i-law

Marine Insurance: Law and Practice

CHAPTER 25

QUANTIFYING THE INDEMNITY1

I INTRODUCTION

The object of the indemnity

25.1 It is a generally accepted but bizarre fiction—indeed, so firmly accepted that it is rarely recognised as a fiction—that the insurer’s undertaking in a contract of marine insurance is to hold the assured unharmed by insured perils.1 This fiction is not carried through to requiring the insurer or his representative to ride shotgun on the insured adventure, in order to discharge a duty to guard against the operation of insured perils. But it is carried through to analysing the insurer’s liability in the case of an insured loss as being for breach of contract, with the normal remedy of damages (not simply using the word “damages” in the loose sense of an unliquidated liability to pay a sum of money).

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.