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The Law and Practice of Marine Insurance in Canada

Assists legal and insurance professionals alike in dealing with the perils of interpreting and applying the Canadian Marine Insurance Act and the extensive body of case law that has evolved.
by The late George C. Moore (Author) , George R. Strathy (Author)
Publisher: LexisNexis Canada
Publication Language: English
Book
$535.00
Quantity
In Stock
Published: January 01, 2003
ISBN/ISSN: 9780433440079
Publisher: LexisNexis Canada

Product description

Assists legal and insurance professionals alike in dealing with the perils of interpreting and applying the Canadian Marine Insurance Act and the extensive body of case law that has evolved.

You'll find:

  • Incisive analysis of key cases from the Federal Court of Canada, the Federal Court of Appeal, the Supreme Court of Canada, and the provincial courts. Plus landmark cases from other Commonwealth jurisdiction
  • Extracts from the judgments of key cases accompanied by practice-focused commentary.
  • Excerpts of the Canadian Marine Insurance Act with commentary on the principles of interpretation used by the courts.
  • Practical reference guides in the appendices include: the text of the Canadian Marine Insurance Act and numerous insurance clauses in general use.

The book is organized into four parts:

  • Part One examines the principles of marine insurance as they have been developed and applied in Canadian law and practice.
  • Part two discusses the principal forms of marine insurance: Cargo, Hull and Machinery, Protection and Indemnity, Insurance of Particular Risks.
  • Part Three gives an overview of "General Average".
  • Part Four examines practice and procedural issues as well as the roles played by insurance brokers and marine surveyors.


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Featured Authors

The late George C. Moore
George R. Strathy

The late George C. Moore

The late George C. Moore, F.I.I.C., was a senior marine insurance broker with AON (former Reed Stenhouse) in Toronto, holding the position of Vice President. Following this retirement in 1996 he taught marine insurance at Seneca College and served as a marine insurance consultant and expert witness in marine insurance matters.

View all books by The late George C. Moore (1)

George R. Strathy

George R. Strathy, a leading Canadian maritime lawyer, has practiced in the field of marine insurance for 25 years, representing domestic and international marine insurers. He is a former Chairman of the Canadian of Association of Average Adjusters, Past Vice-President (Ont.) of the Association of Maritime Arbitrators and a member of the Canadian Maritime Law Association (a former member of the executive committee). For many years he taught admiralty law at the Faculty of Law, University of Toronto.

View all books by George R. Strathy (1)

Table of contents

Part One
Introduction
Marine Insurance Contract
Construction of Marine Policy
Good Faith: Misrepresentation
Non-Disclosure
Insurable Interest
Insurable Value
Perils Insured Warranties
LossesCharges Recoverable
Measure of Indemnity
Duties of the Insured: Sue Labour
Subrogation
Double Insurance
Under Insurance Over Insurance
Assignment of the Marine Policy
The Premium
Reinsurance
Part Two
Cargo Insurance
Hull Machinery Insurance
Protection Indemnity Insurance
Insurance of Particular Risk
Part Three
General Average
Part Four
Marine Insurance Broker
Marine Surveyor
Practice Procedure
Appendices:
Marine Insurance Act, S.C. 1993, c. 22
Institute Cargo Clauses (A) 1/1/82
Institute Cargo Clauses (B) 1/1/82
Institute Cargo Clauses (C) 1/1/82
Canadian Hulls (Pacific) clauses Sept.1/91
Canadian Pacific Special Fishing Vessel Endorsement
Canadian Board of Marine Underwriters Great Lakes Hull Clauses Sept. 1/71
Canadian (Pacific) Total Loss and Excess
Liabilities Clauses
British Columbia Builder's Risk Clauses
Subrogation Receipt
Loan Receipt
Letter of Undertaking
Canadian (Pacific) Protection and Indemnity Clauses
 

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