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]