ABSTRACT

The third party’s rights against the insurer are geared towards obtaining an indemnity which directly or indirectly relates to the loss immediately suffered by the third party, not by the assured or as well as the assured. This chapter considers the ways in which such third parties, whoever they may be, may enforce the assured's rights of action under a marine insurance policy— which are necessarily contracts of indemnity— issued by an insurer. The existence of insurance contract may nevertheless be of direct or indirect benefit to persons other than the assured, whether such persons are associates of the assured, financiers, lenders, employees, service-providers, contractors, joint venturers, partners or guarantors. Policies which insure against "first party" property or financial loss risks will often include provisions identifying third parties with an insurable interest in the relevant property which recognise the interest of that third party.