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Preface
6
Contents
8
Abbreviations
15
1The history and legislative framework of marine insurance
18
1.1. Historical and policy reasons behind the various English statutes
18
1.2. The history and legislative framework of marine insurance in Greece
26
1.3. The history and legislative framework of marine insurance in Norway
28
1.4. The history and legislative framework of marine insurance in France
30
1.5. The history and legislative framework of marine insurance in the USA
32
1.6. The history and legislative framework of marine insurance in Canada
37
1.7. The history and legislative framework of marine insurance in Australia
38
1.8. General conclusive remarks and comparative discussion
39
2. Indemnity marine insurance contracts: basic features and cover provided
43
2.1. Basic features of the marine insurance contracts
43
2.2. The cover offered under marine insurance contracts in tlie various common law and continental law jurisdictions
81
2.3. General conclusive remarks and comparative discussion
96
3. Types of losses in marine insurance contracts
104
3.1. Types of losses in marine insurance contracts under the English law regime
104
3.2. Types of losses in marine insurance contracts under the Greek law regime
128
3.3. Types of losses In marine Insurance contracts under the Norwegian law regime
131
3.4. Type of losses in marine insurance contracts under the French law regime
134
3.5. Types of losses in marine insurance contracts under the US law regime
136
3.6. Types of losses in marine insurance contracts under the Canadian law regime
137
3.7. Types of losses in marine insurance contracts under the Australian law regime
138
3.8. General conclusive remarks and comparative discussion
139
4. Valuation and the measure of indemnity in marine insurance contracts
141
4.1. Valuation and the measure of indemnity
141
4.2. Total losses and the measure of indemnity
157
4.3. Partial losses and the measure of indemnity
171
4.4. Over-insurance and the re-opening of valuation
181
4.5. Floating policies and open-cover insurance
188
4.6. Critical discussion on valuation and the measure of indemnity
208
4.7. Salvage and the measure of indemnity
211
4.8. Consequential, future profit loss and the measure of indemnity
213
4.9. Mortgagee's interest insurance and the measure of indemnity
218
4.10. Double Insurance and the measure of indemnity
221
4.11. General conclusive remarks and comparative discussion
227
5. Subrogation rights arising from marine insurance contracts
229
5.1. The rights of the insurer on payment in marine insurance contracts in England
229
5.2. The rights of the insurer on payment in marine insurance contracts in Greece
244
5.3. The rights of the insurer on payment in marine insurance contracts in Norway
245
5.4- The rights of the insurer on payment in marine insurance contracts in France
248
5.5. The rights of the insurer on payment in marine insurance contracts in the USA
248
5.6. The rights of the insurer on payment in marine insurance contracts in Canada
251
5.7. The rights of the insurer on payment in marine insurance contracts in Australia
251
5.8. General conclusive remarks and comparative discussion
255
6. Discussion on the principle of indemnity in marine insurance contracts
259
6.1. General critique
259
6.2. Advantages and disadvantages of the proposition for a future law reform
266
6.3. Alternatives to legislative reform
273
6.4. Provisions related to indemnity in need of reform
275
6.5. General conclusions and future prospects
278
Table of Cases
288
A. Australia
288
B.England
289
C. Canada
296
D. France
296
E.Greece
297
F. Norway
298
G.USA
298
A. Australia
301
B.England
301
C. Canada
301
D. France
302
E. Greece
302
F. Norway
302
G. USA
303
Index
304
About the Author
307
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