Insurance Law Implications of Delay in Maritime Transport
Page 205
Index
Index
- abandonment
- abnormal delay
- advance loss of profits insurance see delay in start-up (DSU) insurance
- ‘all risks’ policies
- alteration of risk –
- assured
- avoidance of delay clause –
- capture, seizure, arrest, restraint or detainment ,
- cargo policies
- causation
- civil unrest
- common law
- concealment –
- concurrent causation –
- contract of carriage
- delay, meaning
- ‘delay beyond the control of the assured’
- delay in start-up (DSU) insurance –
- contractors
- duration of risks –
- duty of insured clause –
- duty to act with reasonable
dispatch –Page 206
- exclusions –
- indemnifiable claim
- ‘insured’ –
- lenders
- measure of indemnity
- mitigation of loss –
- purpose
- recoverability of mitigation expenses –
- scope of cover
- site owners
- delivery, delay in –
- calculating loss
- cargo policies and absence of physical loss of or damage to goods –
- contract of carriage, and
- due arrival of insurable property –
- duties of the assured subsequent to the delayed delivery of goods
- loss of adventure and the MIA 1906 –
- loss of market and market value as consequential loss in cargo policies –
- loss of profit, market and adventure by delay
- loss of use of cargo and resulting loss of sale contracts –
- Marine Insurance Act 1906, and
- meaning –
- mere delay not resulting in loss of marine adventure and common law authorities –
- scope of loss of market and market value caused by –
- temporarily missing goods and delay –
- time of
- deprivation perils
- deterioration, loss by and delay –
- deviation and delay –
- fortuity
- freight insurance
- actual and apprehended loss of time and the loss of time clause –
- consequent on loss of time’ and causation –
- early authorities –
- frustration, and –
- loss of hire see loss of hire
- loss of marine adventure and delay –
- loss of time clause when delay not cause of the loss of adventure –
- time and voyage basis, on –
- time charters and loss of time clause –
- see also loss of time clause
-
last cause in time rulePage 207
- liberty clauses –
- loss, meaning
- loss of use of cargo –
- loss of hire –
- aggregation of losses and delay –
- delay is not a direct consequence of general average act –
- events triggering cover under ABS forms –
- expenses arising from delay –
- foreseeability
- general average repairs, during –
- indirect losses
- occurrences, determining
- loss of time in removing cargo and consequent loss of hire
- loss of time proportionate to interests of the parties
- mitigation of losses by assured and loss of time –
- resulting from loss or damage to hull
- loss of market and market value
- loss of time clause
- perils of the sea
- perishable cargo
- physical loss
- port of refuge
- post-attachment of risk delay –
- pre-attachment of risk delay –
- ‘at and from’ policy
- avoidance of delay clause and s.42
- circumstances which may result in delay –
- control of the assured, within and beyond –
- implied condition precedent to the attachment of –
- see also implied conditions
- Institute Cargo Clauses and s.42 –
- particular voyage
- pre-contractual non-disclosure of representations as to the time of sailing
- standard market terms and s.42
- pre-contractual non-disclosure
- prosecuting voyage, delay in –
- beyond control of the assured –
-
see also ‘delay beyond the control of the assured’Page 208
- duty of the assured to act with reasonable despatch –
- see also avoidance of delay clause
- common law authorities –
- delay and deviation –
- excessive delay and knowledge of assured
- interruption of voyage –
- length of delay –
- meaning of unreasonable delay –
- ordinary course of transit –
- see also ordinary course of transit purpose of delay
- time policies, mixed policies and s. 48 –
- unreasonable delay under s.48 and the delay exclusion
- proximate causation –
- altering rule –
- applying Leyland to delay cases
- ‘arising from delay’
- capture, seizure, arrest, restraint or detainment
- ‘caused by delay’
- civil unrest
- deprivation perils and delay
- general overview
- following Leyland –
- inherent vice and delay –
- Lansana Fruit –
- Norwich Union –
- perils of the sea and delay
- terrorism
- reasonable despatch clause see avoidance of delay clause
- reasonable time
- repairs
- delay in carrying out and increased cost of –
- expenses incurred during –
- fuel and stores and port charges occurring in general average
- fuel and stores and port charges occurring other than in general average
- losses proximately caused by delay
- wage and maintenance expenses arising during repairs at port of refuge –
- wage and maintenance expenses arising during repairs other than in general average
- wage and maintenance expenses under common law –
- wage and maintenance expenses under York-Antwerp Rules ,
- risk
- alteration of at commencement of voyage –
- see also alteration of risk
- delay after risk has attached, before voyage commences –
- see also post-attachment of risk delay
- delay before risk attaches –
- see also pre-attachment of risk delay
- implied condition as to commencement of –
- see also implied conditions
- peril, and
- pre-contractual non-disclosure of circumstances which may result in delay –
- see also pre-contractual non-disclosure
- Rotterdam Rules
- unreasonable delay