* Commercial Insurance Law: Emerging Trends and New Perspectives

NOT YET PUBLISHED

For commercial organisations, certainty and stability are essential. Yet unexpected events—and shifting economic or geopolitical conditions—frequently pose serious risks. One of the most effective tools for mitigating such risks is insurance. This edited volume explores key developments in commercial insurance law, examining both doctrinal issues and their relationship with real-world market practice. It also addresses emerging trends, offering a contemporary perspective on how insurance law is evolving in response to legal, technological, and global changes. The discussion ranges across national and international contexts.

The book is divided into four parts. The first parts analyse recent statutory and judicial developments in English law, assessing their impact on market practice. The authors also explore niche insurance sectors and comparative law perspectives. The third part focuses on technology-driven developments and the legal questions they raise. The final part addresses post-settlement issues, such as subrogation and the rights of assignees. In this area, longstanding principles have recently been tested in courts, yielding some unexpected—and practically significant—outcomes.

Commercial Insurance Law is for lawyers and administrators not only in England and Wales but worldwide, including international commercial centres such as Germany, Switzerland, Greece, Canada, Australia, New Zealand, China, Hong Kong, Singapore and India. It will also be of interest to specialist law libraries in Europe and the USA, specialist maritime law firms in the USA, and university libraries where maritime and shipping law are taught as specialist subjects.

table of content

PART I- MARINE INSURANCE:EMERGING AND PRACTICAL ISSUES

CHAPTER 1- Direct Claims against Marine Insurers

Neil Henderson

CHAPTER 2- From Salvage to Wreck Removal -- The Uncertain Transition from H & M to P & I Richard Sarll

CHAPTER 3- The 2023/24 Red Sea Attacks- Highlighting the Blurred Lines of War (Risks)

Michael Biltoo

CHAPTER 4- Great Lakes Insurance SE v Raiders Retreat Realty Co.:

The United States Supreme Court Addresses Marine Insurance for the First Time in Almost Seven Decades

Michael F. Sturley

CHAPTER 5- Interpreting Excluded Perils in Marine Insurance: Insights from the China Maritime Court

Rui Zheng and Jinlei Zhang

 

Part II - SPECIALIST COVER AND OTHER DOCTRINAL ISSUES

CHAPTER 6- UK Directors and Officers Liability Insurance Policies — Observations on 21st Century Developments

Richard Eveleigh

CHAPTER 7- SME Insurance – A Different Beast in Need of Different Treatment?

Barış Soyer and Jia Wang

CHAPTER 8- Duty of Fair Presentation under the Insurance Act 2015- The Development of Law Peter MacDonald-Eggers KC

CHAPTER 9- Fraud in Commercial Insurance: The Legal Response

Nichola Warrender KC

 

Part III - TECH AND INSURANCE

CHAPTER 10- Navigating the Edge of Regulation: How Decentralised Insurance Uses DAOs, Fiduciary Duties and Discretionary Mutual to Manage Risks

George Leloudas and Angela Nicholas

CHAPTER 11- Insurance Brokers and AI

Gary Meggitt

 

Part IV - THE AFTERMATH:LEGAL ISSUES EMERGING FOLLOWING A LOSS

CHAPTER 12- Subrogation and Assignment: Why the Distinction Matters in Insurance

Andrew Tettenborn

CHAPTER 13- The Co-Insured’s Subrogation Immunity- How to Express It and Now to Draft the Underlying Contract to Make Sure It Arises

Özlem Gürses

CHAPTER 14- Anti-assignment Clauses and Insurance

Simon Baughen