| Marine
insurance law |
| Section A: The contract
of marine insurance |
| ·
The nature of a marine insurance contract |
| ·
The Marine Insurance Act 1906 |
| ·
The requirement of insurable interest |
| ·
Wagering and gaming contracts |
| ·
The formation of a marine insurance contract
|
| ·
The construction of a marine insurance contract
|
| ·
The policy |
| ·
Types of marine insurance policies (time/voyage
policies; floating policies/open covers; valued/unvalued policies;
composite/joint policies) |
| ·
The assignment of rights under a marine insurance
policy |
| Section B: The doctrine
of Uberrimae Fidei and insurance contracts |
| ·
Nature of the duty of utmost good faith |
| ·
The assured's pre-contractual duty of good faith:
misrepresentation and non-disclosure |
| ·
The assured's post-contractual duty of good faith
and the duty in respect of claims |
| ·
The insurer's duty |
| ·
Remedies |
| ·
The role of the broker |
| Section C: The terms of
the contract; risks; and causation |
·
Terms:
- Premium
- The assured and the subject matter of the insurance
- The attachment, duration, alteration and termination of the
insured risk (including change of voyage, deviation and delay)
- Warranties (express and implied)
- Conditions and other terms
- The Institute Clauses |
·
Risks:
- Marine risks
- War risks
- Excepted risks |
| ·
Causation |
| ·
Burden of proof |
| ·
The sue and labour clause (mitigation of loss)
|
| Section D: Indemnity,
subrogation and contribution |
| ·
The principle of indemnity |
·
The measure of indemnity:
- Partial loss
- Actual total loss
- Constructive total loss |
| ·
Insurers’ right of subrogation upon payment |
| ·
Contribution between multiple underwriters |
| ·
Third parties’ rights against insurers |
Sequence:
The sections must be attempted in order. |
Textbooks:
Susan Hodges, Law of Marine Insurance (London:
Cavendish Publishing, 1996), ISBN: 9781859412275
Susan Hodges and Roy Carlile, Cases and Materials on
Marine Insurance Law (London: Cavendish Publishing, 1999),
ISBN: 9781859414385 |
