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3 Courses

Year 3

INSC4107 MARINE AND AVIATION INSURANCE

Objective : To develop in the candidate;
- A knowledge and understanding of the legal principles of marine and aviation insurances
- An understanding of the world market of marine and aviation insurance
- A knowledge and understanding legal framework for marine and aviation insurance
MARINE AND AVIATION INSURANCE COURSE OUTLINE UPDATED

Objective : To develop in the candidate;
- A knowledge and understanding of the legal principles of marine and aviation insurances
- An understanding of the world market of marine and aviation insurance
- A knowledge and understanding legal framework for marine and aviation insurance

Part 1 - MARINE INSURANCE

Chapter 1 - INTRODUCTION
A - CONCEPT OF MARINE INSURANCE
1 - Insurable Interest
2 - General average
3 - Floating policy
4 - Double insurance
B - LEGAL ELEMENTS OF MARINE INSURANCE
C - THE LEGAL FRAMEWORK FOR MARINE INSURANCE
1 - Legislative framework of marine insurance in England
2 - Legislative framework of marine insurance in France
3 - Legislative framework of marine insurance in USA
4 - Legislative framework of marine insurance in Canada
5 – Legislative framework of marine insurance in Cameroon
D – HISTORY AND DEVELOPMENT OF MARINE INSURANCE AND ITS MARKET
1 - HISTORY AND DEVELOPMENT OF MARINE INSURANCE
2 - MARINE INSURANCE MARKET
E – Evolution of world trade and is effect on marine insurance
D - Field of marine insurance
1 - Activities related to navigation
2 - Excluded activities
E - Guarantees offered by the global maritime insurance market
1 -Hull insurance
2 - Goods insurance
3 - Liability insurance

Chapter 2 - ACTORS OF MARINE INSURANCE
A - THE ACTORS IN THE INSURANCE CONTRACT
1 - An insurer
2 - An insured
B - INSURANCE INTERMEDIARIES AND EXPERTS
1 - A broker
2 - The marine insurance company agent
3 - Marine damage commissioners
4 – An adjuster
5 - Insurance consultants

Chapter 3 - ELEMENTS OF MARINE INSURANCE
A - INSURED VALUE
1 - Determination of insured values
a) Hull insurance
b) Goods insurance
c) Liability insurance
d) Other insurance
2 - Insurable interest
a) Damage caused to the insured
b) Values of insured property
B - MARITIME RISKS
1- Causes of the risks
2- Time and place of risks

Chapter 4- MARINE INSURANCE CONTRACT
A - CHARACTERS, CONTENT OF THE INSURANCE POLICY
1 – Characters
2 - Content of the insurance policy
B– COMMON RULES OF MARINE INSURANCE
1 - The parties to the contract
a) An insurer
b) An insured
2 - Conditions of validity of the contract
a) Reluctance and false declarations
b) The existence of the risk
3 - Forms and proof of the contract
C - SPECIAL RULES

Chapter 5- THE OBLIGATIONS OF THE INSURED
A - REPORTING OBLIGATIONS
B - DUTY OF REASONABLE CARE
C - PAYMENT OF THE PREMIUM
D - OBLIGATIONS IN THE EVENT OF A CLAIM
1 - Obligations of prevention and conservation
a) Preservation and rescue of insured items
b) Retention and exercise of remedies
c) Sanctions
2 - Recognition and repair of damage
a) Claim declaration
b) Recognition and compensation for damage

Chapter 6 - THE OBLIGATIONS OF THE INSURER
A - RISK COVERAGE
1 - Exclusions of certain causes of loss
a) Clean vice
b) Intentional or inexcusable faults
c) Risks of war and similar risks. Atomic risk
2 - Exclusions of certain types of damage
a) Material loss and damage
b) Fresh damage
c) Recourse by third parties
B - COMPENSATION SETTLEMENT
1 - Damage settlement
a) Indemnity in hull insurance
b) Indemnity in goods insurance
2 – Abandonment
a) Abandonment assumptions
c) Effects of abandonment

Chapter 7 - VALUATION AND THE MEASURE OF INDEMNITY IN MARINE INSURANCE CONTRACTS
A - VALUED AND UNVALUED POLICIES
B - THE MODE OF CALCULATION
C - TOTAL LOSSES AND THE MEASURE OF INDEMNITY
1 - Total losses and the measure of indemnity in England
2 - Total losses and the measure of indemnity in France
3 - Total losses and the measure of indemnity in the USA
D - PARTIAL LOSSES AND THE MEASURE OF INDEMNITY
E - GENERAL AVERAGE LOSSES AND THE MEASURE OF INDEMNITY

Chapter 7 - LEGAL ACTIONS ARISING FROM THE INSURANCE CONTRACT
A - PRESCRIPTION
1 - Interruption and suspension of prescription
2 - Prescription and "insurance on account"
B - COMPETENT COURTS
C - EXERCISE OF RECOURSE BY THE INSURER: THE DOCTRINE OF SUBROGATION
1 - Legal subrogation
a) Verification of the conditions of legal subrogation
b) Payment of Indemnity by insurer
c) Payment done under the insurance contract terms
2 - Contractual subrogation
a) Transfer of rights
b) Scope of the subrogated insurer's recourse

PART 2 - AVIATION INSURANCE

Chapter 8 - LIABILITY INSURANCE
A - PASSENGER LIABILITY INSURANCE
B - LIABILITY INSURANCE FOR GOODS AND LUGGAGE
C - THIRD PARTY LIABILITY INSURANCE
D - CIVIL LIABILITY INSURANCE FOR AERODROME OPERATORS

Chapter 9 - INSURANCE OF PERSONS TRAVELLING BY AIR

Chapter 10 - DAMAGE INSURANCE: AIRCRAFT BODY INSURANCE