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

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Author :
Publisher : AuthorHouse
ISBN 13 : 1524628840
Total Pages : 99 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 99 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.

Effects of Insurance on Maritime Liability Law

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Author :
Publisher : Springer
ISBN 13 : 9783319348995
Total Pages : 0 pages
Book Rating : 4.3/5 (489 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. This book was released on 2016-08-23 with total page 0 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.

War Risk and Certain Marine and Liability Insurance: July 19, 20, and 21, 1950

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Author :
Publisher :
ISBN 13 :
Total Pages : 122 pages
Book Rating : 4.:/5 ( download)

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Book Synopsis War Risk and Certain Marine and Liability Insurance: July 19, 20, and 21, 1950 by : United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Maritime Affairs

Download or read book War Risk and Certain Marine and Liability Insurance: July 19, 20, and 21, 1950 written by United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Maritime Affairs and published by . This book was released on 1949 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers legislation to authorize U.S. Maritime Commission issuance of liability insurance for off-season iron ore shipments on Great Lakes for national defense needs, pt. 3.

Marine P & I Policy Annotations

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Author :
Publisher : American Bar Association
ISBN 13 :
Total Pages : 148 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Marine P & I Policy Annotations by :

Download or read book Marine P & I Policy Annotations written by and published by American Bar Association. This book was released on 1982 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt:

War Risk and Certain Marine and Liability Insurance

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Author :
Publisher :
ISBN 13 :
Total Pages : 284 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis War Risk and Certain Marine and Liability Insurance by : United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Maritime Affairs

Download or read book War Risk and Certain Marine and Liability Insurance written by United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Maritime Affairs and published by . This book was released on 1949 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers legislation to authorize U.S. Maritime Commission issuance of liability insurance for off-season iron ore shipments on Great Lakes for national defense needs, pt. 3.

An Introduction to P & I Insurance and Loss Prevention

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Publisher :
ISBN 13 : 9780954653798
Total Pages : 0 pages
Book Rating : 4.6/5 (537 download)

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Book Synopsis An Introduction to P & I Insurance and Loss Prevention by : North of England P & I Association

Download or read book An Introduction to P & I Insurance and Loss Prevention written by North of England P & I Association and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This guide provides a comprehensive introduction to the fascinating world of marine liability insurance. It focuses in particular on the services provided by the members of the International Group of P&I Clubs, who mutually insure over 90% of the world's ocean-going fleet of merchant shipping tonnage. The guide also introduces the key international conventions and regulations governing international shipping practice as well as the all-important topic of maritime lossprevention. Mutual shipowners' liability clubs originated in England in the nineteenth century and this guide is written and published by the world's first combined protection and indemnity club - North of England P&I Association. Formed in 1886, the club is now widely regarded as one of the most successful. This guide is intended as a standalone publication for anyone wishing to get a basic grounding in P&I insurance and loss prevention. It also serves as the main reference book for North of England's long-established Training course on the topic. -Back cover.

Handbook of LOGISTICS, SHIPPING & Commercial Terminologies

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Author :
Publisher : Notion Press
ISBN 13 : 1684669405
Total Pages : 336 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 336 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]

Effects of Insurance on Maritime Liability Law

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Author :
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 Insurance

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Publisher :
ISBN 13 :
Total Pages : 438 pages
Book Rating : 4.3/5 (5 download)

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Book Synopsis Marine Insurance by : H. G. Lay

Download or read book Marine Insurance written by H. G. Lay and published by . This book was released on 1925 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Oil Spills First Principles

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Author :
Publisher : Elsevier
ISBN 13 : 9780080537962
Total Pages : 678 pages
Book Rating : 4.5/5 (379 download)

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Book Synopsis Oil Spills First Principles by : B. Ornitz†

Download or read book Oil Spills First Principles written by B. Ornitz† and published by Elsevier. This book was released on 2002-06-18 with total page 678 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marine oil spills are no longer considered unavoidable "accidents" resulting from adverse environmental conditions or functions of catastrophic events. More than 80% of all spills are the result of "human error". The focus of the current legal, regulatory, and convention framework affecting the transportation of oil by ship reflects a recent change in public attitude, in which there is an insistence upon protection of the world¿s marine environments, particularly coastal ecosystems. The outcome of such global attention is the creation of significant legal and political motivators for a cultural shift by the oil shipping industry, from an "evasion culture" to a "safety culture". The new safety culture connotes continuous improvement in ship operations and a willingness to adopt the evolving concepts of communication at all levels, better trained and qualified personnel on board ship, emphasis of safety from top down, and proactive institution of safety management systems. Mere compliance with international and national laws is no longer sufficient for future sustainable shipping. These changes and advancements in understanding the science and engineering of oil spills are the focus of this book on Oil Spills First Principles. They are Prevention, based upon adoption of the safety culture, and Best Response, utilizing scientific, technical and environmental data and information. Over the past 30 years, billions of US dollars have been spent in R&D planning, response and clean up of oil spills. All of these efforts have focused on achieving Best Response. The concept of time periods of "Technology Windows-of-Opportunity" for a given response and clean up technology has developed from the leadership and wisdom of researchers and responders from many nations using modeling of the weathering of spilled oil and technology effectiveness. The Windows-of-Opportunity strategy provides a scientific basis for policy and decision-making in oil spill planning, response, and training. A global paradigm shift is needed to more effectively utilize and expedite the application of lessons learned in both prevention and clean up. Recognition of economic, political, and legal benefits accruing from environmental protection is good for business and critical for sustainable shipping.

Marine Insurance Claims

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Publisher : Witherby, Limited
ISBN 13 :
Total Pages : 846 pages
Book Rating : 4.3/5 (5 download)

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Book Synopsis Marine Insurance Claims by : J. Kenneth Goodacre

Download or read book Marine Insurance Claims written by J. Kenneth Goodacre and published by Witherby, Limited. This book was released on 1974 with total page 846 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Marine Insurance

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Publisher : Kogan Page
ISBN 13 : 9780749482633
Total Pages : 288 pages
Book Rating : 4.4/5 (826 download)

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Book Synopsis Marine Insurance by : Sam Ignarski

Download or read book Marine Insurance written by Sam Ignarski and published by Kogan Page. This book was released on 2018-03-09 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the way marine insurance markets function and covers liability, insurance, law, the market and claims.

Research Handbook on Marine Insurance Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1803926686
Total Pages : 393 pages
Book Rating : 4.8/5 (39 download)

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Book Synopsis Research Handbook on Marine Insurance Law by : Özlem Gürses

Download or read book Research Handbook on Marine Insurance Law written by Özlem Gürses and published by Edward Elgar Publishing. This book was released on 2024-03-14 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Principles of Marine Insurance

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Author :
Publisher :
ISBN 13 :
Total Pages : 260 pages
Book Rating : 4.3/5 (5 download)

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Book Synopsis The Principles of Marine Insurance by : Harold A. Turner

Download or read book The Principles of Marine Insurance written by Harold A. Turner and published by . This book was released on 1986 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Fairplay

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Publisher :
ISBN 13 :
Total Pages : 888 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Fairplay by :

Download or read book Fairplay written by and published by . This book was released on 1973 with total page 888 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Response to Marine Oil Pollution

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Author :
Publisher : Springer Science & Business Media
ISBN 13 : 9780792356745
Total Pages : 418 pages
Book Rating : 4.3/5 (567 download)

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Book Synopsis Response to Marine Oil Pollution by : Douglas Cormack

Download or read book Response to Marine Oil Pollution written by Douglas Cormack and published by Springer Science & Business Media. This book was released on 1999-04-30 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: Response to Marine Oil Pollution - Review and Assessment is the essential source book, now updated, for all involved in marine oil pollution consequences and response. It covers policy, planning and operations, and provides technical assessment of the true nature of the problem, of the means to maximise the performance of current techniques and equipment, and of the bases for future improvements. This book provides a fundamental understanding of the oil properties and processes which determine the persistence and impacts of oils in the marine environment. It establishes parameters against which to evaluate performance of all current techniques and equipment, and the environmental impacts of their use. It identifies design parameters, and makes proposals for the creation and development of more effective equipment and techniques. The book also shows how a fresh approach to cargo transfer, and the scaling of spillage response provision to oil releases on immediate impact, will be more effective overall, and will ensure that approved waste handling and disposal facilities are not overwhelmed. The recent Sea Empress incident is reviewed to illustrate the points made and conclusions reached, and to emphasise the need for thorough salvage planning for all future incidents.

Marine Insurance

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Publisher :
ISBN 13 :
Total Pages : 120 pages
Book Rating : 4.3/5 (5 download)

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Book Synopsis Marine Insurance by : F. H. Carey

Download or read book Marine Insurance written by F. H. Carey and published by . This book was released on 1921 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: