66143 - DIRITTO DELLE ASSICURAZIONI MARITTIME

Course contents

The course, as detailed in the program specified below, aims to analyze and deepen the marine insurance system, within the framework of the specific needs of the shipping and transport sector. The course will be divided into two parts, one of which is held by Prof. Stefano Zunarelli and the other by Prof. Alessandra Romagnoli. In particular, the subject of the first module will be the analysis of the marine insurance sources and the subjects operating in the related sector (insurer, insurance broker, P&I Clubs); of the general principles in the field of marine insurance (legal discipline and contractual discipline; form and object of the contract; risks of navigation; charges, obligations and rights of the insured and the insurer; spatial and temporal limits of insurance coverage; premium).

The subject of the second module of the course will be, instead, the study of the main marine insurance covers in use: ship insurance; cargo insurance; personal insurance; insurance of the liabilities of shipowner and carrier. In particular, attention will be paid to the analysis of the practice and of case law. It should be noted that, in consideration of the contents of the course which imply a knowledge of the main institutions of navigation law (shipowner; carrier; carriage of goods and of passengers by sea), students are advised to take the exam in marine insurance law only after having passed the examination of navigation law.

 

Course program:

Part I

1. Sources of marine insurance

2. Subjects operating in the marine insurance sector

2.1. The insurer

2.2. The insurance broker

2.3. Protection & Indemnity Clubs (P&I)

3. The insurance contract

3.1. The legal and conventional regime 

3.2. The form and object of the contract

3.3. The risk insured

3.4. The spatial and temporal limits of insurance coverage

3.5. The accident and the moments of damage

3.6. Charges, obligations and rights of the insured and the insurer

3.6.1. The notice of the accident

3.7. The insurance premium

3.8. Settlement of the claim

3.9. The subrogation of the insurer to the rights of the insured towards the third party responsible

3.10. The prescription

Part II

1. Types of marine insurance

1.1. Property insurance

1.1.1. Ship insurance

1.1.2. Cargo insurance

1.1.2.1. The regime of the navigation code

1.1.2.2. Insurance of the profit expected on goods carried by sea 

1.1.3. Freight insurance

1.2. Personal insurance

1.2.1. Seafarers' insurance 

1.2.2. Passenger transport insurance

1.3. Liability insurance

1.3.1. Shipowner's liability insurance

1.3.1.1. Shipowner's insurance for collision liability 

1.3.1.2. Insurance for Civil Liability for Marine Oil Pollution Damages (CLC)

1.3.1.3. Insurance for maritime claims under uniform law (LLMC)

1.3.2. Carrier liability insurance

1.3.2.1. The 1974 Athens Convention on the carriage of passengers and their luggage by sea, as amended by the 2002 London Protocol (PAL 2002)

1.3.2.2. The Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents 

1.3.3. Types of cover offered by P&I Clubs

1.4. Other types of marine insurance

Readings/Bibliography

Exam preparation must be carried out by studying the following texts:

Lefebvre D’Ovidio, Pescatore, Tullio, Manuale di diritto della navigazione, XIV ed., Milano, 2016, 692-737, Giuffrè Editore;

S. Bagnariol, L’assicurazione della nave in A. Antonini, Trattato breve di diritto marittimo, III, Le obbligazioni e la responsabilità nella navigazione marittima, Milano, 2010, 71-88, Giuffrè Editore;

S. Vernizzi, Le assicurazioni P&I in A. Antonini, Trattato breve di diritto marittimo, III, Le obbligazioni e la responsabilità nella navigazione marittima, Milano, 2010, 89-102, Giuffrè Editore;

A. Cusmai, L’assicurazione delle merci in A. Antonini, Trattato breve di diritto marittimo, III, Le obbligazioni e la responsabilità nella navigazione marittima, Milano, 2010, 103-128, Giuffrè Editore.

 

We also recommend reading the following texts:

A. Dani, Assicurazioni marittime, in M. Deiana (a cura di), Diritto della navigazione, collana Dizionari del diritto privato, promossi da N. Irti, Milano, 2010;

A. Dani, Le assicurazioni del trasporto marittimo, in F. Morandi (opera diretta da), I contratti del trasporto, I, Bologna, 2013;

L. Di Girolamo, Le assicurazioni marittime e aeronautiche, in M. Franzoni (a cura di), Diritto delle assicurazioni, Bologna, 2016, 143-170;

S. Ferrarini, Le assicurazioni marittime, Milano, 1991.

 

Teaching methods

The course is held through lectures scheduled during the first semester and aimed at soliciting the involvement of students. Students who having achieved the attendance in the same academic year of the subject entry in the study plan, will therefore be able to take the exam from January. During the course a series of seminars / meetings will be organized in order to deepen some of the most recent legal issues dealt with during classes.

Assessment methods

The exam consists of an oral interview aimed at evaluating the knowledge acquired by the student, who will be invited to discuss the different issues that coincide with the exam program indicated below. During the exam the student's ability to identify - within the law sources and the reference and bibliographic material - the relevant information for the proper learning and consequent presentation of the peculiarities and specificities of the discipline will be particularly evaluated. The oral exam will be considered passed in consideration of the correct answer to three main questions relating to the topics specified in the exam program indicated below. The preparation of the student can be assessed on the basis of further questions aimed at deepening aspects relating to the three main questions. An evaluation of excellence can be granted to students demonstrating to have acquired a comprehensive and critical vision of the topics addressed, as well as to master the specific language and contents. During the exam the use of aids, such as textbooks, notes, computer devices, is not allowed.

Exam program for non-attending students:

The exam program coincides with the topics listed above in the Program / contents section.

Exam program for attending students:

The Professors reserves the right to grant to the students, who assiduously attended at least 70% of classes, a differentiated exam program. This program will be communicated at the beginning of classes. The course's attendance, in the case, will be periodically verified by signature sheets during class.

Teaching tools

With exclusive reference to the students attending the course, it should be noted that any supplementary teaching material relating to the topics covered during classes will be made available to the students in paper format or in electronic format on the website: http: //campus.unibo. en /. [http://campus.unibo.it/] Access is reserved to students enrolled at the University of Bologna.

Office hours

See the website of Stefano Zunarelli

See the website of Alessandra Romagnoli