The Function of Protection & Indemnity Marine Insurance in Relation to Ship Owner ́S Liability for Cargo Claims

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Publisher : AuthorHouse
ISBN 13 : 1524628840
Total Pages : 109 pages
Book Rating : 4.5/5 (246 download)

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Book Synopsis The Function of Protection & Indemnity Marine Insurance in Relation to Ship Owner ́S Liability for Cargo Claims by : Joseph Tshilomb JK, LLM;MSc

Download or read book The Function of Protection & Indemnity Marine Insurance in Relation to Ship Owner ́S Liability for Cargo Claims written by Joseph Tshilomb JK, LLM;MSc and published by AuthorHouse. This book was released on 2016-03-04 with total page 109 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the early days of shipping and international maritime trade many more casualties occurred at sea. Ever since, ship owners liability for cargo claims has been increasing both in number and in cost in spite of the huge technical development in international maritime transport. In order to make it easier for ship owners to operate safely and efficiently the Protection and Indemnity appeared around 1870 as mutual marine insurance. Besides Hull & Machinery and Cargo Insurance offered on the international commercial market in insurance, Protection and Indemnity Insurance (known under the acronym P&I) is a ship owners insurance cover for legal liabilities to third parties. This cover is generally achieved by entering the ship in a mutual insurance club. Nowadays, the mutuality is performed by an underwriter who endeavors to see that each owner carries his fair share of the risk. The members of P&I clubs are ship owners, charterers or ship management companies. At present, a major function of the Protection and Indemnity insurance is to cover the ship owner for legal and contractual liability for loss of cargo or damage to cargo if there has been a breach of the carriage contract. This liability is called Third party liability. The ship owner will handover the cargo claim to his P&I Club. In order to clarify this liability, Article 3, Paragraph 2 of the Hague Visby rules stipulates: Subject to the provisions of Article 4 the carrier shall properly and carefully load, handle, stow, carry, keep, care for and discharge the goods carried. Therefore, the focus in this research study is placed on the function of Protection and Indemnity insurance covering the ship owners liability for damage to cargo or loss of cargo.

The Function of Protection & Indemnity Marine Insurance in Relation to Ship Owner ́s Liability for Cargo Claims

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Publisher :
ISBN 13 : 9781524628826
Total Pages : 0 pages
Book Rating : 4.6/5 (288 download)

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Book Synopsis The Function of Protection & Indemnity Marine Insurance in Relation to Ship Owner ́s Liability for Cargo Claims by : Joseph Tshilomb JK MSc & LLM

Download or read book The Function of Protection & Indemnity Marine Insurance in Relation to Ship Owner ́s Liability for Cargo Claims written by Joseph Tshilomb JK MSc & LLM and published by . This book was released on 2016-03-04 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the early days of shipping and international maritime trade many more casualties occurred at sea. Ever since, ship owner's liability for cargo claims has been increasing both in number and in cost in spite of the huge technical development in international maritime transport. In order to make it easier for ship owners to operate safely and efficiently the Protection and Indemnity appeared around 1870 as mutual marine insurance. Besides Hull & Machinery and Cargo Insurance offered on the international commercial market in insurance, Protection and Indemnity Insurance (known under the acronym "P&I") is a ship owner ́s insurance cover for legal liabilities to third parties. This cover is generally achieved by entering the ship in a mutual insurance club. Nowadays, the mutuality is performed by an underwriter who endeavors to see that each owner carries his fair share of the risk. The members of P&I clubs are ship owners, charterers or ship management companies. At present, a major function of the Protection and Indemnity insurance is to cover the ship owner for legal and contractual liability for loss of cargo or damage to cargo if there has been a breach of the carriage contract. This liability is called "Third party liability." The ship owner will handover the cargo claim to his P&I Club. In order to clarify this liability, Article 3, Paragraph 2 of the Hague Visby rules stipulates: "Subject to the provisions of Article 4... the carrier shall properly and carefully load, handle, stow, carry, keep, care for and discharge the goods carried." Therefore, the focus in this research study is placed on the function of Protection and Indemnity insurance covering the ship owner ́s liability for damage to cargo or loss of cargo.

The IMLI Manual on International Maritime Law

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Publisher : Oxford University Press
ISBN 13 : 0199683948
Total Pages : 657 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The IMLI Manual on International Maritime Law by : David Joseph Attard

Download or read book The IMLI Manual on International Maritime Law written by David Joseph Attard and published by Oxford University Press. This book was released on 2014 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume I: The Law of the Sea addresses the major issues which arise in the law of the sea. It provides a detailed understanding of the historical development of the law of the sea; the role of the International Maritime Organization; the law surrounding maritime zones; the legal regime of islands; the international sea-bed area; the legal regime governing marine scientific research; the rights and obligations of land-locked and geographically disadvantaged states; the legal regime of Arctic and Antarctic; and the settlements of disputes. This volume also considers the ways in which human rights and the law of the sea interact." --

The Modern Law of Marine Insurance

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Publisher : CRC Press
ISBN 13 : 1317424735
Total Pages : 350 pages
Book Rating : 4.3/5 (174 download)

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Book Synopsis The Modern Law of Marine Insurance by : Rhidian Thomas

Download or read book The Modern Law of Marine Insurance written by Rhidian Thomas and published by CRC Press. This book was released on 2015-10-14 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This latest and fourth volume in the series comprises ten contributions written by an expert team of academics and practitioners and which collectively analyse and expound many of the contemporary legal issues and debates in the law and practice of marine insurance. Some of the contributions touch upon areas of the law which will be amended by the Insurance Act 2015, and provide an insight to the future changes in the law. The topics covered are: An assessment of the Marine Insurance Act 1906 Construction of marine policies Litigating against brokers – the measure of damages Co-insurance and leading underwriter clauses Duties of good faith of insurers and reinsurers Assured right to interest when a policy is avoided The impact of The Cendor MOPU on the Institute Cargo Clauses Fraudulent claims Aspects of Subrogation Conflict of laws in light of the recast Brussels I Regulation This book is essential reading for maritime lawyers, brokers and insurance market practitioners, academics, and companies associated with the marine insurance markets worldwide.

Handbook of LOGISTICS, SHIPPING & Commercial Terminologies

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Publisher : Notion Press
ISBN 13 : 1684669405
Total Pages : 182 pages
Book Rating : 4.6/5 (846 download)

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Book Synopsis Handbook of LOGISTICS, SHIPPING & Commercial Terminologies by : Benny John

Download or read book Handbook of LOGISTICS, SHIPPING & Commercial Terminologies written by Benny John and published by Notion Press. This book was released on 2019-04-15 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: Logistics, Shipping and Supply Chain Management is an emerging subject of importance in an emerging country like India and similar economies. Since India is at the cusp of being a developed nation and subjects like Logistics are still at the infancy stage, lot of Universities and Institutes in India have started including these subjects at the Bachelors, Masters and diploma levels of Business Administration, Management Science, Commerce and Export & Import related subjects and this book will have, I hope, tremendous interests among the practitioners, young students and the academia not only for the global community but Indian sub-continent and South East Asia specifically. Since now, after more than 30 years of professional life, I am a visiting faculty member of various Universities and Institutes, I felt that there is dearth of proper books in this field, and I felt it as my humble duty to share whatever limited knowledge with the young students who were never exposed to subjects like Shipping, Logistics, Supply Chain Management, Commerce, Export Import Trade and their operational and legal aspects. If this book also assist the faculty members even in a limited way, then my humble efforts are fulfilled. Although there are lot of people worldwide who has guided and helped me during my career in India and abroad, to name them is a huge task. But I can’t forget the help and guidance given to me during my professional life in Germany by Mr. Herbert Poetschke, Hapag Lloyd AG, Hamburg, Mr. Christian Conen, VLA-Vereinigte Linen Agenturen GmbH, Bremen and specially my well wishers in India Mr. K.C. Raman, former Director of Forbes Gokak, and Mr. Shantanu Bhatkamkar, Chairman of the ATC Logistics Group, Mumbai. But it was the persuasion from one of my cousins and a friend, Mr. Sam G. Nilamel of Nilamel Exports, an industrialist in Kerala and Kuwait, who always prompted me to write a book. Though in I have commenced this hilarious exercise of bringing out this comprehensive handbook on Logistics and Shipping couple of years back, it was a tremendous task to write, re-write, revise and edit this volume. After the main script is finalized, it is my daughter Aatira Benn John who helped me in formatting and designing this book in its present form and I am thankful to her. Comments and suggestions from readers are welcome to improve future editions and your suggestions may be sent to my email: [email protected]

Cases and Materials on Marine Insurance Law

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Publisher : Routledge
ISBN 13 : 1135346933
Total Pages : 1165 pages
Book Rating : 4.1/5 (353 download)

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Book Synopsis Cases and Materials on Marine Insurance Law by : Susan Hodges

Download or read book Cases and Materials on Marine Insurance Law written by Susan Hodges and published by Routledge. This book was released on 2012-09-10 with total page 1165 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive collection of Cases and Materials On Marine Insurance Law. The sources included here are not always readily accessible. Each chapter is introduced with a brief resume of the general principles,before the facts of each case are summarised and the extracts of the relevant parts of judgments reproduced. The significance of the judicial extracts, the statutory materials and standard terms are then discussed with particular emphasis on important and problematical areas of the law.This book will be indispensable not only to postgraduate students of law, in-house lawyers, insurance brokers and claims adjusters, but also to students of maritime studies, legal practitioners and a wide range of professionals within the shipping industry who may wish to have at hand a convenient source of information. Whilst the book is a companion to the authors The Law of Marine Insurance, it is also structured to stand as a marine insurance text in its own right.

An Introduction to P&I Insurance and Loss Prevention

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Publisher :
ISBN 13 : 9780955825781
Total Pages : 0 pages
Book Rating : 4.8/5 (257 download)

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Book Synopsis An Introduction to P&I Insurance and Loss Prevention by :

Download or read book An Introduction to P&I Insurance and Loss Prevention written by and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive introduction to marine liability insurance, otherwise known as protection and indemnity (P&I).

Limitation of Liability for Maritime Claims

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Publisher : Taylor & Francis
ISBN 13 : 1000285758
Total Pages : 661 pages
Book Rating : 4.0/5 (2 download)

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Book Synopsis Limitation of Liability for Maritime Claims by : Patrick Griggs

Download or read book Limitation of Liability for Maritime Claims written by Patrick Griggs and published by Taylor & Francis. This book was released on 2020-11-25 with total page 661 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fourth edition addresses certain developments, including the 1996 Protocol to the 1976 Limitation Convention, which have come into effect since publication of the previous edition. The chapters on limitation of liability for passenger claims and in relation to the carriage of goods have been updated, as has the chapter on limitation regimes worldwide. The book also focuses upon the practicalities of seeking to limit by reference to case law and procedural rules.

Effects of Insurance on Maritime Liability Law

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Publisher : Springer Science & Business Media
ISBN 13 : 331903488X
Total Pages : 330 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Effects of Insurance on Maritime Liability Law by : Muhammad Masum Billah

Download or read book Effects of Insurance on Maritime Liability Law written by Muhammad Masum Billah and published by Springer Science & Business Media. This book was released on 2014-01-07 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines how the absence of insurance in the past led to some special maritime liability law principles such as ‘general average’ (i.e., losses or expenses shared by all the parties to a maritime adventure) and the limitation of shipowners’ liability. In the absence of insurance, these principles served the function of insurance mostly for shipowners. As commercial marine insurance is now widely available, these principles have lost their justification and may in fact interfere with the most important goal of liability law i.e., deterrence from negligence. The work thus recommends their abolition. It further argues that when insurance is easily available and affordable to the both parties to a liability claim, the main goal of liability law should be deterrence as opposed to compensation. This is exactly the case with the maritime cargo liability claims where both cargo owners and shipowners are invariably insured. As a result, the sole focus of cargo liability law should be and to a great extent, is deterrence. On the other hand in the vessel-source oil pollution liability setting, pollution victims are not usually insured. Therefore oil pollution liability law has to cater both for compensation and deterrence, the two traditional goals of liability law. The final question the work addresses is whether the deterrent effect of liability law is affected by the availability of liability insurance. Contrary to the popular belief the work attempts to prove that the presence of liability insurance is not necessarily a hindrance but can be a complementary force towards the realization of deterrent goal of liability law.

Marine Reinsurance

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Publisher : Hyperion Books
ISBN 13 :
Total Pages : 364 pages
Book Rating : 4.3/5 (5 download)

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Book Synopsis Marine Reinsurance by : Robert Henry Brown

Download or read book Marine Reinsurance written by Robert Henry Brown and published by Hyperion Books. This book was released on 1981 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Law and Practice of Marine Insurance in Canada

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Publisher : Markham, Ont. : LexisNexis Butterworths
ISBN 13 :
Total Pages : 538 pages
Book Rating : 4.3/5 (5 download)

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Book Synopsis The Law and Practice of Marine Insurance in Canada by : George R. Strathy

Download or read book The Law and Practice of Marine Insurance in Canada written by George R. Strathy and published by Markham, Ont. : LexisNexis Butterworths. This book was released on 2003 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Fairplay Shipping Journal

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Publisher :
ISBN 13 :
Total Pages : 964 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Fairplay Shipping Journal by :

Download or read book Fairplay Shipping Journal written by and published by . This book was released on 1966 with total page 964 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Liability of Classification Societies

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Publisher : Springer Science & Business Media
ISBN 13 : 3540729151
Total Pages : 394 pages
Book Rating : 4.5/5 (47 download)

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Book Synopsis The Liability of Classification Societies by : Nicolai I. Lagoni

Download or read book The Liability of Classification Societies written by Nicolai I. Lagoni and published by Springer Science & Business Media. This book was released on 2007-06-29 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: Because the liability of ship owners is limited, classification societies have been considered as exempt from liability. This book analyses which actions of classification societies may give rise to claims and whether or not the societies can be held liable under English, German or American maritime law. In addition, it develops the fundamental aspects of an international convention on the limitation of the liability of classification societies.

Syren and Shipping Illustrated

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Publisher :
ISBN 13 :
Total Pages : 728 pages
Book Rating : 4.3/5 (243 download)

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Book Synopsis Syren and Shipping Illustrated by :

Download or read book Syren and Shipping Illustrated written by and published by . This book was released on 1952 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Maritime Labour Convention, 2006

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004183752
Total Pages : 723 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The Maritime Labour Convention, 2006 by : Moira McConnell

Download or read book The Maritime Labour Convention, 2006 written by Moira McConnell and published by Martinus Nijhoff Publishers. This book was released on 2011-05-23 with total page 723 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a detailed legal analysis of the fourth pillar of the international maritime regulatory regime, the comprehensive Maritime Labour Convention, 2006, and its provisions to achieve decent work for seafarers and a level playing field for shipowners.

The Weekly Underwriter

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Publisher :
ISBN 13 :
Total Pages : 1544 pages
Book Rating : 4.3/5 (512 download)

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Book Synopsis The Weekly Underwriter by : Alasco Delancey Brigham

Download or read book The Weekly Underwriter written by Alasco Delancey Brigham and published by . This book was released on 1937 with total page 1544 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Pollution at Sea

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Publisher : Taylor & Francis
ISBN 13 : 1317984420
Total Pages : 418 pages
Book Rating : 4.3/5 (179 download)

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Book Synopsis Pollution at Sea by : Baris Soyer

Download or read book Pollution at Sea written by Baris Soyer and published by Taylor & Francis. This book was released on 2013-06-07 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sharp, informed and thoroughly practical guide to contemporary and developing issues relating to sea pollution, prepared by leading academics and practitioners with everyday hands-on experience. Pollution at Sea focuses on a number of the vital private law issues – compensation, insurance, contract and tort – thrown up by contemporary developments in the law of pollution. The book also intends to offer a critical analysis on emerging public law concepts, such as the legal position of seafarers from the perspective of criminal law in cases of pollution and the impact of port state control as a pollution control mechanism. Pollution at Sea is divided into three parts: 1. Private Law Liability Regimes 2. Rights and Liabilities of Particular Parties 3. The Impact of Public Law on the Actors Concerned In part 1; various liability regimes are dissected, including those which have been under the spotlight in recent years. This section has particular international appeal, and many of the regimes discussed are based at least in part on international conventions, agreements or practices. In part 2; the impact of pollution at sea on third parties is considered, with respect to the legal position of parties that might be perused either by the victims of pollution incidents or in some cases by the parties liable by way of a recourse action. Finally in part 3; recent relevant developments, particularly in the realm of public law are covered.