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Fortuity in the law of marine insurance

Bennett, Howard


Hind Professor of Commercial Law


This article addresses the meaning and significance of the concept of fortuity within the law of marine insurance. Voluntary conduct, naturally occurring losses and inherent vice, and inevitable losses are analysed, highlighting both the variable role and varied meanings of fortuity and considering the extent to which fortuity represents a presumption as to the interpretation of insurance contracts or an absolute restriction on the scope of insurance.


Bennett, H. (2007). Fortuity in the law of marine insurance. Lloyd's Maritime and Commercial Law Quarterly,

Journal Article Type Article
Acceptance Date Jan 30, 2007
Publication Date Jan 1, 2007
Deposit Date Jun 28, 2016
Publicly Available Date Jun 28, 2016
Journal Lloyd's Maritime and Commercial Law Quarterly
Print ISSN 0306-2945
Electronic ISSN 0306-2945
Publisher Informa Business Intelligence
Peer Reviewed Peer Reviewed
Keywords fortuity, marine, insurance, all risks, voluntariness, wilful misconduct, unseaworthiness, perils of the sea, inherent vice, latent defects, leakage, inevitable loss
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Fortuity in the Law of Marine Insurance 2007 LMCLQ 315.pdf (655 Kb)

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