Fortuity in the law of marine insurance

Bennett, Howard

Abstract

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.

Citation

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: 2329-8472
• 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
• Public URL: https://nottingham-repository.worktribe.com/output/1017200
• Related Public URLs: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1092806
• Contract Date: Jun 28, 2016