Description - Warranties in Marine Insurance by Baris Soyer
For centuries, warranties have played a significant role in the law of marine insurance by assisting underwriters to determine the extent of the risk undertaken. They are constantly in use in marine insurance practice and the notion of warranty has come to underpin the London insurance market. The legal remedy available when a marine insurance warranty is breached, automatic discharge from further liability regardless of the existence of a causal link between the breach and loss, has been brought under spot- light over the last few decades both at national and international levels. The purpose of the first edition of the book was to review the law in respect of marine insurance warranties and consider the possibility of reform in this area in the light of a comparative study and recent developments in the law and practice of marine insurance. The respectable prizes awarded to the first edition of this work (Cavendish Book Prize 2001 and British Insurance Law Association Charitable Trust Book Prize 2002) are clear indications that the book has managed to achieve objectives set at the outset.
In the second edition, there is a more involved analysis of law reform as well as a discussion of the recent proposals of the Australian Law Reform Commission. The new edition also includes: a new section on the impact of the International Ship and Port Facility Security Code (ISPS Code) on the implied warranty of seaworthiness and other relevant sections of the Marine Insurance Act 1906; reference to numerous decisions that have been handed down by the courts since the publication of the first edition, such as HIH Casualty and General Insurance Ltd. v. New Hampshire Co. and Agapitos v. Agnew (No. 2); particular focus on the position in other commonwealth jurisdictions, specially Australia and Canada.
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