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Insurance Law Implications of Delay in Maritime Transport

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Index

Index
  • capture, seizure, arrest, restraint or detainment 2.21, 3.25
  • cargo policies
    • absence of physical loss of or damage to goods 3.20–3.22
    • common law 1.2
    • loss of market and market value as consequential loss in 3.32–3.34
    • interest of 2.1
    • peace time 2.21
    • project see delay in start-up (DSU) insurance
    • tangible objects 3.8
    • time of delivery 3.3
  • causation
    • breaking chain of 2.24
    • loss, of 1.6
    • philosophical meaning 2.23
  • civil unrest 2.22
  • common law
    • exclusions 1.2, 2.2
    • fortuity 1.7, 1.11
    • hull and machinery insurance 7.1
    • loss of time clause 6.10–6.11
    • mere delay not resulting in loss of marine adventure 3.6–3.7
    • unreasonable delay 10.17
    • wages and maintenance expenses arising during repairs at port of refuge 7.10–7.13
  • concealment 9.8–9.10
  • concurrent causation 2.27–2.33
    • independent cause of loss, delay 2.31–2.33
    • limits to rule in Wayne Tank 2.30
  • contract of carriage
  • delay, meaning 1.4
    • delivery see delivery, delay in
    • exclusion of 1.10, 1.17
    • factors of 1.1–1.2
    • ordinary and extraordinary losses 1.8
    • use of term 1.3
  • ‘delay beyond the control of the assured’
  • delay in start-up (DSU) insurance 5.1–5.22
  • delivery, delay in 3.1–3.36
    • calculating loss 3.4
    • cargo policies and absence of physical loss of or damage to goods 3.20–3.22
    • contract of carriage, and 3.3
    • due arrival of insurable property 3.13–3.14
    • duties of the assured subsequent to the delayed delivery of goods 3.19
    • loss of adventure and the MIA 1906 3.8–3.11
    • loss of market and market value as consequential loss in cargo policies 3.32–3.34
    • loss of profit, market and adventure by delay 3.15
    • loss of use of cargo and resulting loss of sale contracts 3.35–3.36
    • Marine Insurance Act 1906, and 3.5
    • meaning 3.2–3.5
    • mere delay not resulting in loss of marine adventure and common law authorities 3.6–3.7
    • scope of loss of market and market value caused by 3.23–3.31
    • temporarily missing goods and delay 3.16–3.18
    • time of 3.3
  • deprivation perils
  • deterioration, loss by and delay 2.2–2.35
    • aggravating loss 2.25
    • agreements altering proximate cause rule and delay 2.34–2.35
    • delay and concurrent causation 2.27–2.33
    • delay as contributing factor other than proximate cause 2.23–2.26
    • delay as proximate cause 2.8–2.22
    • see also proximate causation
    • last cause in time rule 2.7
    • Leyland 2.9–2.11
    • pre-MIA authorities 2.3–2.6
  • deviation and delay 10.3–10.9
    • liberty clauses on, and impact on delay 10.6–10.9
  • expenses 4.2–4.17
    • forwarding and storage charges 4.13–4.17
    • general average 4.2–4.9
    • loss of hire 8.8–8.16
    • loss of market caused by delay and general average 4.7–4.9
    • ransom negotiations 4.3–4.5
    • recoverability 4.1
    • repairs see repairs
    • sue and labour expenses 4.10–4.12
    • time-sensitive goods 4.11–4.12
  • fortuity
    • assessing 1.20
    • existing policy language 1.9
    • general considerations 1.6
    • marine peril and risk 1.4–1.5
    • naturally occurring losses, and 1.11–1.17
    • negligence 1.7
    • obscure 1.2
  • freight insurance
    • actual and apprehended loss of time and the loss of time clause 6.19–6.21
    • consequent on loss of time’ and causation 6.22–6.23
    • early authorities 6.4–6.9
    • frustration, and 6.14–6.18
    • loss of hire see loss of hire
    • loss of marine adventure and delay 6.12–6.13
    • loss of time clause when delay not cause of the loss of adventure 6.14–6.18
    • time and voyage basis, on 6.1–6.36
    • time charters and loss of time clause 6.24–6.36
    • see also loss of time clause
  • Hamburg Rules 3.2
  • hull and machinery insurance 7.1–7.21
    • 3/4th collision liability clause 7.21
    • common law origin 7.1
    • damage to 7.3#_x2013;7.5
    • deterioration of the hull by lengthy delays 7.4–7.5
    • loss of possession and use of the vessel, delay and constructive total loss 7.18–7.20
    • ordinary wear and tear 7.4–7.5
    • repairs see repairs
  • implied conditions
    • acquiescence 9.21
    • circumstances known to insurer 9.24–9.26
    • location of vessel 9.25
    • negating 9.20–9.26
    • precedent to the attachment of risk 9.5–9.27
    • pre-contractual non-disclosure of circumstances which may result in delay 9.7–9.11
    • reasonable time 9.1, 9.34
    • representation to qualify or rebut 9.24
    • usage of trade, and 9.27
    • waiver by insurer 9.21–9.23
  • implied warranties 9.42–9.43
  • inherent vice
  • Institute Cargo Clauses 1.9
    • delay before risk attached 9.15–9.17
    • deprivation perils 2.21–2.22
    • general delay exclusion 1.18
    • “physical loss” 3.21

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    last cause in time rule 2.7
  • liberty clauses 10.6–10.9
  • loss, meaning 1.1
  • loss of use of cargo 3.35–3.36
  • loss of hire 8.1–8.22
    • aggregation of losses and delay 8.17–8.18
    • delay is not a direct consequence of general average act 8.13–8.16
    • events triggering cover under ABS forms 8.3–8.5
    • expenses arising from delay 8.7–8.16
    • foreseeability 8.14
    • general average repairs, during 8.8–8.16
    • indirect losses 8.14
    • occurrences, determining 8.18
    • loss of time in removing cargo and consequent loss of hire 8.6
    • loss of time proportionate to interests of the parties 8.12
    • mitigation of losses by assured and loss of time 8.19–8.22
    • resulting from loss or damage to hull 8.4
  • loss of market and market value
    • consequential loss in cargo policies 3.32–3.34
    • damaged goods 3.27–3.31
    • delay in delivery, caused by 3.23–3.31: exclusion of 3.25
    • general average act, and 4.7–4.9
    • general contract law and carriage of goods by sea 3.32–3.33
    • goods arriving late and undamaged 3.24–3.26
  • loss of time clause 6.3
    • early cases on loss of hire and off-hire clause 6.30–6.31
    • full/partial loss, and 6.24–6.29
    • introduction to 6.10–6.11
    • loss of time a cause of loss or merely a measure of loss, whether 6.33–6.36
    • meaning of ‘loss of time’ 6.32
    • off-hire clauses and the loss of time clause 6.30–6.36
    • origins 6.24–6.29
    • time charter parties 6.32
    • time charters, and 6.24–6.36
  • marine adventure 3.6–3.7
    • delay or mere suspension of voyage 3.10
    • due arrival of insurable property 3.12–3.15
    • excluding claim of loss 3.11
    • freight insurance 6.12–6.13
    • frustrating delay 3.10
    • loss of and MIA 1906 3.8–3.11
    • loss of profit, market and adventure by delay 3.15
  • ordinary course of transit 10.36–10.51
    • avoidance of delay clause, and 10.66#_x2013;10.68
    • commercial convenience of the assured versus requirements of transport 10.51
    • delay not in, which discharges insurers 10.36–10.50
    • interruption of transit brought about by the requirements of transport 10.38–10.43
    • moment cover ceases 10.40–10.43
    • storage 10.44–10.50
    • unknown contractual arrangements 10.47
  • ordinary delay 1.13–1.17
    • distinguishing from extraordinary 1.8
    • frustration 1.15
    • proximate causes 2.5
    • rationale for exclusion 1.13
  • perils of the sea
    • concurrent causation 2.31
    • damage caused by 7.3, 7.9
    • delay, and 2.16
    • loss of market 4.9
    • loss of profit 3.36
    • loss of time clause 6.14
    • proximate clause 6.27
  • perishable cargo 2.15
  • physical loss
    • absence of 3.20–3.22
    • subject-matter insured, to 2.1–2.35
    • see deterioration
    • loss by and delay pirates: capture by 2.19
    • ransom 4.4–4.5
  • port of refuge
    • wages and maintenance expenses during repairs at 7.10–7.14
  • post-attachment of risk delay 9.28–9.30
    • breach of condition subsequent or innominate term 9.45
    • breach of warranty and Insurance Act 2015, whether 9.44
    • consequences 9.41–9.45
    • effect on insurer 9.30
    • insured voyage 9.28
    • remedy 9.42
  • pre-attachment of risk delay 9.2–9.27
    • ‘at and from’ policy 9.3
    • avoidance of delay clause and s.42 9.18
    • circumstances which may result in delay 9.7–9.12
    • control of the assured, within and beyond 9.13–9.14
    • implied condition precedent to the attachment of 9.5–9.27
    • see also implied conditions
    • Institute Cargo Clauses and s.42 9.15–9.17
    • particular voyage 9.2
    • pre-contractual non-disclosure of representations as to the time of sailing 9.13
    • standard market terms and s.42 9.19
  • pre-contractual non-disclosure
    • cases on delay and concealment 9.8–9.10
    • circumstances which may result in delay 9.7–9.12
    • representations as to the time of sailing 9.11
  • prosecuting voyage, delay in 10.1–10.77
    • beyond control of the assured 10.52–10.56

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       see also ‘delay beyond the control of the assured’
    • duty of the assured to act with reasonable despatch 10.59–10.77
    • see also avoidance of delay clause
    • common law authorities 10.17–10.23
    • delay and deviation 10.3–10.9
    • excessive delay and knowledge of assured 10.24
    • interruption of voyage 10.36–10.51
    • length of delay 10.17–10.23
    • meaning of unreasonable delay 10.16–10.35
    • ordinary course of transit 10.36–10.51
    • see also ordinary course of transit purpose of delay 10.23
    • time policies, mixed policies and s. 48 10.10–10.15
    • unreasonable delay under s.48 and the delay exclusion 10.25
  • proximate causation 2.8–2.21
    • altering rule 2.34–2.35
    • applying Leyland to delay cases 2.11
    • ‘arising from delay’ 2.34
    • capture, seizure, arrest, restraint or detainment 2.21
    • ‘caused by delay’ 2.35
    • civil unrest 2.22
    • deprivation perils and delay 2.19
    • general overview 2.8
    • following Leyland 2.9–2.10
    • inherent vice and delay 2.17–2.18
    • Lansana Fruit 2.12–2.16
    • Norwich Union 2.12–2.16
    • perils of the sea and delay 2.16
    • terrorism 2.22
  • reasonable despatch clause see avoidance of delay clause
  • reasonable time
  • repairs
    • delay in carrying out and increased cost of 7.6–7.8
    • expenses incurred during 7.9–7.17
    • fuel and stores and port charges occurring in general average 7.16
    • fuel and stores and port charges occurring other than in general average 7.17
    • losses proximately caused by delay 7.9
    • wage and maintenance expenses arising during repairs at port of refuge 7.10–7.14
    • wage and maintenance expenses arising during repairs other than in general average 7.15
    • wage and maintenance expenses under common law 7.10–7.13
    • wage and maintenance expenses under York-Antwerp Rules 7.14, 8.15
  • risk
    • alteration of at commencement of voyage 9.31–9.49
    • see also alteration of risk
    • delay after risk has attached, before voyage commences 9.28–9.30
    • see also post-attachment of risk delay
    • delay before risk attaches 9.2–9.27
    • see also pre-attachment of risk delay
    • implied condition as to commencement of 9.1–9.49
    • see also implied conditions
    • peril, and 1.4
    • pre-contractual non-disclosure of circumstances which may result in delay 9.7–9.12
    • see also pre-contractual non-disclosure
  • Rotterdam Rules 3.2
  • sale contracts
  • salvage
    • delayed delivery, and 3.19
  • slaves and slavery 2.3–2.4, 2.17, 10.17
  • standard form policies
    • exclusion from, delay 1.10, 2.2
    • loss of time and hire 8.2
    • project cargo and marine delay 5.1–5.2
  • voyage charterparty
    • freight loss 6.35
    • frustration by excessive delay 6.32
    • loss of time clause 6.11
  • York-Antwerp Rules
    • loss of market caused by delay and general average 4.7–4.9
    • wages and maintenance expenses arising during repairs at port of refuge 7.14, 8.15

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