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Lloyd's Maritime and Commercial Law Quarterly

BOOK REVIEW - ANNOTATED MARINE INSURANCE LEGISLATION

ANNOTATED MARINE INSURANCE LEGISLATION. R. Merkin, LL.B., LL.M., Professor of Commercial Law, Cardiff Law School; Consultant, Wilde Sapte. LLP, London (1997) xxxix and 270 pp., plus 10 pp. Index. Paperback £77.
Characteristic of marine insurance law is the fact that, formally at least, it is by and large the product of legislative enactment. This was so in Continental legal systems from soon after the emergence of the insurance contract in its modem form. It is also the position in English law, despite the fact that the legal system is generally uncodified. The Marine Insurance Act of 1906 (“M.I.A.”) is one of the prime examples of the Victorian codification of English commercial law. It has been so successful a piece of legislation that it has remained largely unamended for almost a century. It also finds application, either directly through legislative re-enactment, or indirectly by way of an appropriate choice-of-English-law clause, in more jurisdictions than any other comparable regime. Characteristic of all codifications is the fact that they are served by commentaries which guide not only practitioners and students of the law but also the courts. The MIA is no exception. Apart from a number of excellent textbooks on marine insurance law generally, there is also the well-known commentary, originally compiled by the draftsman of the Act, Sir Mackenzie Chalmers. However, although periodically updated (the 10th edition appeared in 1993), Chalmers’ Marine Insurance Act 1906 now clearly shows its age. Marine insurance lawyers will therefore welcome a new and up-to- date annotation of the MIA and other relevant legislation. The more so given the fact that the commentary has been written by Robert Merkin, well known as a prolific author of fine texts on insurance law.
Annotated Marine Insurance Legislation does not disappoint. It is an excellent and accessible guide, not only to the MIA and other related legislation, but to the law of marine insurance generally. Not only are the sections of the MIA annotated and commented on chronologically, but the author throughout places each section in context by cross-references to other relevant sections and, importantly, by references to the Institute Clauses (these are reproduced by way of appendices to the work) which may find application and alter the law as provided for in the non-mandatory provisions of the Act. The notes on each of the sections of the MIA are incisive, critical and illuminating. The common law origin of each section is traced and the practical effect and import of the section then explained and illustrated with reference to decisions in which it arose for consideration. The notes on the longer, more complex sections of the Act are divided into paragraphs, often according to the subsections, a necessary device given that the notes themselves are finely printed and often rather lengthy. These notes provide a wealth of information and insight. They also provide a largesse of

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