The Function of Protection & Indemnity Marine Insurance in Relation to Ship Owner ́S Liability for Cargo Claims

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
Total Pages: 109
Release: 2016-03-04
Genre: Technology & Engineering
ISBN: 1524628840

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.

Effects of Insurance on Maritime Liability Law

Effects of Insurance on Maritime Liability Law
Author: Muhammad Masum Billah
Publisher: Springer Science & Business Media
Total Pages: 330
Release: 2014-01-07
Genre: Law
ISBN: 331903488X

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.

The Principle of Indemnity in Marine Insurance Contracts

The Principle of Indemnity in Marine Insurance Contracts
Author: Kyriaki Noussia
Publisher: Springer Science & Business Media
Total Pages: 307
Release: 2007-08-06
Genre: Law
ISBN: 3540490744

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.

Marine Claims Handbook

Marine Claims Handbook
Author: N. G. Hudson
Publisher: Lloyd's of London Press Limited
Total Pages: 124
Release: 1984
Genre: Business & Economics
ISBN:

Previous edition, 3rd, published in 1980.

Marine Claims Handbook

Marine Claims Handbook
Author: N. Geoffrey Hudson
Publisher: Informa Law from Routledge
Total Pages: 156
Release: 1996
Genre: Business & Economics
ISBN:

GUide to the principles of marine insurance claims