Marine Insurance: Law and Practice, Second Edition, continues to provide the most comprehensive and integrated account of the English law and practice of marine insurance. It provides readers with a fresh and up-to-date review of the modern law in the light of traditional principles and rules of underlying commercial law, and the specific statutory rules of marine insurance as interpreted by case law, as moderated in practice by market practices and standard form marine insurance clauses. Francis Rose clarifies the law s underlying framework of principles and illustrates how it works in common contractual situations, explaining how the different components of the law interact.

The new edition has been updated to incorporate:

the most recent case law: there have been some very important judgments handed down since the book first published, including: The Cendor MOP, The Silva, The Resolute and The Marina Iris
the implications of the introduction of: Institute Cargo Clauses 2009, the effect of the Gambling Act 2005 and the Third Parties (Rights Against Insurers) Act 2010 Law Commission reform proposals

The book explores in detail the following areas:

the nature of insurance
insurable interest
the insurance contract
the premium
insured risks
marine risks
exclusions
losses
claims
subrogation
double insurance

The Catastrophe Obligation Guarantee Act, introduced in Congress in 2009, would authorize the federal government to provide committed loan guarantees to qualified state catastrophe-insurance programs. Proponents argue that lower-cost catastrophe insurance could reduce federal disaster-assistance expenditures. This report estimates the law's potential effects in California.

No-fault regimes, a formerly popular alternative to the tort compensation system for auto-accident victims, have gradually lost support. Over time, premiums and claim costs have grown in no-fault states relative to other states, primarily driven by explosive medical cost increases. No-fault and tort states have also converged across many domains affecting costs, including excess claiming, litigation patterns, and noneconomic-damage payments.

Section 215 of the FACT Act (FACTA)1 requires the Federal Trade Commission (FTC or the Commission) and the Federal Reserve Board (FRB), in consultation with the Department of Housing and Urban Development, to study whether credit scores and credit-based insurance scores affect the availability and affordability of consumer credit, as well as automobile and homeowners insurance. FACTA also directs the agencies to assess and report on how these scores are calculated and used; their effects on consumers, specifically their impact on certain groups of consumers, such as low-income consumers, racial and ethnic minority consumers, etc.; and whether alternative scoring models could be developed that would predict risk in a manner comparable to current models but have smaller differences in scores between different groups of consumers. The Commission issues this report to address credit-based insurance scores primarily in the context of automobile insurance. Credit-based insurance scores, like credit scores, are numerical summaries of consumers' credit histories. Credit-based insurance scores typically are calculated using information about past delinquencies or information on the public record (eg: bankruptcies); debt ratios (i.e., how close a consumer is to his or her credit limit); evidence of seeking new credit (e.g., inquiries and new accounts); the length and age of credit history; and the use of certain types of credit (e.g., automobile loans).

The Institute of International Shipping and Trade Law held a symposium in July 2008 at Lloyd's of London on the Law Commissions' Reform Proposals on Marine and Commercial Insurance. Reforming Marine and Commercial Insurance Law is based on thought provoking discussions at the symposium. The book provides a comprehensive, coherent, and practical legal analysis of the work currently undertaken by the English and Scottish Law Commissions with a view to reforming the current legal regime. Written by a team of experts from the legal profession, insurance market, and academia, the book offers a critical discussion on the legal and practical implications of planned law reform in this area. Table of contents include: Reforming Pre-contractual Information Duties of the Assured: A Case against the Reform Reforming Pre-contractual Information Duties of the Assured: A Case for the Reform Reforming Pre-contractual Information Duties of the Intermediaries of the Assured Reforming Pre-contractu

Construction Insurance and UK Construction Contracts has long been the premier text for legal professionals looking for a combined analysis of construction contracts and their relation to insurance law. In a new and updated third edition, this book continues to provide in-depth commentary and pragmatic advice on all the most important regulations and policies surrounding contracts and insurance in the construction industry. This book covers subjects such as: Minor, intermediate and major project construction contracts Classes of insurance contract The role of insurance brokers Risks in construction and legal liability Professional indemnity insurance and directors' and officers' liability insurance Bonds and insurance Latent defect insurance Property insurance Health and Safety and Construction Regulations Contract Insurance FIDIC, JCT and NEC 3 regulations PFI/PPP projects in the UK Dispute resolution This book is a vital reference tool and practical guide for lawyers and in-house counsels involved in the construction industry as well as project managers, quantity surveyors, construction contractors, architects and engineers needing advice from an experienced legal perspective.

Currency fluctuation, currency wars and even potential currency collapse (the Euro, the Bitcoin) are all risks that commercial parties must consider and guard against. This book gathers together in one volume all the information and advice practitioners are likely to need when advising on, advancing or defending claims involving a foreign currency element. The determination of the proper currency (or currencies) of a claim often has a dramatic effect on the level of a court judgment or arbitration award that is ultimately obtained. It is, therefore, vital for practitioners to accurately assess claims which involve a foreign currency element. The authors guide the reader through the legal principles governing how foreign currency claims are treated in English law. The book covers both the treatment of foreign currency in substantive law as well as such procedural matters as how to claim interest correctly on a foreign currency claim and how to plead, prove or disprove the applicability of a particular currency. This book is an invaluable and essential resource for all lawyers involved in international commerce, but will be of particular interest to those engaged in international finance, commodity transactions, international shipping and transport, and the insurance of assets and liabilities abroad. "Those who practise in this country need guidance in navigating the tricky waters that The Despina R unleashed. This excellent book provides that guidance." The authors "have been uniquely well placed to meet the challenge of analysing what is a perplexing body of jurisprudence, and to suggest principled answers to currency issues that have not yet been the subject of judicial decision. They consider not merely claims in contract and tort, but every type of claim that might raise an issue in relation to a foreign currency." The Rt Hon. The Lord Phillips of Worth Matravers, KG, PC, President of the Supreme Court of the United Kingdom, 2009-2012

This book examines policy developments that have been occurring in the field of financial regulation and their implications for the insurance industry and markets. With UK and US contributors from academia and legal practice, this book will be essential reading for policy-makers, insurance regulators, insurance and legal professionals as well as students and academics researching and studying insurance law.

This topical and accessible work analyses the deposit protection and bank resolution regimes in the EU and UK. The book examines key amendments to the regulatory framework post crisis, such as the Bank Recovery and Resolution Directive, and the impact of these changes on banks, legal practitioners and regulators. The book provides an assessment of current deposit protection schemes and insurance in the context of financial stability, and highlights the UK regime's limitations in relation to the US and EU systems, and possible areas for reform. All issues relating to deposit protection schemes are covered, providing a comprehensive analysis and comparison between the UK, EU and US regimes. Most importantly, a novel approach is followed, which addresses the much discussed objective of financial stability from a different perspective: by enhancing and focusing on depositor protection.

This book provides a comprehensive and coherent legal analysis of the impact of fraud on the position of various parties to a marine insurance contract, as well as the cover provided by standard marine policies. The issues under discussion in this invaluable guide are also equally relevant in the context of non-marine insurance contracts. Helpfully divided into two parts; the first part deals with the impact of fraud committed by parties to an insurance contract i.e. the assured, brokers and insurers.The second part analyses the extent to which standard marine policies cover the fraudulent and dishonest activity of third parties to an insurance contract. This book will be of huge practical assistant to practitioners specialising in marine insurance as well as insurance generally, and to professionals, academics and post-graduate students.

In recent years a number of global brands in the automotive, food, toy and consumer goods sectors have suffered following (badly handled) product recalls. Their brands have been damaged and they have suffered significant loss of revenue and market share. In an age when images of defective products spread around the globe in minutes, it is more important than ever for producers to be aware of their legal obligations when recalling products. It is also imperative that they have crisis management processes in place before a recall is initiated, if they are to avoid the common pitfalls. The possible criminal prosecution of directors who fail to meet their obligations adds intensity to the boardroom focus on this area. The often significant costs associated with recalls have led to the growth of insurance as a means of transferring the risk. Across jurisdictions, there are significant differences in the law and practice relating to product safety regulation, recall and liability. This is reflected in the different forms of insurance available for the range of exposures that can arise from products. Featuring chapters from Uria Menendez, Norton Rose and Minter Ellison, this first edition covers key issues that can arise in relation to product regulation, recall, liability and insurance coverage in a number of jurisdictions in Europe, North America, South America and Asia. Whether you are a director or risk manager of a producer, distributor or retailer of products, or a lawyer or insurance professional, this guide is an essential tool. It is unique in detailing the different recall obligations and underlying liability issues of companies in jurisdictions around the world, as well as analysing the different insurance covers available for the sector-specific range of product exposures.

The Compendium of Insurance Law consolidates diverse insurance law sources, statutes and codes of practice in one comprehensive volume. Each piece of legislation is supplemented by detailed annotations, which explain the operation and relationship of the legislation with other sources of insurance law. The book is filled with comprehensive coverage of legislation relating to the following areas: regulation, reinsurance, life assurance, property insurance, marine insurance, liability insurance, motor insurance, insurance intermediaries, insurance contracts and competition.

Ein Versicherungsgruppenunternehmen hat die Anforderung an die Geschaftsorganisation nach dem Versicherungsaufsichtsgesetz umzusetzen. In der Versicherungswirtschaft wird aufgrund dieser Regulierung nach dem Aufsichtsgesetz die Frage gestellt, wie diese Versicherungsgruppen tatsachlich reguliert werden koennen - sowohl um die Versicherungsnehmer vor der Ansteckungsgefahr auf der Gruppenebene zu schutzen als auch die Stabilitat des Finanzmarkts zu sichern. Zur Verwirklichung dieser Ziele muss man ein Problem des Spannungsverhaltnisses zwischen dem Gesellschaftsrecht und dem Aufsichtsgesetz loesen. Dafur wurde die rechtsvergleichende Untersuchung in diesem Buch durchgefuhrt.

Now it its second edition, this book is an authoritative and comprehensive review on all aspects of the law that relate to liability insurance contracts. It aims to cover the all the major types of liability insurance, not just professional indemnity insurance, and presents the issues according to the general principles of contract law. Updated to include the impact of the Insurance Act 2015, the book takes a comparative view of the law, tailored to those professionals operating in a global economy, as well as academics and post-graduate students.