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APPENDIX 1 MARINE INSURANCE ACT 1906 (UK)

International Cargo Insurance

APPENDIX 1

MARINE INSURANCE ACT 1906 (UK)

ARRANGEMENT OF SECTIONS

Marine Insurance

  • 1. Marine insurance defined.
  • 2. Mixed sea and land risks.
  • 3. Marine adventure and maritime perils defined.

Insurable Interest

  • 4. Avoidance of wagering or gaming contracts.
  • 5. Insurable interest defined.
  • 6. When interest must attach.
  • 7. Defeasible or contingent interest.
  • 8. Partial interest.
  • 9. Re-insurance.
  • 10. Bottomry.
  • 11. Master’s and seamen’s wages.
  • 12. Advance freight.
  • 13. Charges of insurance.
  • 14. Quantum of interest.
  • 15. Assignment of interest.

Insurable Value

  • 16. Measure of insurable value.

Disclosure and Representations

  • 17. Insurance is uberrimae fidei.
  • 18. Disclosure by assured.
  • 19. Disclosure by agent effecting insurance.
  • 20. Representations pending negotiation of contract.
  • 21. When contract is deemed to be concluded.

The Policy

  • 22. Contract must be embodied in policy.
  • 23. What policy must specify.
  • 24. Signature of insurer.
  • 25. Voyage and time policies.
  • 26. Designation of subject-matter.
  • 27. Valued policy.
  • 28. Unvalued policy.
  • 29. Floating policy by ship or ships.
  • 30. Construction of terms in policy.
  • 31. Premium to be arranged.

Double Insurance

  • 32. Double insurance.

Warranties, etc.

  • 33. Nature of warranty.
  • 34. When breach of warranty excused.
  • 35. Express warranties.
  • 36. Warranty of neutrality.
  • 37. No implied warranty of nationality.
  • 38. Warranty of good safety.
  • 39. Warranty of seaworthiness of ship.
  • 40. No implied warranty that goods are seaworthy.
  • 41. Warranty of legality.

The Voyage

  • 42. Implied condition as to commencement of risk.
  • 43. Alteration of port of departure.
  • 44. Sailing for different destination.
  • 45. Change of voyage.
  • 46. Deviation.
  • 47. Several ports of discharge.
  • 48. Delay in voyage.
  • 49. Excuses for deviation or delay.

Assignment of Policy

  • 50. When and how policy is assignable.
  • 51. Assured who has no interest cannot assign.

The Premium

  • 52. When premium payable.
  • 53. Policy effected through broker.
  • 54. Effect of receipt on policy.

Loss and Abandonment

  • 55. Included and excluded losses.
  • 56. Partial and total loss.
  • 57. Actual total loss.
  • 58. Missing ship.
  • 59. Effect of transhipment, etc.
  • 60. Constructive total loss defined.
  • 61. Effect of constructive total loss.
  • 62. Notice of abandonment.
  • 63. Effect of abandonment.

Partial Losses (Including Salvage and General Average and Particular Charges)

  • 64. Particular average loss.
  • 65. Salvage charges.
  • 66. General average loss.

Measure of Indemnity

  • 67. Extent of liability of insurer for loss.
  • 68. Total loss.
  • 69. Partial loss of ship.
  • 70. Partial loss of freight.
  • 71. Partial loss of goods, merchandise, etc.
  • 72. Apportionment of valuation.
  • 73. General average contributions and salvage charges.
  • 74. Liabilities to third parties.
  • 75. General provisions as to measure of indemnity.
  • 76. Particular average warranties.
  • 77. Successive losses.
  • 78. Suing and labouring clause.

Rights of Insurer on Payment

  • 79. Right of subrogation.
  • 80. Right of contribution.
  • 81. Effect of under insurance.

Return of Premium

  • 82. Enforcement of return.
  • 83. Return by agreement.
  • 84. Return for failure of consideration.

Mutual Insurance

  • 85. Modification of Act in case of mutual insurance.

Supplemental

  • 86. Ratification by assured.
  • 87. Implied obligations varied by agreement or usage.
  • 88. Reasonable time, etc., a question of fact.
  • 89. Slip as evidence.
  • 90. Interpretation of terms.
  • 91. Savings.
  • 92. Repeals.
  • 93. Commencement.
  • 94. Short title.

SCHEDULES

An Act to codify the Law relating to Marine Insurance. [21 December 1906]

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