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Lloyd's Maritime and Commercial Law Quarterly

BOOK REVIEW - MARINE INSURANCE CLAIMS

J. K. Goodacre

“MARINE INSURANCE CLAIMS”. A.C.I.I. (Witherby & Co. Ltd., London, £10.50).

Not since the invaluable and concise Lindley & Saunders (out of print for many years) has a handbook devoted to marine insurance claims been available for study or reference. Now Mr. J. K. Goodacre, A.C.I.I., well known for his articles in the Shipping Press under the nom de plume of “Emerson”, has filled the gap. Perhaps it is a reflection of the increasing sophistication of the subject that whereas the former work provided a practical outline on the adjustment of claims in a slim volume, Mr. Goodacre’s book, excluding appendices, runs to 681 pages.
The explanation is not hard to seek. Recognising that a basic knowledge of marine insurance and an understanding of maritime affairs are necessary before venturing into the troubled waters of marine insurance claims, Mr. Goodacre first takes us for a little trip around the harbour, so to speak, to accustom his readers to their new environment. Indeed, the opening chapter, on the organisation of the claims market, forms an instructive introduction to an intricate subject, which should allay the fears of many an aspirant.
Unfortunately, one consequence of this comfortable approach is to dilute the beverage. The very necessary practical examples, without which an understanding of adjustment is well-nigh impossible, are not reached until nearly mid-way through the book, by which time the student might be forgiven for turning to Templeman for his initiation into the subject.
This would be unfortunate, for the contents will repay careful study. Although, as the author notes in his Preface, the book is not “a legal tome”, and the lawyer or average adjuster will still need to turn to Arnould or Lowndes (or his own precedents) for guidance, the fact that it has no pretention to authority does not detract from the value of the book to prospective students and day-to-day practitioners. Chapter VIII, for example, dealing with P. A. claims on cargo, is admirably concise and informative, and the sections for which the author acknowledges the assistance of outside experts, namely on Lloyd’s Form of Salvage Contract, and on Yacht Claims, contain a good deal of material not available in any comparable text-book.
The reader should, however, be cautioned against placing too much reliance upon the chapters dealing with hull claims. Although excellent in outline, there are matters of emphasis which in the reviewer’s opinion are misplaced, and at least one regrettable error in the interpretation of an Adjusters’ Rule of Practice. Some of these may be explained by the fact that certain recent reports may not have reached the author in time for him to amend his text—which only goes to show that marine insurance is, after all, a living subject! For example, in commenting on Clause 12 of the Institute Time Clauses, Hulls, 1/10/70, by which a deductible franchise is applied to the aggregate of claims “arising out of each separate accident or occurrence”, no reference is made to the recommendations of the Special Committee comprised of Average Adjusters and Shipowners’ and Underwriters’ representatives, which were accepted by the market as providing useful guidelines to the interpretation of those words. Again, in treating of dry dock charges, the author falls into the trap of discussing the cases decided in collision actions (The Chekiang, The Carslogie and so on) as on all fours with the cases concerning underwriters’ liability (The Vancouver and The Ruabon) and does not refer to the report of the Special Committee responsible for re-framing Rule of Practice D5, which specifically warned against such assumption. Furthermore, under paragraph 4 of this Rule of Practice, in determining whether a policy franchise is attained, the whole cost of drydocking is to be taken into account, except when owners’ repairs are immediately necessary for seaworthiness (under paragraph 2(a)), whereas the author’s example on page 223 halves the ranking cost of dry dock charges for franchise purposes, on the grounds of deferment until a routine drydocking (paragraph 2(b)).

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