| Marine insurance law |
| Section A: The contract of marine insurance |
| · The nature of a marine insurance contract |
| · The Marine Insurance Act 1906 |
| · The requirement of insurable interest |
| · Wagering and gaming contracts |
| · The formation of a marine insurance contract |
| · The construction of a marine insurance contract |
| · The policy |
| · Types of marine insurance policies (time/voyage policies; floating policies/open covers; valued/unvalued policies; composite/joint policies) |
| · The assignment of rights under a marine insurance policy |
| Section B: The doctrine of Uberrimae Fidei and insurance contracts |
| · Nature of the duty of utmost good faith |
| · The assured's pre-contractual duty of good faith: misrepresentation and non-disclosure |
| · The assured's post-contractual duty of good faith and the duty in respect of claims |
| · The insurer's duty |
| · Remedies |
| · The role of the broker |
| Section C: The terms of the contract; risks; and causation |
· Terms:
- Premium
- The assured and the subject matter of the insurance
- The attachment, duration, alteration and termination of the insured risk (including change of voyage, deviation and delay)
- Warranties (express and implied)
- Conditions and other terms
- The Institute Clauses |
· Risks:
- Marine risks
- War risks
- Excepted risks |
| · Causation |
| · Burden of proof |
| · The sue and labour clause (mitigation of loss) |
| Section D: Indemnity, subrogation and contribution |
| · The principle of indemnity |
· The measure of indemnity:
- Partial loss
- Actual total loss
- Constructive total loss |
| · Insurers’ right of subrogation upon payment |
| · Contribution between multiple underwriters |
| · Third parties’ rights against insurers |
Sequence:
The sections must be attempted in order. |
Textbooks:
Susan Hodges, Law of Marine Insurance (London: Cavendish Publishing, 1996),
ISBN: 9781859412275 |
| Susan Hodges and Roy Carlile, Cases and Materials on Marine Insurance Law (London: Cavendish Publishing, 1999), ISBN: 9781859414385 |