Introduction – Port of Refuge Expenses – Resort to Port of Refuge for
the Common Safety – Damage Sustained at Port of Loading – Meaning
of “Port or Place” – Substituted Expenses – Expenses Lightening a Ship
when Ashore – Damage to Catgo in Discharging etc. – Jettison –
Extinguishing Fire on Shipboard – Cutting Away Wreck – Voluntary
Stranding – Salvage Remuneration – Abuse of Ship’s Equipment – Cargo,
Ship’s Materials and Stores used for Fuel
XXIV General Average – Made Good and Contributory Values
Introduction – Amount to be Made Good (Ship) – Amount to be Made
Good (Cargo) – Amount to be Made Good (Freight) – Contributory
Values – Contributory Value of Ship – Contributory Value of Cargo
– Hypothetical Salvage – Distribution of Losses and Expenditure –
Contributory Value of Freight - Contributory Value of Containers –
Consecutive General Averages
XXV General Average in Practice
Introduction – Security – Interest – Procision of Funds – Insurance of
Average Disbursements – Limitation of Action – Rates of Exchange –
Example of G.A. Adjustment
XXVI General Average in Relation to Marine Policies
Introduction – General Average Loss – Measure of Indemnity for G.A. Contribution – Effect of Under-insurance – Excess General Average –
Special G.A. Clauses – Limited Conditions – Apportionment of Interest – Apportionment of Credit Balances
XXVII Total Loss
Introduction – Actual Total Loss – Notice of Abandonment –
Constructive Total Loss – Measure of Indemnity for Total Loss –
Total Loss of Freight – Time Penalty Clause
XXVIII Abandonment and Subrogation
Introduction – Effect of Abandonment – Expenses Recoverable from Underwriters – Doctrine of Subrogation – Double Insurance.
XXIX Recoveries from Cargo Carriers
Introduction – Development of the Hague Rules – Scope of the Carriage
of Goods be Sea Act – Main Provisions of the Act – Issue of Bill of
Lading – Limitation of Liability – Carriage of Goods by Sea Act, 1992 –
The Hamburg Rules – Lightermans’s Liability – Port of London
Authority Liabilities - Post Office - Lloyd’s Recoveries Department
XXX Recoveries from Rail and Road Carriers
Intoduction – Carraige by Rail – C.I.M. Convention – Road Carriers -
Calculation of Liability – C. M. R Convention
XXXI Reinsurance Recoveries
Introduction – Unauthorised Insurers – Reinsurance “as original” –
Follow Settlements Clause – Reinsurance on Limited Terms –
Reinsurers’ Rights under Subrogation – Reinsurance Treaties –
Excess of Loss – Stop Loss – Tonners and Values Policies
XXXII War and Strikes
Introduction – Early development of the F C & S Warranty –
Consequences of Hostilities or Warlike Operations – The Coxwold Case –
Effect of the Coxwald Decision – War Exclusion Clause – Strikes
Exclusion Clause - Malicious Acts Exclusion Clause – Radioactive Contamination Exclusion Clause – Institute War Clauses (Cargo): Risks
Covered – Scope of Cover – Strikes Clauses – War and Strikes Clauses:
Hulls – War and Strikes Clauses: Freight – War Risks Club – Detention and Diversion Expenses – Conclusion
Appendix A Marine Insurance Act, 1906
Appendix B Statute Relating to Limitation of Liability
(Merchant Shipping Acts)
Appendix C Maritime Conventions Act, 1911
Appendix D York-Antwerp Rules, 1994 contrasted with
York-Antwerp Rules, 1974
Appendix E Association of Average Adjusters’ Rules of Practice
Appendix F Lloyd’s Standard Form of Salvage Agreement, 1980
Appendix G Lloyd’s Standard Form of Salvage Agreement, 1990
Together with Procedural Rules
Appendix H Lloyd’s Standard Form of Salvage Agreement, 1995
Appendix I Sections from the Merchant Shipping (Salvage and
Pollution) Act, 1994 (now incorporated into the Merchant
Shipping Act, 1995) as related to the International Convention
on Salvage, 1989
Appendix J Carriage of Goods by Sea Act, 1924
Appendix K Carriage of Goods by Sea Act, 1971
Appendix L Carriage of Goods by Sea Act, 1992
Appendix M The Hamburg Rules
Appendix N Carriage of Goods by Road Act, 1965
Appendix O Unfair Contract Terms Act, 1977
Index
Title: Marine Insurance Claims 3rd Ed.
Product Code: 4405Q038
ISBN: ISBN 13: 978-1-85609-104-6 (9781856091046), ISBN 10: 1-85609-104-X (185609104X)
Published Date: December 1996
Binding Format: Hardback
Weight: 2.50 kg
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