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Index

Insurance Law Implications of Delay in Maritime Transport

Page 205 Index Index abandonment voyage 9.40 unreasonable delay 9.40 abnormal delay 1.15 proximate causes 2.17 , 2.25 advance loss of profits insurance see delay in start-up (DSU) insurance ‘all risks’ policies 1.17 loss of market value, and 3.30 alteration of risk 9.31 – 9.49 consequences 9.41 – 9.45 justifiable delays 9.46 – 9.47 limits to 9.46 – 9.47 reasonableness 9.36 – 9.37 relation of justifiable and unreasonable delays 9.48 – 9.49 types 9.34 unreasonable delay 9.35 – 9.39 unreasonable delay amounting to abandonment 9.40 assured control of, beyond the see ‘delay beyond the control of the assured’ control of, within the 1.18 – 1.19 , 9.13 – 9.14 delay in making repairs 8.21 duties of, subsequent to delayed delivery of goods 3.19 duty to act with reasonable despatch 10.59 – 10.77 excessive delay and knowledge 10.24 knowledge 1.21 mitigation of losses and loss of time 8.19 – 8.22 avoidance of delay clause 10.59 – 10.77 burden of proof 10.74 – 10.76 ‘delay beyond the control of the assured’ 10.62 – 10.65 operation of clause 10.72 – 10.76 ordinary course of transit 10.66 – 10.68 post-casualty situations 10.69 – 10.71 scope 10.61 – 10.70 section 48, and 10.72 – 10.73 section 49 excuses, and 10.77 warranty, whether clause operates as 10.74 – 10.76 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 in delivery 3.2 – 3.4 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’ avoidance of delay, and 10.62 – 10.65 justification for delay, and 10.57 – 10.58 prolonged detention of goods 10.54 third parties, and 10.56 transit clause, and 10.52 – 10.56 delay in start-up (DSU) insurance 5.1 – 5.22 contractors 5.5 duration of risks 5.9 – 5.10 duty of insured clause 5.14 – 5.22 duty to act with reasonable Page 206 dispatch 5.19 – 5.22 exclusions 5.12 – 5.13 indemnifiable claim 5.9 ‘insured’ 5.3 – 5.6 lenders 5.8 measure of indemnity 5.11 mitigation of loss 5.15 – 5.18 purpose 5.1 recoverability of mitigation expenses 5.15 – 5.18 scope of cover 5.9 site owners 5.4 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 delay, and 2.19 – 2.22 frustration 6.14 loss of market value, and 3.28 irretrievable 3.7 partial loss 2.19 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 delay, and, 2.17 – 2.18 rationale 1.2 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 justifiable delays 10.26 – 10.35 excuses for alteration of the risk and not for breach of warranty 10.30 – 10.32 excuses other than under s. 49 10.33 excuses under s. 49 10.26 – 10.29 lawful excuse 10.27 unreasonable delay, and 9.48 – 9.49 usage of trade 10.34 – 10.35 Page 207 last cause in time rule 2.7 liberty clauses 10.6 – 10.9 loss, meaning 1.1 cause of 1.5 certainty 1.21 likelihood 1.6 naturally occurring 1.11 – 1.17 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 importance of delay 2.3 , 2.12 natural loss, as 1.12 storage 1.14 , 3.20 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 Page 208 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 implied condition, as 9.1 , 9.34 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 loss of 3.35 – 3.36 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 temporarily missing goods and delay 3.16 – 3.18 reasonable time 3.16 time limits 3.16 – 3.18 terrorism 2.22 transit delay, in 3.1 , 3.25 , 4.1 , 4.13 expiry of 10.40 – 10.43 interruption 10.38 – 10.39 normal/ordinary course of 1.13 , 5.21 see also ordinary course of transit termination of, covered by peril 4.15 unreasonable delay common law authorities 10.17 – 10.23 delay exclusion 10.25 delay must be 9.35 – 9.39 justifiable delays, and 9.48 – 9.49 see also justifiable delays justification for 9.40 length of delay 10.17 – 10.23 prosecution, in 10.16 – 10.35 purpose of delay 10.23 reasonableness 9.35 reasonable time commencement 9.39 remedy of avoidance 9.37 under s.48 10.25 voyage charterparty freight loss 6.35 frustration by excessive delay 6.32 loss of time clause 6.11 wilful conduct of the assured 1.11 , 1.18 – 1.19 non-fortuitous event 1.20 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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