The Spencer Company
Average Adjusters and Marine Insurance Consultants
For material on General Average, please switch to The GA Page. The material on this page is papers and notes collected over the years that might be of more use posted here than kept in the back of a filing cabinet.
CARGO INSURANCE ISSUES
- Old commentary on Sanday v. British & Foreign emphasizing its significance as support for the principle that the cargo policy insures the voyage as well as the merchandise
HULL INSURANCE ISSUES
-Latent defect, defective design, etc.
- 1949 National Bulk Carriers v. American Marine Hull Insurance Syndicate (1949 AMC 340); New York arbitration
- 1951 Kenneth Thibert v. Unioninsurance of Canton (1951 AMC 1661); Seattle arbitration
- 1972 Miller v. Irwin (455 F.2d 827); Fifth Circuit Court of Appeals case
- 1997 "The Nukila" - Promet Engineering v. Sturge ([1997] 2 Lloyd's Rep 146) Court of Appeal, London
- Undated "What is a latent defect?"; commentary by English average adjusters Harvey Ashby (whose "Averagium" publication always rewards perusal)
- Undated, circa 2003 Hull Insurance of "Latent defects"- i.e. Errors in Design, Material or Workmanship; paper by Prof. Trine-Lise Wilhelmsen
- January 16th 03 The New International Hull clauses: The Claims Practitioner's Viewpoint; transcript of seminar held by The Association of Average Adjusters Speakers; Tim Madge - Peter McIntosh - Tim Taylor - Michael Harvey - Richard Cornah
- January 29th 03 The International Hull clauses; notes from a panel discussion under the auspices of The London Shipping Law Centre Speakers; Peter McIntosh - Tim Taylor - Michael Harvey - Rudy Konig - Matheos Los (Also contains the ICS 1/11/02)
UNIFORMITY IN MARINE INSURANCE LAW
This is a topic that the CMI has taken up with interesting results. The ball got rolling with a questionnaire to national MLAs, issued in April 1999. Papers available here are:
- April 1999 Canadian MLA response to the CMI questionnaire on the topic
- May 1999 US MLA response to the CMI questionnaire
- December 2000 (approx.) Prof. Trine-Lise Wilhelmsen - Duty of disclosure, duty of good faith, alteration of risk and warranties
The Australian Law Reform Commission also produced a most comprehensive review in 2001. Also see the Australia and New Zealand MLA's comments September 1999 comments on the ALRC's proposals for reform.
WAR RISKS
- Undated, late 1940's "War Risk Insurance" Paper by Harry C. Thorn of Insurance Company of North America
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Revised: 09/29/08