The Function of Protection & Indemnity Marine Insurance in Relation to Ship Owner ́S Liability for Cargo Claims PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Function of Protection & Indemnity Marine Insurance in Relation to Ship Owner ́S Liability for Cargo Claims PDF full book. Access full book title The Function of Protection & Indemnity Marine Insurance in Relation to Ship Owner ́S Liability for Cargo Claims by Joseph Tshilomb JK, LLM;MSc. Download full books in PDF and EPUB format.
Author: Joseph Tshilomb JK, LLM;MSc Publisher: AuthorHouse ISBN: 1524628840 Category : Technology & Engineering Languages : en Pages : 99
Book Description
In the early days of shipping and international maritime trade many more casualties occurred at sea. Ever since, ship owners liability for cargo claims has been increasing both in number and in cost in spite of the huge technical development in international maritime transport. In order to make it easier for ship owners to operate safely and efficiently the Protection and Indemnity appeared around 1870 as mutual marine insurance. Besides Hull & Machinery and Cargo Insurance offered on the international commercial market in insurance, Protection and Indemnity Insurance (known under the acronym P&I) is a ship owners insurance cover for legal liabilities to third parties. This cover is generally achieved by entering the ship in a mutual insurance club. Nowadays, the mutuality is performed by an underwriter who endeavors to see that each owner carries his fair share of the risk. The members of P&I clubs are ship owners, charterers or ship management companies. At present, a major function of the Protection and Indemnity insurance is to cover the ship owner for legal and contractual liability for loss of cargo or damage to cargo if there has been a breach of the carriage contract. This liability is called Third party liability. The ship owner will handover the cargo claim to his P&I Club. In order to clarify this liability, Article 3, Paragraph 2 of the Hague Visby rules stipulates: Subject to the provisions of Article 4 the carrier shall properly and carefully load, handle, stow, carry, keep, care for and discharge the goods carried. Therefore, the focus in this research study is placed on the function of Protection and Indemnity insurance covering the ship owners liability for damage to cargo or loss of cargo.
Author: Joseph Tshilomb JK, LLM;MSc Publisher: AuthorHouse ISBN: 1524628840 Category : Technology & Engineering Languages : en Pages : 99
Book Description
In the early days of shipping and international maritime trade many more casualties occurred at sea. Ever since, ship owners liability for cargo claims has been increasing both in number and in cost in spite of the huge technical development in international maritime transport. In order to make it easier for ship owners to operate safely and efficiently the Protection and Indemnity appeared around 1870 as mutual marine insurance. Besides Hull & Machinery and Cargo Insurance offered on the international commercial market in insurance, Protection and Indemnity Insurance (known under the acronym P&I) is a ship owners insurance cover for legal liabilities to third parties. This cover is generally achieved by entering the ship in a mutual insurance club. Nowadays, the mutuality is performed by an underwriter who endeavors to see that each owner carries his fair share of the risk. The members of P&I clubs are ship owners, charterers or ship management companies. At present, a major function of the Protection and Indemnity insurance is to cover the ship owner for legal and contractual liability for loss of cargo or damage to cargo if there has been a breach of the carriage contract. This liability is called Third party liability. The ship owner will handover the cargo claim to his P&I Club. In order to clarify this liability, Article 3, Paragraph 2 of the Hague Visby rules stipulates: Subject to the provisions of Article 4 the carrier shall properly and carefully load, handle, stow, carry, keep, care for and discharge the goods carried. Therefore, the focus in this research study is placed on the function of Protection and Indemnity insurance covering the ship owners liability for damage to cargo or loss of cargo.
Author: Muhammad Masum Billah Publisher: Springer ISBN: 9783319348995 Category : Law Languages : en Pages : 0
Book Description
The book examines how the absence of insurance in the past led to some special maritime liability law principles such as ‘general average’ (i.e., losses or expenses shared by all the parties to a maritime adventure) and the limitation of shipowners’ liability. In the absence of insurance, these principles served the function of insurance mostly for shipowners. As commercial marine insurance is now widely available, these principles have lost their justification and may in fact interfere with the most important goal of liability law i.e., deterrence from negligence. The work thus recommends their abolition. It further argues that when insurance is easily available and affordable to the both parties to a liability claim, the main goal of liability law should be deterrence as opposed to compensation. This is exactly the case with the maritime cargo liability claims where both cargo owners and shipowners are invariably insured. As a result, the sole focus of cargo liability law should be and to a great extent, is deterrence. On the other hand in the vessel-source oil pollution liability setting, pollution victims are not usually insured. Therefore oil pollution liability law has to cater both for compensation and deterrence, the two traditional goals of liability law. The final question the work addresses is whether the deterrent effect of liability law is affected by the availability of liability insurance. Contrary to the popular belief the work attempts to prove that the presence of liability insurance is not necessarily a hindrance but can be a complementary force towards the realization of deterrent goal of liability law.
Author: United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Maritime Affairs Publisher: ISBN: Category : Marine insurance Languages : en Pages : 122
Book Description
Considers legislation to authorize U.S. Maritime Commission issuance of liability insurance for off-season iron ore shipments on Great Lakes for national defense needs, pt. 3.
Author: United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Maritime Affairs Publisher: ISBN: Category : Insurance, Marine Languages : en Pages : 284
Book Description
Considers legislation to authorize U.S. Maritime Commission issuance of liability insurance for off-season iron ore shipments on Great Lakes for national defense needs, pt. 3.
Author: Geoffrey Hudson Publisher: CRC Press ISBN: 131798448X Category : Law Languages : en Pages : 435
Book Description
The new edition of Marine Insurance Clauses reflects numerous changes and additions to the policy clauses, and particularly the new style of the organisation entitled the International Underwriting Association of London in 2002. The new edition will bring you up to date with the present complex and sometimes confusing variations in policy conditions. Part of the Maritime and Transport Law Library.
Author: North of England P & I Association Publisher: ISBN: 9780954653798 Category : Marine insurance Languages : en Pages : 0
Book Description
This guide provides a comprehensive introduction to the fascinating world of marine liability insurance. It focuses in particular on the services provided by the members of the International Group of P&I Clubs, who mutually insure over 90% of the world's ocean-going fleet of merchant shipping tonnage. The guide also introduces the key international conventions and regulations governing international shipping practice as well as the all-important topic of maritime lossprevention. Mutual shipowners' liability clubs originated in England in the nineteenth century and this guide is written and published by the world's first combined protection and indemnity club - North of England P&I Association. Formed in 1886, the club is now widely regarded as one of the most successful. This guide is intended as a standalone publication for anyone wishing to get a basic grounding in P&I insurance and loss prevention. It also serves as the main reference book for North of England's long-established Training course on the topic. -Back cover.
Author: Benny John Publisher: Notion Press ISBN: 1684669405 Category : Transportation Languages : en Pages : 336
Book Description
Logistics, Shipping and Supply Chain Management is an emerging subject of importance in an emerging country like India and similar economies. Since India is at the cusp of being a developed nation and subjects like Logistics are still at the infancy stage, lot of Universities and Institutes in India have started including these subjects at the Bachelors, Masters and diploma levels of Business Administration, Management Science, Commerce and Export & Import related subjects and this book will have, I hope, tremendous interests among the practitioners, young students and the academia not only for the global community but Indian sub-continent and South East Asia specifically. Since now, after more than 30 years of professional life, I am a visiting faculty member of various Universities and Institutes, I felt that there is dearth of proper books in this field, and I felt it as my humble duty to share whatever limited knowledge with the young students who were never exposed to subjects like Shipping, Logistics, Supply Chain Management, Commerce, Export Import Trade and their operational and legal aspects. If this book also assist the faculty members even in a limited way, then my humble efforts are fulfilled. Although there are lot of people worldwide who has guided and helped me during my career in India and abroad, to name them is a huge task. But I can’t forget the help and guidance given to me during my professional life in Germany by Mr. Herbert Poetschke, Hapag Lloyd AG, Hamburg, Mr. Christian Conen, VLA-Vereinigte Linen Agenturen GmbH, Bremen and specially my well wishers in India Mr. K.C. Raman, former Director of Forbes Gokak, and Mr. Shantanu Bhatkamkar, Chairman of the ATC Logistics Group, Mumbai. But it was the persuasion from one of my cousins and a friend, Mr. Sam G. Nilamel of Nilamel Exports, an industrialist in Kerala and Kuwait, who always prompted me to write a book. Though in I have commenced this hilarious exercise of bringing out this comprehensive handbook on Logistics and Shipping couple of years back, it was a tremendous task to write, re-write, revise and edit this volume. After the main script is finalized, it is my daughter Aatira Benn John who helped me in formatting and designing this book in its present form and I am thankful to her. Comments and suggestions from readers are welcome to improve future editions and your suggestions may be sent to my email: [email protected]
Author: Muhammad Masum Billah Publisher: Springer Science & Business Media ISBN: 331903488X Category : Law Languages : en Pages : 330
Book Description
The book examines how the absence of insurance in the past led to some special maritime liability law principles such as ‘general average’ (i.e., losses or expenses shared by all the parties to a maritime adventure) and the limitation of shipowners’ liability. In the absence of insurance, these principles served the function of insurance mostly for shipowners. As commercial marine insurance is now widely available, these principles have lost their justification and may in fact interfere with the most important goal of liability law i.e., deterrence from negligence. The work thus recommends their abolition. It further argues that when insurance is easily available and affordable to the both parties to a liability claim, the main goal of liability law should be deterrence as opposed to compensation. This is exactly the case with the maritime cargo liability claims where both cargo owners and shipowners are invariably insured. As a result, the sole focus of cargo liability law should be and to a great extent, is deterrence. On the other hand in the vessel-source oil pollution liability setting, pollution victims are not usually insured. Therefore oil pollution liability law has to cater both for compensation and deterrence, the two traditional goals of liability law. The final question the work addresses is whether the deterrent effect of liability law is affected by the availability of liability insurance. Contrary to the popular belief the work attempts to prove that the presence of liability insurance is not necessarily a hindrance but can be a complementary force towards the realization of deterrent goal of liability law.
Author: Joseph Tshilomb JK, LLM;MSc
Author: Joseph Tshilomb JK, LLM;MSc
Author: Muhammad Masum Billah
Author: 
Author: United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Maritime Affairs
Author: United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Maritime Affairs
Author: Geoffrey Hudson
Author: North of England P & I Association
Author: H. G. Lay
Author: Benny John
Author: Muhammad Masum Billah