Articles
Here, starting with our initial article in August 2009, you will find a selection of custom written papers relevant to the Marine Insurance industry. Some will deal with legal issues, others more practical matters. We invite you to take a moment to look through these. If they are of interest to you then you can read them on line or by downloading the pdf version.
Article: Valuable Cargoes - How Can They Best Be Carried? - Full article
September 2010
Pharmaceuticals and other high value cargo such as premium electronic and computer equipment are generally not sold “by the kilo”, but when such cargo is lost or damaged in transit the carrier will most likely seek to limit liability by reference to a, probably very low, limit of liability assessed on a per kilo basis. Read more ...
Article: The Third Parties (Rights Against Insurers) Act 2010 - Full article
April 2010
When my mother was starting school aged 5 years old, The Third Parties (Rights Against Insurers) Act 1930 was passed. Although she took little notice of it at the time, what it sought to do was to give a direct right to a claimant to recover from a defendant’s liability insurers when the defendant/insured was insolvent. Read more ...
Article: Mediation in England - Full article
February 2010, This is a paper in 2 parts - Part 1
In Part One of this paper we look at Meditation in England, what is involved and the potential advantages that Mediation affords, both as part of the litigation process and as an independent procedure. Read more ...
Article: The Investigation of the Total Loss of a Cargo Resulting from the Sinking of the Carrying Vessel - Full article
December 2009
The total loss of a cargo following the sinking of a vessel presents an extremely challenging situation for an insurer. On the one hand the assured will soon be pressing for payment of its policy claims for, depending on the value of the cargo and the size of the assured, the financial loss could seriously disrupt the business of the assured and even threaten the continued existence. On the other hand, investigations need to be commenced and evidence collected. Read more ...
Article: Cargo Recoveries - 6 Essential Issues - Full article
November 2009
In this paper, aimed at junior to middle level claims handlers, Linley Taylor looks at 6 points that are important when pursuing recoveries successfully. Whilst many claims handlers will not be personally responsible for recoveries it is nevertheless vital that they should have an awareness of the essential issues so that these are kept in mind during the handling and settlement of the insurance claim. Read more ...
Article: Automobile Contamination Incidents - Full article
October 2009, This is a paper in 3 parts - Part 2
In Part 2 of the Automobile Contamination Paper we consider in some detail the various ways in which a Third Party can be held liable under English Law for contamination which they have caused and which results in damage to cars stored in the vicinity Read more ...
Article: Rotterdam Rules - 10 Points of Interest - Full article
September 2009
The Rotterdam Rules are open for signature at a ceremony later this month in Rotterdam. They will come into force one year after the 20th State ratifies the Convention. Whilst they may still be some way off, this paper picks out 10 Points of Interest to give an overview of what the future may hold. Read more ...
Article: Automobile Contamination Incidents - Full article
August 2009, This is a paper in 3 parts - Part 1
Part 1 deals with incidents involving contamination damage to automobiles when stored on compounds awaiting shipment or distribution. In particular this paper focuses on the need to form, at an early stage, a strategic plan of what investigations must be undertaken and with the collection of evidence before either the evidence disappears or operational requirements make it more difficult and perhaps impossible to collect. Read more ...
