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Tuesday, August 4, 2020 | History

3 edition of principle of indemnity in marine insurance contracts found in the catalog.

principle of indemnity in marine insurance contracts

Kyriaki Noussia

principle of indemnity in marine insurance contracts

a comparative approach

by Kyriaki Noussia

  • 47 Want to read
  • 31 Currently reading

Published by Springer in Berlin, New York .
Written in English

    Subjects:
  • Marine insurance -- Law and legislation -- Great Britain.,
  • Marine insurance -- Great Britain -- History.,
  • Marine insurance.,
  • Indemnity

  • Edition Notes

    Includes bibliographical references (p. [269]-274) and index.

    StatementKyriaki Noussia.
    Classifications
    LC ClassificationsKD1845 .N68 2007
    The Physical Object
    Paginationxix, 295 p. ;
    Number of Pages295
    ID Numbers
    Open LibraryOL22549510M
    ISBN 109783540490739
    LC Control Number2006938304

    A policy of assurance has long been held not be a perfect contract of indemnity. This article examines this truism in the context of value policies. It can be seen that in this context imperfection is allowed or even encouraged in the interest of. Insurance is possible in case of indemnity contracts like fire, marine and property insurance. A double insurance policy is adopted where the financial position of the insurer is doubtful. Here, the insured cannot recover more than the actual loss and cannot .

    Marine insurance is the contracts of insurance upon vessels of any description, including cargoes, freights & other interests which may be legally insured. Whatever be the transit by land, water or both and whether or not including warehouse risk or similar risk included among the risks insured against in marine insurance policies.   Principle of Indemnity in insurance has below mentioned exceptions Life insurance: Life insurance is not contracts of indemnities simply because life cannot be valued in terms of money. Legally, therefore, it has been kept outside the scope of the.

    Marine insurance contract does not often includes complete indemnity due to large and varied nature of the marine voyage. This value may be either the insured or insurable value. If the value of the subject matter is determined at the time of taking the policy, it is called ‘Insured Value’. 3. Indemnity. As per the Marine Insurance Act, a contract of marine insurance is a contract where the insurer undertakes to indemnify the assured in the manner and to the extent thereby agreed against marine loss. To indemnify is to make good the losses suffered not .


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Principle of indemnity in marine insurance contracts by Kyriaki Noussia Download PDF EPUB FB2

This book examines the principle of indemnity within marine in­ surance contracts. The legal problems related to the principle, in theory and in practice, are discussed and evaluated through the citation and criti­ cal analysis of the relevant case law in England as well in some of the most representative common law and continental law.

The Principle of Indemnity in Marine Insurance Contracts: A Comparative Approach (Hamburg Studies on Maritime Affairs) [Noussia, Kyriaki] on *FREE* shipping principle of indemnity in marine insurance contracts book qualifying offers.

The Principle of Indemnity in Marine Insurance Contracts: Cited by: 4. This book examines the principle of indemnity within marine in surance contracts.

The legal problems related to the principle, in theory and in practice, are discussed and evaluated through the citation and criti cal analysis of the relevant case law in England as well in some of the most representative common law and continental law.

Hence, this book comparatively examines Australian, English, Canadian, French, Greek, Norwegian and U.S. law, from the angle of indemnity in marine insurance contracts, the scope for a legal. The marine contract is based on utmost good faith on the part of both the parties.

The burden of this principle is more on the insured than on the underwriter (insurance company). The insured should give full information about the subject to the insured.

There is one exception to the principle of indemnity in marine insurance. Some profit. Marine insurance policies are also contract of indemnity.

The principle of signing the contract in utmost good faith is important in marine insurance. Why only narrow definitions of indemnity apply to Insurance. However, as per the standard definition of the Indian Contract Act,only a narrow interpretation of indemnity applies to insurance. The principle of indemnity under a general insurance policy provides for the policyholder to be placed in the same financial position after a loss as they enjoyed immediately prior to the loss.

This is at the core of most general insurance policies and is enshrines the principle that a policyholder should not be placed in an improved position. 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. cargo is damaged or lost. Such a marine insurance is known as freight insurance.

All marine insurance contracts are contracts of indemnity Marine insurance covers the loss or damage of ships, cargo, terminals, and any transport or cargo by which property is transferred, acquired, or held between the points of origin and final destination.

The book comprises of six (6) chapters: chapter one (1) discusses the history of marine insurance in England and the policy reasoning behind the enactment of the various English statutes as well as the history, legal framework and the way marine insurance is regulated in the other jurisdic tions.

The Principle of Indemnity in Marine Insurance Contracts A Comparative Approach Bearbeitet von Kyriaki Noussia 1. Auflage Buch. XIX, S. Hardcover ISBN 3 9 Format (B x L): 15,5 x 23,5 cm The Principle of Indemnity in Marine Insurance Contracts, A Comparative Approach.

Bennett, H () The Law of Marine Insurance, Clarendon Press, Oxford, pp –; Basically, the term “measure of indemnity” means “the extent of the liability of the insurer for loss”, i.e. the maximum amount which the insurer must pay in event of a claim under the the Marine Insurance Actthe term “measure of indemnity” is to be found in s.

67–78 thereof. The Principle of Indemnity in Marine Insurance Contracts: A Comparative Approach - Ebook written by Kyriaki Noussia. Read this book using Google Play Books app on your PC, android, iOS devices.

Download for offline reading, highlight, bookmark or take notes while you read The Principle of Indemnity in Marine Insurance Contracts: A Comparative Approach.

A contract of marine insurance is essentially a contract of indemnity. This is the cardinal principle upon which the whole contract is founded, and from which the rules relating to the right of claim under a.

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. : Find many great new & used options and get the best deals for The Principle of Indemnity in Marine Insurance Contracts: A Comparative Approach by Kyriaki Noussia (, Hardcover) at the best online prices at eBay.

Free shipping for many products. indemnity - the principle of subrogation - the principle of contribution – disclosure of all relevant information - principle of utmost good faith - the relevance of proximate cause - the insurance contract. Chapter 7: Insurance Terminology: Common terms used in insurance - terms common to both life.

Definition, Types, Examples (Explained) Principle of Contribution in Insurance. Insurable Interest: Definition Types, Example (Explained) Principle of Indemnity in Insurance. Documents Required for Marine Insurance.

Utmost Good Faith in Insurance Contract, Marine Insurance, Life Insurance. 8 Types of Insurance Organizations. Proximate Cause. A contract of marine insurance is an agreement whereby the insurer undertakes to indemnify the assured, in the manner and to the extent thereby agreed, against marine losses, that is to say, the losses incidental to marine adventure.

Principle of Indemnity. from book The principle of indemnity in marine insurance contracts: A comparative approach Chapter January with 47 Reads How we measure 'reads'. Principles of Insurance. As we discussed before, insurance is actually a form of contract.

Hence there are certain principles that are important to ensure the validity of the contract. Both parties must abide by these principles. 1] Utmost Good Faith. A contract of insurance must be made based on utmost good faith (a contract of uberrimate fidei).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 It examines the scope for a legal reform and the potential of achieving a better, more flexible, and modern indemnification regime.Life Insurance contract is, however, not a contract of indemnity, because in such a contract different considerations apply.

A contract of life insurance, for instance, may provide the payment of a certain sum of money either on the death of a person, or on the expiry of a stipulated period of time (even if the assured is still alive).