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Key Divergences in the Law of Marine Insurance Between English & American Law by Thomas J. Schoenbaum,

Key Divergences in the Law of Marine Insurance Between English & American Law by Thomas J. Schoenbaum,
From the time of Elizabeth I in the second half of the sixteenth century, London has dominated the marine insurance markets. This led the English to develop a law of marine insurance as well: a Chamber of Assurances was established in England in 1575, and the law of marine insurance, rooted in custom, developed through the cases decided by the courts. In the United States, marine insurance underwriting began in the eighteenth century, although British firms continued to dominate. The American law of marine insurance took its cue from English law; English legal precedents were cited routinely in American courts. For fifty years after the English law was codified in the Marine Insurance Act 1906 (MIA), it could truly be said that there was a unified Anglo-American law of marine insurance, and that English law was part of the "general maritime law" of the United States. The unity of the Anglo-American law, which was so beneficial to the functioning of the international marine insurance industry, was broken abruptly in 1955 by the decision of the United States Supreme Court in Wilburn Boat v. Fireman's Fund Insurance Co., a case that created controversies over the uniformity of the law, which have yet to subside. The purpose of this work is to explore the extent of the breakdown of the uniformity of the law and to point to its cure.



This Old Boat by Don Casey,
This Old Boat by Don Casey,
Let's say you're a typical low-paid working stiff. You've sailed small boats all your life, you've saved a little money--you're finally ready for a "real cruising boat. You drop in on Tadd, your friendly neighborhood yacht broker, who is more than happy to sell you that brand-new Trickledown 32 for only $90,000, plus a few optional extras like anchors, sails, cushions, a compass, instruments--stuff like that; say, $115,000 ready to sail. "One hundred and fifteen thousand . . . "dollars?" "Not to worry," says Tadd. "Only 20% down and 10 years of easy payments and you're off into the sunset. Let's see, that's $23,000 down and, at 10% interest, only $1,215.79 per month--plus insurance of course. Send me a postcard from Tahiti." ""How much per month? That's half my salary! Don't you have anything in "my price range?" Tadd glances conspicuously at his Rolex, sighing, and points to a characterless Clorox jog with a spindly mast--a hyperthyroid daysailer with bunks for the seven dwarfs; NOT what you had in mind! And then you see it, in the back of the yard, varnish hanging in strips off weather-beaten trim, rigging frayed, sails ripped and stained, dank interior with dangling wires and scurrying anonymous inhabitants. But underneath all the squalor you see the lines of a real cruising boat--a sturdy hull with a sprightly sheer from the pen of a Philip Rhodes or a Tom Gillmer--a fiberglass boat built back when craftsmanship still "meant something. You remember when you bought your house--it looked a lot like this boat, and you and your all-thumbs husband managed to breathe life into "it over time, painting, papering, spackling--"lots of spackling. This boat has"possibilities. "How much?" you ask. "You're kidding, right?" says Tadd, flicking a bit of cobweb from his spotless Breton Reds. "Take it for, say, $8,000?" Sold. Well, now you've got it home, but Bob and Norm aren't there every weekend to help guide you through "this restoration.



Property insurance - Property insurance provides protection against risks to property, such as fire, theft or weather damage. This includes specialized forms of insurance such as fire insurance, flood insurance, earthquake insurance, home insurance or boiler insurance.

Chubb Corporation - Chubb Corporation, based out of Warren, NJ, is an American insurance company with approximately 11,800 employees as of Dec 2004.

General insurance - General insurance policies, including automobile and homeowners policies, provide payments depending on the loss from a particular financial event. General insurance typically comprises any insurance that is not determined to be life insurance, and is called property and casualty insurance in the U.

Commerce National Insurance - Commerce National Insurance, Commerce National Insurance Services, or Commerce Insurance Services is the insurance subsidiary of Commerce Bancorp and maintains its headquarters in Cherry Hill, New Jersey. Commerce National is one of the 25 largest insurance agencies in the United States, and is licensed in all 50 states.



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