As noted earlier, 1 section 85(1) of the 1906 Act no longer accurately describes the contractual arrangements which exist between the members of the modern incorporated P&I Clubs. The insurer is no longer the members themselves but is now the corporate association which is the party with whom a member contracts. In consequence, a member’s contract is with the club and any cause of action as an assured will lie against the club and not against his fellow members. 2 The legal relationship which now exists was described in an early case by Lord Esher MR in the following terms 3 :
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