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By Geoffrey N Hudson, Tim Madge, Visit Amazon's Keith Sturges Page, search results, Learn about Author Central, Keith Sturges,

The re-creation of Marine assurance Clauses displays various alterations and additions to the coverage clauses, and especially the hot sort of the corporation entitled the foreign Underwriting organization of London in 2002. the hot variation will deliver you modern with the current advanced and infrequently complicated diversifications in coverage conditions.

Part of the Maritime and delivery legislations Library.

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Berisford v New Hampshire Insurance Co [1990] 1 Lloyd’s Rep 454. 4 THE FORMAL POLICY DOCUMENTS SCHEDULE POLICY NUMBER NAME OF ASSURED VESSEL VOYAGE OR PERIOD OF INSURANCE SUBJECT-MATTER INSURED AGREED VALUE (if any) AMOUNT INSURED HEREUNDER PREMIUM CLAUSES, ENDORSEMENTS, WARRANTIES SPECIAL CONDITIONS AND THE ATTACHED CLAUSES AND ENDORSEMENTS FORM PART OF THIS POLICY 5 INTRODUCTION TO THE FIFTH EDITION Companies Marine Policy We, the Insurers, hereby severally agree, in consideration of the payment to us by or on behalf of the Insured of the premium specified in the Schedule, to insure against loss, damage, liability or expense in the proportions and manner hereinafter provided.

21 In that case part of a cargo of fruit deteriorated owing to delay occasioned on the voyage by the ship requiring to be repaired on account of collision damage. In the United States, the rule is different,22 and consequently a delay exclusion clause would be essential in a policy governed by American law if the underwriters wished to exclude a similar claim. ‘‘(except expenses payable under Clause 2 above)’’. The only instance of claim for expenses consequent upon delay for which the insurers will respond arises when a ship has been detained in the circumstances envisaged in Rule XI of the YorkAntwerp Rules or other similar provision affecting general average.

That amelioration is now brought into the 2009 Institute Cargo Clauses and is a welcome addition. ‘‘insolvency or financial default’’. A person is said to be insolvent when he is unable to pay all his debts in full. If that be the applicable definition in the context of this clause, ‘‘insolvency’’ would appear to be wider even than ‘‘financial default’’ and include the situation in which many shipowners or operators still manage to continue trading. It appears that the intention of the draftsmen in 1982 was to exclude all types of claim for recovery and forwarding of the goods arising from the abandonment of a voyage by shipowners or operators who run out of funds while the voyage was still in being.

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