海上保險契約에 있어서 裁判管轄에 대한 考察
박명섭, 한낙현, 허재창
초록
In the United States, marine insurance underwriting began in the eighteenth century, although British firms continued to dominate. The American law of marine insurance took its cue from English law since there was no American statute, and English legal precedents were cited routinely in American courts. For fifty years after the English law was codified in the Marine Insurance Act, 1906(MIA), it truly could be said that there was a unified Anglo-American law of marine insurance, and that English law was part of the general maritime law of the United States.The unity of the Anglo-American law, which was so beneficial to the functioning of the international marine insurance industry, was broken abruptly in 1955 by the decision of the United States Supreme Court in Wilburn Boat Co. v. Firemans Fund Insurances Co., a case which created controversies over the uniformity of the law which have yet to subside.The purpose of this work is to explore the extent of the jurisdictional divergences, to search for its causes, and to point to its cure, that have arisen in the law of marine insurance between the United Kingdom and the United States.