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MARINE INSURANCE - SCHOOL OF LAW

$10-30 USD

Terminado
Publicado hace alrededor de 9 años

$10-30 USD

Pagado a la entrega
COURSE - WORK It will be 2200 words and with referances in academic format in English. It will be evaluated in Turnitin Web Site. There will be no copy - paste. It must be finish in 3 days. All information is in below. Facts Alfie, a wealthy businessman, approached a local broker, Tinky Brokers Co, with a view to obtaining insurance cover for a pleasure yacht, the Sea Queen, which he had recently purchased from an Italian businessman for £1 million. Following the delivery of the vessel, Alfie decided to have the yacht refurbished and he spent £1 million to this end. Apart from upgrading the contents, a jacuzzi was placed on deck and one of the cabins was converted into a steam-room. Alfie also appointed Tosote Adabe as master of the Sea Queen. Adabe was something of an adventurer who had served for a time in the Navy of Ruritannia and was consequently on the “Death List” of the Red Guard, an extreme, semi-official, patriotic organisation fighting against the government forces in Ruritannia. This fact was brought to the attention of Alfie by one of his friends but he did not pay attention to it, neither did he disclose this to anyone. Both Alfie and his family were very keen on their new yacht and Alfie wanted to obtain the best insurance cover money can buy. The details of the refurbishment work were disclosed to the manager of Tinky Brokers Co and the parties agreed to insure the vessel for £3 million. Tinky Brokers Co is, in fact, a subsidiary of Elsi Ltd, a Lloyd’s broker, which holds a binder from a Lloyd’s underwriter. Elsi Ltd issued a policy under this binder on behalf of the Lloyd’s underwriter for £3 million covering the yacht against various marine risks: ‘perils of the seas, fire, explosion, theft, piracy and latent defect in the machinery or hull’. The manager of Tinky Brokers Co mentioned that the vessel was an expensive toy of a rich family and she had recently been refurbished but did not elaborate on the issue any further. No further question was asked by the representatives of Elsi Ltd. A few months later, the vessel sank in good weather while moored at the marina. The loss adjusters instructed by the Lloyd’s underwriter discovered that large sections of the Sea Queen’s hull peeled off because it was subjected to constant temperature changes in recent months. It is the view of the loss adjusters that the pipes recently laid to carry hot water to the steam room and jacuzzi played a significant role in this outcome. Lloyd’s underwriters denied liability on the basis that the loss was not caused by a peril insured against under the policy. There were also allegations of breach of the utmost good faith duty on the part of the assured and his agents. Following the incident, the underwriters became aware of plans of the Red Guard to blow up the Sea Queen when captain Adabe was on board. Answer (a), (b) and (c) a) Can Alfie recover under the policy? If not, are there remedies available to him against other parties involved in the relevant insurance transactions? b) Would your answer be different if Alfie had purchased the Sea Queen with the intention to chartering to his clients on a short term basis and was obtaining insurance cover for it as the Director of the single ship company owning the Sea Queen? c) Would your answer to (b) be different if the Marine Insurance Act 1906 had been reformed along the lines stipulated in the Insurance Bill 2014, which is currently considered by the House of Lords?
ID del proyecto: 6949273

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23 propuestas
Proyecto remoto
Activo hace 9 años

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Bandera de TURKEY
İstanbul, Turkey
4,8
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Miembro desde ene 7, 2015

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