Marine Insurance Law
Page 535
Index
- abandonment
- ‘absolute assignment’ ,
- ‘absolute total loss’
- acceptance of abandonment –
- accidents , , , , , ,
- account adjustment between broker and insurer –
- actual loss , , , , , , , see also actual total loss (ATL); constructive total loss; total loss
- actual total loss (ATL) – see also actual loss; constructive total loss (CTL); total loss
- assured irretrievably deprived of insured subject matter –
- capture –
- constituted
- and crew , ,
- destruction of subject matter –
- forms of loss in marine insurance
- of freight –
- indemnity –
- insurable value –
- irretrievable deprivation –
- pure economic loss versus physical damage –
- subject matter so damaged as to cease to be a thing of the kind insured –
- time when actual loss must be constituted –
- actual value , , , ,
- adjusted premium clauses
- admiralty court ,
- affirmation, waiver by –
- agents
- aground, running , , ,
- all risks insurance –
- apportionment principle, sue and labour clauses –
- arbitrage
- arbitration clauses –
- arson see also fire
- assignment –
- ‘at and from’
- ‘Automatic Termination’ clause
- back-to-back cover (reinsurance) –
- bailee
- banks , , , ,
- barratry –
- basis of the contract clauses –
- bills of lading , , ,
- binding contract, when concluded –
- ‘blind eye' knowledge/ ‘turning a blind eye’ , , ,
- boilers, bursting of
- bona fide settlements, reinsurance –
- bordereaux (memoranda) ,
- ‘Both to Blame Collision Clause’ –
- bottomry
- breach of contract , , ,
- brokers
- account adjustment between broker and insurer –
- cancellation clause
- claims procedure –
- commission –
- contributory negligence see contributory negligence
- dual agency
- duty of disclosure –
- lien ‘brokers' lien
- material facts, duty not to misrepresent –
- placement, duties on –
- placing brokers pre–contractual duties –
- post-contractual duties –
- producing see producing brokers
- reasonable skill and care, duty to act with –
- renewal, duties applying on –
- as servants of the market –
- and underwriters , , , –
- ‘brokers' lien – see also equitable lien
- ‘bubbles'/Bubble Act , ,
- burden of proof
- business interruption losses
- ‘but for' test , see also causation and marine perils; duty of good faith; inducement
- capture
- cargo , , , , , , , , , , , , , , , ,
- Cargo Clauses , , , , see also Institute Cargo Clauses (A, B and C)
- cargo risks –
- ‘casualties of the seas’ ,
- causation and marine perils – see also accidents; casualties; insured perils
- chain of causation , , , , see also causation and marine perils
- charterers , , , , , , , ,
- ‘circuity of action' doctrine
- Civil Procedure Rules
- claims, insurer's right to defend
- claims control clauses (reinsurance)
- claims co-operation clauses (reinsurance)
- claims procedure –
- clothing ,
- coal , , , , ,
- co-assured, subrogation action against –
- coffee ,
- collision liability, Collision Liability Clause
- collisions
- commission, brokers –
- common law , , , , ,
- common sense , , , , , , –
- communications , , ,
- compliance, warranties –
- composite insurance
- concurrent causes, marine perils –
- condition precedent creation –
- conflicts of law rules
- consideration, total failure of –
- construction contracts ,
- construction of claims provisions
- constructive total loss, casualties , , , ,
- constructive total loss (CTL) see also actual loss; actual total loss (ATL)
- abandonment on account of ATL appearing unavoidable
- common law , , ,
- cost of repairing damage exceeding value of ship when repaired –
- and crew , , , ,
- date of assessment –
- definition
- deprivation of possession of ship or goods –
- form of notice and acceptance of abandonment –
- of freight –
- of goods –
- notice of abandonment –
- recovery unlikely
- subject matter insured reasonably abandoned on account of its actual total loss appeared to be unavoidable
- successive total losses
- of voyage –
- consumer insurance , , , see also non-consumer (business) insurance
- contingent conditions
- contingent interest
- Contract Certainty Code of Practice (CCCP, 2007-)
- contract law, principles, mitigation of loss
- contract of carriage , , –,
- contract of delegation
- contract of indemnity , , ,
- contract price ,
- contracting out
- contractors , , , , , , ,
- contributory negligence
- Corporation of Lloyd's see also Lloyd's
- crew , , ,
- cricket , ,
- criminal/civil charges pending, moral hazard –, –
- criminal records , ,
- cross-liabilities
- CTL see constructive total loss (CTL)
- currency
- custom , , , ,
- customs/customs authorities , ,
- damage
- damages , , , , ,
- deaths/loss of life ,
- debt , , , ,
- debtors , ,
- decisive influence test –
- deductibles, reinsurance –
- defeasible interest
- delay –
- delegation, contract of
- demise charter , , ,
- demurrage , see also freight, demurrage and defence (FD & D)
- depreciation , , , ,
- deprivation of possession of ship or goods –
- ‘derelict’
- designated loss payees –
- design defects ,
- destruction of subject matter –
- deviation , –, ,
- ‘direct insurance’ , , –,
- disclosure, duty of see duty of disclosure; facts not needing disclosure
- ‘discoverability test’
- dishonesty
- documentation/insurance documentation , ,
- double insurance ,
- double recovery ,
- dredgers/dredging , –
- drydocking ,
- due diligence, insured perils
- duty of disclosure
- duty of good faith
- breach, waiver of remedy for –
- burden of proof
- common law
- conclusions
- disclosure of material facts
- duration –
- fraudulent claims, link with –
- inducement –
- of insurers –
- materiality/material facts –
- misrepresentation –
- obligations in subrogation –
- post-contractual –
- remedy for breach , –, –
- utmost good faith, duty in reinsurance –
- ejusdem generis (of same kind) rule
- electronic mail, agreement reached via –
- endorsement slip
- energy risks open cover (77 cover)
- equitable
- equitable lien , , –
- equity, assignment in –
- excess of loss treaty ,
- expectation interest –
- expense(s) , , ,
- experts , , ,
- expert witnesses
- explosions, insured perils –
- express waiver –, , –
- express warranty –,
- facts not needing disclosure see also duty of disclosure
- facultative cover
- facultative obligatory cover
- faute lourde (gross negligence) ,
- Financial Conduct Authority (FCA)
- fire, insured perils ,
- fish/fishing , , ,
- floating policies –
- floods , , ,
- following underwriters , , –, –
- ‘follow-the-settlements' clauses (US contracts) see also reinsurance
- formal policies
- fortuity –
- fraud
- fraudulent claims
- fraudulent means and devices , –
- free from particular average’
- free of particular average (fpa)
- ‘free use and disposal' (ship and goods) , ,
- freight
- freight, demurrage and defence (FD & D)
- fronting
- fruit ,
- fuel , ,
- full disclosure , –
- future claims –
- general average , ,
- general average contributions , , , , ,
- general average loss , ,
- general average sacrifice , ,
- general lien –
- General Underwriters Agreement (GUA) –
- gifts (voluntary payments) –
- gloves (leather)
- gold bullion
- good faith see duty of good faith
- goods
- ‘goods in trust’
- gross negligence ,
- ‘gross proceeds’
- ‘gross value’
- group insurance, remedies for fraudulent claims –
- guards
- Hampshire Land principle ,
- ‘held covered' clauses, warranties –
- hemp ,
- hides , , –
- hold harmless warranty
- hull and cargo clauses, insured perils under
- hull and machinery insurance , , , , , , , , , , , , ,
- hull and machinery port risks
- ‘hull open cover’
- hurricanes , , ,
- illegality, effect –
- implied terms reinsurance –
- implied waiver –
- implied warranty –, , , , , ,
- ‘in account' basis
- Inchmaree clause – see also hull and cargo clauses
- increased risk test –
- increased value policy (subrogation) –
- indemnity see also professional indemnity insurance; protection and indemnity (P&I) clubs
- indemnity, contract of see contract of indemnity
- inducement –
- inherent vice –
- injuries see personal injury
- innocent misrepresentation
- innominate term ,
- insolvency , , , , ,
- in specie , , , ,
- Institute Cargo Clauses (A, B and C) , , , , see also Cargo Clauses
- Institute of London Underwriters (ILU) , ,
- insurable interest
- bailee
- and casualties
- contingent
- date for –
- defeasible
- definition –
- expectation –
- freight –
- insurable interest bill
- ‘as interest might appear thereafter’
- interest or no interest –
- legislation , –
- marine insurance contract
- mortgagor and mortgagee –
- ordinary creditor –
- ownership
- partial
- pervasive –,
- profit
- shareholder –
- and shipowners –,
- types –
- valuable benefit –
- valued policy
- wagering contracts –,
- ‘insurable property’ , , ,
- insurable value , , –, , , , ,
- insurance
- Insurance Act 2015
- insurance conditions , ,
- insurance contracts see also premium
- insurance courts
- insurance law, mitigation of loss
- insurance market , , , ,
- ‘insurance rent’
- insured perils – see also causation
- insured value –
- insurers
- account adjustment between broker and insurer –
- actual insurer, focus on in inducement –
- duty not to prejudice rights of assured
- duty of good faith –
- good faith, acting in (not to prejudice insurers' subrogation rights) –
- information waived by
- knowledge of –
- obligations of, in subrogation –
- proof of reinsured's liability in claims against reinsurers –
- rights in subrogation see insurer's rights in subrogation
- right to defend claim
- subrogation rights
- insurer's rights in subrogation see also insurers
- ‘interest or no [insurable] interest’ , –,
- International Hull Clauses 2003 , , , ,
- international law (jure gentium)
- International Maritime Organisation
- International Safety Management (ISM)
- International Underwriting Association of London (IUA, 1999-) , ,
- invoice value –, ,
- iron/iron ore , ,
- irretrievable deprivation –
- jettison , ,
- joint insurance ,
- joint-stock companies
- joint ventures ,
- jurisdiction clauses –
- lake, insurance contract –
- land and sea, insurance contract –
- land conveyance
- landlords
- latent defect
- Law Commissions , , , , ,
- law of agency
- Law of Property Act 1925 (LPA) –
- layers, insurance in –
- leading underwriter (L/U) , ,
- leading underwriter (L/U) clause –
- leather , ,
- legal liability , ,
- ‘legal thing in action’ ,
- legislation , – see also Insurance Act 2015; Law of Property Act 1925; Marine Insurance Act (MIA) 1906
- letter of subrogation
- liability insurance , , , , , ,
- lien brokers' lien; equitable lien
- life insurance , ,
- lightermen
- ‘line’ , , ,
- lineslip
- linseed ,
- liquefied gas see also oil and gas sector Lloyd' s
- Lloyd's Boxes , ,
- Lloyd's brokers ,
- Lloyd's Claims Scheme (Combined)
- Lloyd's List (1734-) , ,
- Lloyd's Market –,
- Lloyd's of London –
- Lloyd's Policy Signing Office
- Lloyd's Syndicates , , , , ,
- Lloyd's Underwriters Association
- London Assurance Corporation ,
- London Company Market , ,
- London Insurance and Reinsurance Market Association (LIRMA) ,
- London Market , , , , , , ,
- London Market Association
- London Market Brokers' Committee
- London Processing Centre (LPC)
- loss see also ‘loss or misfortune’
- ‘absolute total loss’
- actual total loss see actual total loss (ATL)
- additional cover, hull or machinery –
- apprehension of –
- assignment before or after –
- assured as party who has suffered loss but also party responsible for that loss
- averting/minimizing loss otherwise covered by terms of policy
- business interruption losses
- constructive total loss see constructive total loss (CTL)
- excess of loss treaty ,
- existence of duty to mitigate in insurance –
- extent necessary to show possibility of loss
- general average loss , ,
- of life see deaths/loss of life
- mitigation of
- reinsurance –
- sue and labour clauses –
- time of ,
- ‘total loss only’ , ,
- unrepaired partial loss
- of vessel
- terms not relevant to loss –,
- loss adjusters ,
- loss experience , , ,
- loss-minimisation –
- loss of hire marine policy
- ‘loss or misfortune’ –,
- machinery , , , , see also hull and machinery insurance
- managing agent –,
- MAR (91) form
- ‘marine adventure’ , , ,
- Marine Insurance Act (MIA) 1906 – see also floating policies; marine insurance contract
- assignment under
- and contract of marine insurance
- facultative obligatory cover
- First Schedule
- floating policies
- key issues
- marine insurance contract –
- open cover, obligatory –
- protection and indemnity (P&I) clubs
- remedies under
- SG policy (1779–1982)
- unvalued policy
- valued policy –
- voyage and time policies
- marine insurance contract –, , , , , , see also reinsurance contract
- Marine Insurance (Gambling Policies) Act 1909 ,
- marine insurance law ,
- marine perils , , – see also causation and marine perils
- maritime perils
- Market Reform Contract (MRC, 2007-)
- market value , , , , , see also partial loss
- master (‘captain,' ‘skipper')
- master's effects
- material facts –
- materiality
- measure of indemnity, partial loss
- meat
- mere influence test –, ,
- metal fatigue ,
- mines
- misrepresentation –
- mitigation of loss see also loss;
- sue and labour clauses contract law
- moisture , , ,
- moral hazard
- mortgagor and mortgagee –
- mutual insurance , ,
- mutual insurance associations (MIAs)
- natural disasters see hurricanes; storms; typhoons
- negligence see also contributory negligence; tort
- non-consumer (business) insurance , , , see also consumer insurance
- non-disclosure , , , , , , , , see also duty of disclosure; facts not needing disclosure; misrepresentation
- notice of abandonment –
- oats
- obligatory open cover –
- Oceaneering risk
- officers, barratry
- oil and gas sector , see also liquefied gas
- online information
- open cover , , , , ,
- Open Market Placement
- open policy ,
- ordinary creditor –
- Original Person
- original slip ,
- overvaluation, moral hazard
- ownership, insurable interest
- palm oil
- partial insurance ,
- partial interest ,
- partial loss see also particular average loss
- particular average loss , , ,
- passengers , , , ,
- perils
- insured see insured perils
- of the seas see perils of the seas
- perils of the seas –
- perishable goods ,
- Permanent Total Disability (PTD)
- Personal Accident Insurance
- personal injury , , ,
- pervasive interest –,
- physical hazard –
- pilots , , ,
- piracy , , –
- placing brokers , –
- portable heating appliances (PHAs)
- port of refuge ,
- ports, characteristics
- port state controls (PSC) ,
- possessory lien –
- post-contractual duties (brokers) –
- power of attorney
- ppi policies
- pre-contractual duties (brokers) –
- premium
- adjusted premium clauses
- amount –
- broker's cancellation clause
- common law , ,
- composite insurance ,
- consequences of non-payment –
- custom (or fiction) –
- and debt , , , , , ,
- due date –
- effect of receipt on policy –
- exclusion of custom –
- freight, demurrage and defence (FD&D)
- increase in, as remedy for breach
- indivisible –
- non-payment –, –
- payment warranty –
- premium warranty clause
- return see return of premium
- premium warranty clause
- present claims –
- previous loss experiences –
- principle of average
- privity, warranties of sea worthiness –
- producing brokers , –
- professional indemnity insurance , ,
- profit , , , ,
- ‘profits insurance’
- promissory estoppel , , , , see also waiver by estoppel
- promissory warranty , ,
- property
- abandonment ,
- actual total loss , , , , ,
- commercial management
- constructive total loss , , , , ,
- damage to , , ,
- and fraud ,
- insurable , ,
- insurable interest , , , , , –
- ‘insurable property’ , ,
- Insured perils , , ,
- legal
- ownership , ,
- reinsurance
- subrogation , –, , ,
- sue and labour clauses ,
- transfer
- property consultancy services
- pro rata itineris
- protection and indemnity (P&I) clubs –
- proximate cause. see under causation
- public law
- public policy , , , ,
- pumps
- qualified follow-the-settlements clause, reinsurance –
- ‘qualifying breach’ ,
- quantum meruit, sue and labour clauses –
- question of fact/matter of fact , ,
- railways , ,
- ransom see also capture
- rats ,
- ‘reasonable depreciation’ , ,
- reasonable skill and care (duties of brokers) see also brokers
- recovery unlikely
- reforms see also Market Reform Contract (MRC, 2007)
- reinsurance
- back-to-back cover –
- bonafide settlements –
- claims control clauses
- claims co-operation clauses ,
- claims provisions –
- construction of claims provisions
- deductibles, assessing –
- definition –
- express statement of the remedy
- fair presentation of risk, duty of
- loss, assessing ,
- non-proportional
- parties
- proof of reinsured's liability in claims against reinsurers –
- qualified follow-the-settlements clause –
- relationship between follow-the-settlements and claims clauses –
- remedy and waiver
- risk falling within cover –
- types –
- utmost good faith, duty of –
- Wasa v Lexington test –
- ‘within the terms of original insurance' (qualified follow-the-settlements clause) –
- wordings, qualified follow-the-settlements clause –
- reinsurance contract
- reinsured, contributory negligence –
- remedies see also misrepresentation
- rent , ,
- repaired value , , , ,
- repairs see also damage
- repudiation of contract
- ‘respondentia’
- retrocessionaire , ,
- retrocession (re-insurance of re-insurance) , , , ,
- return of premium –
- rice , , , , , ,
- right of election
- riots ,
- risks
- river, insurance contract –
- Royal Exchange Assurance Corporation ,
- rule of law , , , , , , , ,
- rumours, moral hazard
- safe port warranty
- salvage , ,
- Salvage Association (SA) ,
- Salvage expenses ,
- Salvors , , ,
- Scor test
- ‘scratching’ , ,
- scuttling of vessel , ,
- ‘sea’
- sea perils , see also causation and marine perils
- seawater entry –
- seaworthiness see also unseaworthiness
- Service of Suit clause
- SG form , ,
- SG policy (1779–1982)
- shafts ,
- shareholder –
- Sherlock Holmes' exception
- shipbuilders/shipbuilding ,
- shipowners , , , , , ,
- ship's papers ,
- ships/shipping
- signing down , ,
- ‘Signing Provisions’ , ,
- sinkings , , , , see also wrecks
- skin allergies
- slaves ,
- slip policy , ,
- slips
- Somali pirates ,
- South Sea Company
- soya beans ,
- specific lien , –
- spudcans
- ‘standing by’
- Statutory lien
- Stern frame
- storms , , , , , ,
- sub-contractors , ,
- subject matter insured see also insurable interest
- assured irretrievably deprived of insured subject matter –,
- destruction of
- inability to withstand the ordinary conditions of voyage
- insurable interest
- reasonably abandoned because it could not be preserved from actual total loss without expenditure exceeding value when occurring
- reasonably abandoned on account of its actual total loss appearing unavoidable
- so damaged as to cease to be a thing of the kind insured –
- submarines
- subrogation
- and abandonment –
- action against co-assured –
- assured as party who has suffered loss but also party responsible for that loss
- circuity –
- composite insurance ,
- construction of underlying contract –
- contract of indemnity , , ,
- contribution
- costs of proceedings against third party –
- damages , ,
- definition –
- duty of insurer not to prejudice rights of assured
- effect –
- elements
- gifts (voluntary payments) –
- implied term in underlying contract –
- increased value policy –
- insurance in layers –
- insurer's rights –
- juridical basis –
- letter of subrogation
- limitations –
- obligations of assured and insurer –
- payment by insurer not fully indemnifying assured
- permission to use assured's name by insurer
- recovery from third party ,
- and total loss , ,
- valued policy , , , , –,
- waiver –
- subscription market , ,
- ‘subsequent declaration’
- Subsequent total loss ,
- successive losses
- sue and labour clauses see also expense(s)
- apportionment principle –
- averting/minimizing loss otherwise covered by terms of policy ,
- character –
- charges –
- and crew , , –
- duration of duty to sue and labour –
- duty to mitigate in non-marine insurance –
- existence of duty to mitigate in insurance –
- illegality, effect –
- loss, apprehension of –
- mitigation of loss
- purpose –
- quantum meruit –
- ransom –
- reasonably incurred in or about defence, safe guarding or recovery of subject matter insured –
- unusual or extraordinary/result of unusual or extraordinary labour
- whether or not supplementary –
- sugar , , ,
- sunken rocks ,
- surveyors , , , , , , , ,
- TBE (to be entered)
- Temporary Total Disability (TTD)
- tenants
- termination , , , , ,
- third parties
- timber , ,
- time
- time charters ,
- time policies , , –, , , , ,
- tort , , , see also negligence
- total loss see also actual total loss (ATL); constructive total loss (CTL)
- total loss only , ,
- towage , , , –,
- transhipment
- treaty mechanism
- true construction doctrine , , , ,
- tugs ,
- typhoons
- underlying contract
- underwriters see also General Underwriters Agreement (GUA); Institute of London Underwriters (ILU)
- unilateral offer –
- unrepaired partial loss
- unrepaired vessels –
- unseaworthiness –, , , , , – see also seaworthiness
- unvalued policy , , ,
- utmost good faith see duty of good faith
- valuable benefit –
- valued hull insurance
- valued policy –, , , ,
- variations
- ventilation
- voyage
- voyage policy
- wagering contracts –, ,
- wager policies
- waiver
- waiver argument , –, ,
- waiver by affirmation –
- waiver by election ,
- waiver by estoppel –, –
- warehouses
- warnings ,
- warranties , ,
- basis of the contract clauses –
- and breach of contract
- and casualties , ,
- common law , , ,
- construction –
- contracting out of IA 2015
- creation ,
- and crew , –, , , , ,
- definition –
- difference from conditions
- express –, –
- ‘held covered' clauses –
- Implied –,
- premium payment –
- present and continuing –
- terms define the risk as a whole –
- risk mitigating terms and s. 11(3) –
- storms , , ,
- strict compliance –
- terms not relevant to the actual loss –
- typhoons ,
- waiver
- warranties of seaworthiness see also seaworthiness; unseaworthiness
- war risks , , , , , , , ,
- War Risk Trading Warranties
- watches , ,
- wear and tear –
- weather conditions see hurricanes; storms; typhoons
- wind and waves (ordinary action) –
- within reasonable time
- wrecks , , , , see also sinkings
- yachts , ,