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Title: Research on open covers in English law of marine insurance
Author: Aric, Zuhal
ISNI:       0000 0004 2744 8817
Awarding Body: University of Southampton
Current Institution: University of Southampton
Date of Award: 2009
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Open covers have been widely deployed in the London marine insurance market for many years, even though a significant number of legal issues arising out of their use still needs to be resolved. Not surprisingly, the law concerning open covers is very much alive and open to further development. Given that, quite remarkably, no research study has been done specifically on those particular covers to date; this thesis is aimed at making good that deficiency. To ensure that observation is made over the whole picture in respect of the open covers and to produce a comprehensive guide to the legal complexity arising out of the association between them and their subsequent individual declarations, the complete thesis will comprise five chapters: 60 l Chapter 1 will provide historical information and development background of open covers and also will set out the main differences in the operation of floating policies and open covers which were derived originally from the former. Chapter 2 will illustrate (1) how and why the legal nature of an open cover impacts on the parties' rights, obligations, privileges and immunities, and (2) how and why the formation of an open cover plays a key role in the determination of proper nature. Chapter 3 will shed light on the applicability of the duty of utmost good faith to open covers by explaining the doctrine of utmost good faith within the general law of insurance and then clarifying whether the duty is enforceable pertaining to the covers themselves or only pertaining to subsequent policies individually. Chapter 4 will explore the agency status of insurance brokers in the context of open covers. To this end, it focuses, first, upon giving the general definition of insurance broking, secondly, describing the use and performance of the brokers in the procurement process, currency and claims process of open covers, and lastly the measure of damages recoverable from the brokers. Chapter 5 will discuss conflict of laws in open covers, and in particular problems of jurisdiction and choice of law where the open cover and declarations under it are potentially governed by different regimes. Finally, the legal and practical issues that have been identified, and their suggested solutions will be summarised in the conclusion.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available