Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of International Law of The Sea, as restated by Chakaravarthi Thillainathan, will be explored in the following 16 parts. Pre-UN development of the law of the sea Introduction We know…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. Rights Of Third Parties Third Parties An insurance contract is a contract between the insurer and the assured. The indemnity payable to the…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. The Insurer’s Right To Contribution Double Insurance The insurer is entitled to a contribution from another insurer who has insured the same risk…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. Insurer’s Right Of Subrogation Upon Payment Introduction To Subrogation Subrogation is a concept with a wide application within and outside contracts of insurance….

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. The measure of indemnity: constructive total loss (CTL) Definition of a constructive total loss A constructive total loss (or a ‘CTL’) is a…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. The Measure Of Indemnity: Actual Total Loss (ATL) Types of total loss There are two kinds of total loss in marine insurance law…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. The Measure Of Indemnity: Partial Loss The principle of indemnity By a contract of indemnity insurance, the insurer undertakes to hold the assured…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. The Sue And Labour Clause (Mitigation Of Loss) The Sue And Labour Clause The ‘sue and labour’ clause in the SG form of…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. Causation The proximate cause In order to be indemnified for a loss under a marine insurance policy, it must be established that the…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. Excepted Risks Excepted perils Generally, but not always, an excepted peril is a peril which would be included within an insured peril and…