Author: Tan Pui Yen

Home Tan Pui Yen

Insurer’s Right of Subrogation Upon Payment

Insurer’s Right Of Subrogation Upon Payment  1. Introduction To Subrogation Subrogation is a concept with a wide application within and outside contracts of insurance. It has its foundations in Roman law. Subrogation is largely an equitable (as opposed to a common law) doctrine, although there appears to be some support for the view that there...


The measure of indemnity: constructive total loss (CTL)

The measure of indemnity: constructive total loss (CTL) 1. Definition of a constructive total loss A constructive total loss (or a ‘CTL’) is a concept known only to marine insurance law. Section 60(1) MIA defines a CTL in the following terms: ‘subject to any express provision in the policy, there is a constructive total loss...


Dispute Settlement Mechanism in the Law of the Sea

Dispute settlement mechanism in the law of the sea 1. Background to the dispute settlement mechanism Traditionally, provisions for the settlement of disputes arising out of an international treaty are contained in a separate optional protocol, giving parties to the treaty the opportunity to choose to be bound by those provisions by accepting it, or...


International Seabed Authority

International Seabed Authority 1. Institutional structure of the International Seabed Authority The Authority is comprised of three principal organs: a) an Assembly made up of all members of the Authority and entrusted with the powers to set general policy b) a Council with powers to make executive decisions, made up of 36 members elected from...



Causation 1. The proximate cause In order to be indemnified for a loss under a marine insurance policy, it must be established that the loss: was proximately caused by an insured peril was not proximately caused by an excepted or excluded peril. The requirement that the loss has been proximately caused by an insured peril...