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Thursday, May 9, 2019

INSURANCE LAW Coursework Example | Topics and Well Written Essays - 5000 words

INSURANCE LAW - Coursework Example..... ts pursuant to which shares are proportioned among members to provide round topage of the managements expenses and contemplated claims that will likely arise. Pagonis explains In theory, the clubs pass back to the shipowners the benefit of a good underwriting year by reduced or returned premiums. In practice, the shipowners are usually asked to pay back calls in order to cover expenses and claims that were not foreseen in the budget.12 The primary purpose of P&I Clubs is to provide indemnity indemnification as opposed to liability insurance. Even so, shipowners amount P&I Clubs primarily to provide insurance in a variety of risks that are not provided for by virtue of H&M insurance policies.13 Shipowners join P&I clubs based on the principle of mutuality the joint, shared or reciprocal justification against losses.14 Since P&I Clubs are by their nature not conventional insurance providers, moreover rather indemnity and protection organiz ations, there is some doubt as to whether or not maritime insurance actions can be apply against P&I Clubs. In The Alloborgia, the House of Lords ruled that P&I Clubs can be applied to the Third Parties Act but could only be applied in terms of indemnity relative to risks covered.15 P&I Clubs function under their own regulative framework which governs the members relationships and the relationship between the club and the members and are generally viewed as a core vary of the applicable insurance policy. For this reason, direct actions against P&I Clubs are prescribed by reference to specific statutory terms.16 Moreover, direct action against P&I Clubs are subject to the tortfeasors experimental condition as member of the Club and the Clubs rules as well as the clauses contained in the insurance policy.17 P&I Clubs will

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