The Function Of Protection Indemnity Marine Insurance In Relation To Ship Owner S Liability For Cargo Claims

Author : Joseph Tshilomb JK, LLM;MSc
Publisher : AuthorHouse
ISBN 13 : 1524628840
Total Pages : 109 pages
Book Rating : 4.40/5 ( download)

DOWNLOAD NOW!

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.

Author : Muhammad Masum Billah
Publisher : Springer Science & Business Media
ISBN 13 : 331903488X
Total Pages : 330 pages
Book Rating : 4.81/5 ( download)

DOWNLOAD NOW!

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.

Author :
Publisher : American Bar Association
ISBN 13 :
Total Pages : 148 pages
Book Rating : 4.71/5 ( download)

DOWNLOAD NOW!

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:

Author : United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Maritime Affairs
Publisher :
ISBN 13 :
Total Pages : 148 pages
Book Rating : 4.95/5 ( download)

DOWNLOAD NOW!

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 148 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : William Benecke
Publisher :
ISBN 13 :
Total Pages : 536 pages
Book Rating : 4.48/5 ( download)

DOWNLOAD NOW!

Download or read book A Treatise on the Principles of Indemnity in Marine Insurance, Bottomry and Respondentia written by William Benecke and published by . This book was released on 1824 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Victor Dover
Publisher :
ISBN 13 :
Total Pages : 414 pages
Book Rating : 4.89/5 ( download)

DOWNLOAD NOW!

Download or read book A Handbook to Marine Insurance written by Victor Dover and published by . This book was released on 1924 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Howard B. Hurd
Publisher :
ISBN 13 :
Total Pages : 198 pages
Book Rating : 4.30/5 ( download)

DOWNLOAD NOW!

Download or read book The Law and Practice of Marine Insurance written by Howard B. Hurd and published by . This book was released on 1930 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : N. G. Hudson
Publisher : Lloyd's of London Press Limited
ISBN 13 :
Total Pages : 124 pages
Book Rating : 4.22/5 ( download)

DOWNLOAD NOW!

Download or read book Marine Claims Handbook written by N. G. Hudson and published by Lloyd's of London Press Limited. This book was released on 1984 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous edition, 3rd, published in 1980.

Author : Kyriaki Noussia
Publisher : Springer Science & Business Media
ISBN 13 : 3540490744
Total Pages : 307 pages
Book Rating : 4.46/5 ( download)

DOWNLOAD NOW!

Download or read book The Principle of Indemnity in Marine Insurance Contracts written by Kyriaki Noussia and published by Springer Science & Business Media. This book was released on 2007-08-06 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses legal issues related to the principle of indemnity in marine insurance contracts as well as disputes that may arise in a representative sample of common and continental law jurisdictions. It offers a comparative examination of Australian, English, Canadian, French, Greek, Norwegian and U.S. law. It examines the scope for a legal reform and the potential of achieving a better, more flexible, and modern indemnification regime.

Author : N. Geoffrey Hudson
Publisher : Informa Law from Routledge
ISBN 13 :
Total Pages : 156 pages
Book Rating : 4.40/5 ( download)

DOWNLOAD NOW!

Download or read book Marine Claims Handbook written by N. Geoffrey Hudson and published by Informa Law from Routledge. This book was released on 1996 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: GUide to the principles of marine insurance claims