The "principle of indemnity" in marine insurance contracts : a comparative study
The "principle of indemnity" in marine insurance contracts : a comparative study
Marine Insurance is considered one of the oldest of the many forms of commercial protection. It has flourished through the establishment of the institution of the so-called “coffee-houses”, wherein “underwriting” was being conducted and from where the evolution and dominance of the Lloyd’s has stemmed as the world’s most famous insurance market. Marine insurance contracts are special in that they have special characteristics and also because they are contracts of indemnity.
This thesis examines the principle of indemnity within marine insurance contracts. The legal problems related to the principle, in theory and in practice, are discussed and evaluated through the citation and critical analysis of the relevant case law in the UK as well in some of the most representative common law and continental law regimes, together with an analysis comprising thoughts and proposals on possible extensions, further research options, and a possible future law reform.
This thesis comprises of six (6) chapters: Chapter One (1) discusses the history of marine insurance in the UK and the policy reasoning behind the enactment of the various UK statutes as well as the history, legal framework and the way marine insurance is regulated in the other jurisdictions to be examined. Chapter Two (2) discusses the concept and importance of insurable interest in relation to indemnity marine insurance contracts and the coverage offered under such contracts both in the UK and in the other legal systems. Chapter Three (3) discusses types of losses in the UK and the rest of the law regimes examined. Chapter Four (4) discusses valuation and the measure of indemnity available according to the type of contract each time as well as the case of double insurance, both in the UK and in the rest of the legal systems examined. Chapter Five (5) examines the legal issues related to the rights of insurer on payment, in all jurisdictions. Chapter Six (6) draws some general comparative conclusions and also explores the scope and nature of a reform in the area, in light also of the ongoing attempt for unification, undertaken since 1998 by the Comité Maritime Internationale (C.M.I.).
University of Southampton
Noussia, Kyriaki-Pipitsa
c1febe98-df04-4d83-99d5-44ebe89153d7
2004
Noussia, Kyriaki-Pipitsa
c1febe98-df04-4d83-99d5-44ebe89153d7
Noussia, Kyriaki-Pipitsa
(2004)
The "principle of indemnity" in marine insurance contracts : a comparative study.
University of Southampton, Doctoral Thesis.
Record type:
Thesis
(Doctoral)
Abstract
Marine Insurance is considered one of the oldest of the many forms of commercial protection. It has flourished through the establishment of the institution of the so-called “coffee-houses”, wherein “underwriting” was being conducted and from where the evolution and dominance of the Lloyd’s has stemmed as the world’s most famous insurance market. Marine insurance contracts are special in that they have special characteristics and also because they are contracts of indemnity.
This thesis examines the principle of indemnity within marine insurance contracts. The legal problems related to the principle, in theory and in practice, are discussed and evaluated through the citation and critical analysis of the relevant case law in the UK as well in some of the most representative common law and continental law regimes, together with an analysis comprising thoughts and proposals on possible extensions, further research options, and a possible future law reform.
This thesis comprises of six (6) chapters: Chapter One (1) discusses the history of marine insurance in the UK and the policy reasoning behind the enactment of the various UK statutes as well as the history, legal framework and the way marine insurance is regulated in the other jurisdictions to be examined. Chapter Two (2) discusses the concept and importance of insurable interest in relation to indemnity marine insurance contracts and the coverage offered under such contracts both in the UK and in the other legal systems. Chapter Three (3) discusses types of losses in the UK and the rest of the law regimes examined. Chapter Four (4) discusses valuation and the measure of indemnity available according to the type of contract each time as well as the case of double insurance, both in the UK and in the rest of the legal systems examined. Chapter Five (5) examines the legal issues related to the rights of insurer on payment, in all jurisdictions. Chapter Six (6) draws some general comparative conclusions and also explores the scope and nature of a reform in the area, in light also of the ongoing attempt for unification, undertaken since 1998 by the Comité Maritime Internationale (C.M.I.).
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Published date: 2004
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Local EPrints ID: 465269
URI: http://eprints.soton.ac.uk/id/eprint/465269
PURE UUID: 52f56d00-73f7-4408-a216-558d3693d87e
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Date deposited: 05 Jul 2022 00:34
Last modified: 16 Mar 2024 20:04
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Author:
Kyriaki-Pipitsa Noussia
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