Chapter 22 Further Reading

Chapter 22 Further Reading

Marine cargo insurance
  • Malcolm Clarke, ‘ Insurance: The Proximate Cause in English Law ’ (1981) 40 CLJ 284.

An article by the writer of the major practitioner’s work on insurance law, where, after reviewing a range of authorities, he argues that the proximate cause of a loss is the event, which, in all the circumstances prevailing at the time of the event, led inevitably to the kind of loss in question.

  • John Dunt , Marine Cargo Insurance ( Informa Press , 2009)

A practitioner’s work, which examines the recently revised Institute Cargo Clauses in detail. The author played a key role in the 2009 revision and this is a work of authority well set out and well indexed, and can be relied on as a reference source.

  • Angelo Forte , ‘ The Materiality Test in Insurance ’ [1993] LMCLQ 557.

A review by a leading Scots academic lawyer of judicial decisions on the issue of
materiality in disclosure under the obligation of utmost good faith. His chapter ‘Good
Faith and Utmost Good Faith ‘ in Forte (ed) Good Faith in Contract and Property Law (Hart Publishing 1999) provides an interesting contrast between the Scots and English legal positions on the issue of good faith.

  • Susan Hodges , Cases and Materials on Marine Insurance Law ( Routledge Cavendish, 1999).

Although now sadly slightly out of date, this is an excellent collection of the leading
cases on marine insurance, accompanied by an often insightful commentary. There is
a text by the same author, The Law of Marine Insurance (Cavendish 1996), also highly recommended to an interested student.

  • Peter Musthill , ‘ Fault and Marine Losses ’ [1988] LMCLQ 310.

An influential article on the meaning of inherent vice dealing with the issues raised in
The Miss Jay Jay, 156 in which the author was also the judge. Here the vessel was poorly designed and constructed, but was held not to have sunk through inherent vice.

  • Beth Richards-Bray , ‘ Global Process Systems Inc v Syarikat Takaful Malaysia Bhd (The Cendor Mopu) ’ (2011) 16 Cov LJ 75.
A short and accessible case commentary on The Cendor Mopu which succinctly identifies the problems involved in concluding that inevitable loss proves that the insured property must have been damaged though inherent vice.
  • HY Yeo , ‘ Post Contractual Good Faith. A Change of Judicial Attitude ’ (2003) 66 MLR 425.

A substantial case comment on The Star Sea, 1 57 tracing the origins of the idea of a continuing duty of disclosure, and concluding that statutory reform of the doctrine is
called for, since currently s 17 of the Marine Insurance Act 1906 provides an opportunity for insurers to avoid contracts on grounds unrelated to the cause of an otherwise insured loss.

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