Insuring Cargoes: A Practical Guide to the Law and Practice
Published: February 2010
Publisher: Witherby Seamanship International
Country of Publication: UK
This book is the culmination of a decade of painstaking research by an experienced practitioner in the field. The idea behind this book is to address the frustration of cargo owners, forwarders and even senior practitioners of marine insurance in not finding a mention (leave alone a solution) to many problems and issues one faces in the field of marine insurance in standard works on the subject.
The book covers a wide array of topics (supported by case laws from UK, USA, Canada and Australia) including:-
- The book begins with the chapter on International Trade and Marine Insurance. It details various “cargo families” and their exposure to damage, major commodities, dangerous goods, the “container revolution”, restrictive legislation etc.
- A detailed analysis of the fundamental principles of marine insurance as enshrined in the Marine Insurance Act of 1906 and how modern practices interpret such principles including: good faith, insurable interest, indemnity, adjustment examples of double insurance, successive losses, growing tendency of adjusting partial loss on salvage loss basis instead of MIA1906 basis.
- An analysis of the practical application of the Institute Cargo Clauses(1982 as well as 2009 editions) as well as comparative clauses used and adopted by other markets such as Sweden, Norway, France, Germany, Canada and USA.
- An analysis of specific Institute clauses addressing certain types of cargo risk: including Frozen Food clauses, Institute Replacement Clause etc.
- An analysis of specialty clauses such as Machinery clause and Brands & Control of Damaged Goods clause etc designed to address more current specific underwriting and claims challenges, stock throughput and annual sales turnover policies.
- There is an in depth discussion on INCOTERMS , Insurable Interest and Sellers Contingency covers. The book deals at length on insurable interest and how modern practitioners in London and the United States offer a wider interpretation to questions regarding insurable interest. There is an interesting discussion regarding the tendency on the part of many insurers in the UK and the US markets to virtually ignore the risk distribution between seller and buyer and issue a warehouse to warehouse cover irrespective of sale terms.
- "Physical loss or damage" to goods and how notions of "physical" damage has evolved over time. Especially for hi-tech and pharmaceutical industries. Other topics under this heading include: brand protection, removal of logos and brand names, manufacturer's warranty, fear of loss issues and control over damaged goods.
- Another highlight of the book is a detailed analysis of “Duration of Cover” in Institute Cargo Clauses. A number of complex situations are spelt out and analysed. Practical solutions are offered to the reader.
- The book deals with salvage sales using the internet including how developed markets address the question of product liability and brand issues by permitting sale of damaged cargoes by removing labels/brand and other trade marks prior to sale.
- "Insuring conditions" including commentaries on per bottom/location limits, certificate of insurance versus open covers, treatment of warranties in different markets, detailed analysis of deductible excess, deductible excess and ‘normal loss’ ,interpretation of various extraneous perils such as non delivery, heat sweat, spontaneous combustion, burden of proof, rules of construction etc
- A chapter dedicated to Loss Prevention
In dealing with the above and many other topics, comparisons are made between marine underwriting and claims practices in the London, US, German, Norwegian and French Norwegian markets. Comparative market analysis and discussion is essential yet to date, it has been lacking in other publications on the subject.
This 540 page book, based on the author’s industry experience and extensive research, will be an invaluable tool for law firms, underwriters, brokers, adjusters, surveyors, forwarders and traders.