Özlem Gürses - Böcker

Marine Insurance Law introduces and clearly explains all topics covered in undergraduate and postgraduate-level courses, offering students and those new to the area a comprehensive and accessible overview of this important topic in maritime law.Observing the general principles of the subject and structure and formation of insurance contracts, this text goes on to look at individual considerations in detail, including the duty of utmost good faith/fair presentation of the risk, insurable interest, terms of insurance contracts, warranties and conditions, brokers, the premium, causation and marine perils, losses, sue and labour, subrogation, fraudulent claims, and reinsurance. The third edition has been fully updated and expanded to cover additional pre-Marine Insurance Act 1906 (MIA 1906) cases, as well as the implications of the Insurance Act 2015 on the duty of fair presentation of the risk in business insurance and on the remedy for breach of a warranty. The reader will also read about the emphasis placed by the UK Supreme Court on the construction of s. 55 of the MIA 1906, and the challenges faced in respect of claims for a constructive total loss of the subject matter insured, which are especially current at the time the book is being prepared for its publication.This textbook is the ideal companion for any student, academic, and practitioner wishing to study the subject and to explore more detailed information on the principles of marine insurance law.

The Law of Compulsory Motor Vehicle Insurance covers motor vehicle compulsory liability insurance in a broad context by putting emphasis on the fundamental principles unique to this type of insurance, their operation together with the general principles of law, and the interventions of the relevant EU Directives and CJEU decisions.The law regarding motor vehicle liability insurance is ever-evolving, fast-developing and offering more intellectual challenges as the disputes vary every day. This book examines the principles applicable in this area of law by studying the grounds where the rules derive from and their continuing developments over decades at both domestic and EU levels. Whilst doing so it also discusses whether the sources of the current applicable law, in several different motor vehicle compulsory insurance related issues, are in line with each other. The book also presents careful analyses of the interplay between the different sources of law, detailed discussions on what the law should be in order to provide consistency amongst the rules and principles identified, and how solutions to newly emerging issues can be found. The regime applicable in this area is overcomplex. This book will be valuable reading for any lawyer, whether academic, practitioner or student who would like to understand the insurance cover required for compulsory motor vehicle third party liability insurance together with the rationale for adopting such rules and their interpretation by the Courts.

Marine Insurance Law introduces and clearly explains all topics covered in undergraduate and postgraduate-level courses, offering students and those new to the area a comprehensive and accessible overview of this important topic in maritime law.Observing the general principles of the subject and structure and formation of insurance contracts, this text goes on to look at individual considerations in detail, including the duty of utmost good faith/fair presentation of the risk, insurable interest, terms of insurance contracts, warranties and conditions, brokers, the premium, causation and marine perils, losses, sue and labour, subrogation, fraudulent claims, and reinsurance. The third edition has been fully updated and expanded to cover additional pre-Marine Insurance Act 1906 (MIA 1906) cases, as well as the implications of the Insurance Act 2015 on the duty of fair presentation of the risk in business insurance and on the remedy for breach of a warranty. The reader will also read about the emphasis placed by the UK Supreme Court on the construction of s. 55 of the MIA 1906, and the challenges faced in respect of claims for a constructive total loss of the subject matter insured, which are especially current at the time the book is being prepared for its publication.This textbook is the ideal companion for any student, academic, and practitioner wishing to study the subject and to explore more detailed information on the principles of marine insurance law.

Reinsuring Clauses provides a comparative English/US law study of the full reinsurance clause (as original and follow the settlements/follow the fortunes) and the related matters.The reinsured’s burden of proof of loss in its claim against the reinsurers is often contentious, and there are regular arbitrations and judicial proceedings in the leading common law jurisdictions to which this book will be relevant. The book concerns the legal nature of reinsurance agreements, the means by which terms of reinsurance policies can be derived or incorporated from underlying insurances, the effect on judgments, arbitration awards, and settlements on reinsured’s claims against reinsurers, variations of the follow the settlements clauses, reinsured’s post-settlement allocation of loss in a claim against reinsurers, and the operation of claims provisions. This second edition updates and expands on the content, including a chapter on different types of reinsurance, formation of reinsurance contracts, cut-through clauses, and aggregation clauses. Developments integrated include the presumption of back-to-back cover applied to non-proportionate reinsurance, the meaning of first loss reinsurance explained by the courts, and Section 13A being added to the Insurance Act 2015.The readership for this book will include insurance and reinsurance practitioners, brokers, students studying insurance and reinsurance law, and academics in this field.

The Law of Compulsory Motor Vehicle Insurance covers motor vehicle compulsory liability insurance in a broad context by putting emphasis on the fundamental principles unique to this type of insurance, their operation together with the general principles of law, and the interventions of the relevant EU Directives and CJEU decisions.The law regarding motor vehicle liability insurance is ever-evolving, fast-developing and offering more intellectual challenges as the disputes vary every day. This book examines the principles applicable in this area of law by studying the grounds where the rules derive from and their continuing developments over decades at both domestic and EU levels. Whilst doing so it also discusses whether the sources of the current applicable law, in several different motor vehicle compulsory insurance related issues, are in line with each other. The book also presents careful analyses of the interplay between the different sources of law, detailed discussions on what the law should be in order to provide consistency amongst the rules and principles identified, and how solutions to newly emerging issues can be found. The regime applicable in this area is overcomplex. This book will be valuable reading for any lawyer, whether academic, practitioner or student who would like to understand the insurance cover required for compulsory motor vehicle third party liability insurance together with the rationale for adopting such rules and their interpretation by the Courts.

This book brings together leading experts in the fields of insurance and the law of obligations to consider how insurance law is attempting to deal with emerging risks. Emerging risks pose significant challenges for the insurance industry. Apart from difficulties in quantifying such risks, the availability of insurance capacity is often a concern. The book looks at these issues from philosophical, economic and actuarial perspectives. It asks how far existing private law rules can cope with emerging risks, and in so far as they cannot, how the law should be developed by courts and lawmakers to deal with the emerging legal issues. The book questions the suitability of the current insurance business models in insuring climate-related risks, autonomous systems, insurance of fines and penalties; as well as how mass or systemic risks (eg pandemics or cyber risks) can be made insurable through ‘add on’ coverages to the conventional insurance policies. It also evaluates governments' roles to encourage insurers to provide cover for such risks and discusses how a balance can be struck between the need to regulate and the insurance markets' dynamics. The book will be of academic interest to anyone working in the field of insurance and also relevant for market participants, policy-makers and regulators.

This book brings together leading experts in the fields of insurance and the law of obligations to consider how insurance law is attempting to deal with emerging risks. Emerging risks pose significant challenges for the insurance industry. Apart from difficulties in quantifying such risks, the availability of insurance capacity is often a concern. The book looks at these issues from philosophical, economic and actuarial perspectives. It asks how far existing private law rules can cope with emerging risks, and in so far as they cannot, how the law should be developed by courts and lawmakers to deal with the emerging legal issues. The book questions the suitability of the current insurance business models in insuring climate-related risks, autonomous systems, insurance of fines and penalties; as well as how mass or systemic risks (eg pandemics or cyber risks) can be made insurable through ‘add on’ coverages to the conventional insurance policies. It also evaluates governments' roles to encourage insurers to provide cover for such risks and discusses how a balance can be struck between the need to regulate and the insurance markets' dynamics. The book will be of academic interest to anyone working in the field of insurance and also relevant for market participants, policy-makers and regulators.