Description
(Short description)
Were life and fire insurance simply offspring of marine insurance? The present study analyses the historical development of marine, life and fire insurance and comes to the conclusion that life insurance was indeed offspring of marine insurance. The development of fire insurance followed, however, a different path. Nevertheless, it is clear that many of the differences, which existed in the beginning, were levelled out in the course of the development towards a general insurance contract law.
(Text)
This book addresses the question whether English insurance law is in its entirety rooted in marine insurance. English literature and case law indeed assert that life and fire insurance are nothing more than offspring of marine insurance. To describe life and fire insurance law as offspring of marine insurance suggests that the legal rules and principles as developed in the context of marine insurance were simply transferred as a whole to life and fire insurance. However, it is possible that the legal development happened differently. There could rather have been a convergence of the different legal regimes. To speak of a gradual convergence suggests that marine insurance law was transposed into life and fire insurance law only where appropriate. By analyzing this research question, the book unfolds the roots of modern insurance business in England as well as the evolution of English insurance law.
(Table of content)
1. IntroductionState of Research - Research Question: Offspring or Gradual Convergence? - OverviewPart I: The Historical Development of Insurance2. Marine InsuranceLombard Street in London - The First Known Marine Insurance Policies - The Book of Orders - The Chamber of Assurances - An Act Concerning Matters of Insurance Among Merchants - The Development of Marine Insurance Offices3. Life InsuranceFirst Known Life Insurance Policies - Bubble Schemes - The Development of Life Insurance Offices4. Fire InsuranceBarbon's Fire Office 1667 - Corporation of London 1681 - Hand in Hand Mutual Fire Office 16965. ConclusionPart II: The Doctrinal History of Insurance Law6. Essential Elements of Insurance ContractsInsured and Insurer - Subject Matter - Duration of Insurance - Risk - Premium - Conclusion7. Insurable InterestThe Principle of Indemnity - Marine Insurance - Life Insurance - Fire Insurance - Conclusion8. WarrantiesWarranties and Representations - Marine Insurance - Life Insurance - Fire Insurance - ConclusionPart III: Summary9. SummaryArchival Sources, Other SourcesBibliographyIndex
(Author portrait)
Sinem Ogis obtained her LL.B. at Yasar University (Izmir, Turkey) in 2013 where she triumphed as third ranked in her Law Faculty. In 2013, she was awarded the Best Student of Yasar University 2013 Prize and a Jean Monnet Scholarship supported by European Union. In 2014, she completed an LL.M. in Maritime Law at the University of Southampton with a dissertation on powerships. From 2015 to 2018, she was a research assistant at the University of Augsburg as part of the ERC-funded project »A Comparative History of Insurance Law in Europe« and wrote her Ph.D.-thesis on the history of English insurance law. Sinem Ogis speaks Turkish, English, Italian and German and she is a qualified lawyer in Turkey.
