marine insurance
DESCRIPTION
All information regarding Marine InsuranceTRANSCRIPT
MARINE INSURANCE
PRESENTED BY
ADITHYA V
ARKA B
SHYAM K
MAHESH P
INTRODUCTION
DEFINITION
A contract (policy) in which an individual or entity receives financial protection or reimbursement against losses from an
insurance company. The company pools clients' risks to make payments more
affordable for the insured.
A contract of marine insurance is an agreement whereby the
insurer undertakes to indemnify the assured, in the manner and to
the extent thereby agreed, against marine losses, that is to
say, the losses incidental to marine adventure.
HISTORY
Maritime insurance was the earliest well-developed kind of insurance Origins in the Greek and Roman maritime loan.
Separate marine insurance contracts developed in Genoa and other Italian cities in 14th century and spread to northern Europe.
Premiums varied with spontaneous estimates of the variable risk like seasons and pirates.
In the late 1680s, Edward Lloyd opened a coffee house on Tower Street. Popular haunt for ship owners, merchants, and ships' captains.
1906, Marine Insurance Act organized the previous common law It is both an extremely thorough and concise piece of work.
Title of the Act refers to marine insurance, the general principles have been applied to all non-life insurance.
Lloyd's and the Institute of London Underwriters developed standardized clauses
CLAUSES
Lot of Not Lot
Name of the Ship and Master
Valuation Clause
The Parties
Description of the Voyage or Duration of the Risk
Sea Perils Insured Against, or the Perils of the Sea
Receipt of Premium and the Rate Charge
Memorandum
Waiver Clause
Sue and Labour Clause
Types of Marine Insurance
Ocean Marine Insurance
Inland Marine Insurance
Types of Ocean Marine Insurance
Cargo Insurance
Hull Insurance
Protection or Indemnity (P&I) Insurance
Freight Insurance
Types of Inland Marine Insurance
Particular Average
General Average
Abandonment
Warehouse to warehouse
Warranties
Types of Marine Policies
Voyage Policy
Annual Policy
Declaration Policy
Special Declaration Policy
Valued Policy
Port Risk Policy
Wager Policy
Flotation Policy
Warranty "warranty" means a promissory pledge by which the insured
(a) undertakes that some particular thing will or will not be done or that some condition
will be fulfilled; or
(b) affirms or negates the existence of particular facts
If violated, avoidable at the option of the insurer.
Express Warranty
Implied Warranties
Express Warranty
Express warranty denotes to those undertakings which are explicitly expressed on the
face of the insurance policy.
The ship will sail on the scheduled date.
The time of sailing of the ship should be strictly followed.
The navigation is prohibited during certain period or during certain regions.
The sailing of ship will be conducted with the help of an armed guard.
Implied Warranties
Implied warranty denotes a type of warranty which is not explicitly expressed in the
policy but is understood by the implication of the law.
I. Seaworthiness
II. Legality of the voyage
III. Non-Deviation
I. Seaworthiness:
The ship must be all right
Must not be overloaded
Must be well equipped by experienced officers and crew
Sailing will be conducted with adequate provision for fuel and water
Seaworthiness is essential at the commencement of the voyage.
II. Legality of the voyage:
Not be engaged in smuggling arms and ammunitions or illicit liquors.
Voyage on sail should take lawful goods and commodities.
III. Non-Deviation:
The ship should not deviate from its normal course.
The ship must follow the specified course effected in the policy.
Marine Insurance Act 1963
Sec. 35- 43, 51
MARINE INSURANCE ACT
1963
35. Nature of warranty.
(1) A warranty, means a promissory warranty, that is to say a warranty by which the assured
undertakes that some particular thing shall or shall not be done, or that some condition shall
be fulfilled, or whereby he affirms or negatives the existence of a particular state of facts.
(2) A warranty may be express or implied.
(3) A warranty is a condition which must be exactly complied with
If it be not so complied with, the insurer is discharged from liability as from the date of the breach
of warranty
But without prejudice to any liability incurred by him before that date.
MARINE INSURANCE ACT
1963
36. When breach of warranty excused.
(1) Non- compliance with a warranty is excused whencompliance with the warranty is
rendered unlawful by any subsequent law.
(2) Where a warranty is broken, the assured cannot avail defense
(3) A breach of warranty may be waived by the insurer.
MARINE INSURANCE ACT
1963
37. Express warranties.
(2) An express warranty must be included in, or written upon, the policy, or must be
contained in some document incorporated by reference into the policy.
39. No implied warranty of nationality.
There is no implied warranty as to the nationality of a ship, or that her nationality shall not
be changed during the risk.
40. Warranty of good safety.
Where the subject- matter insured is warranted" well" or" in good safety" on a particular
day, it is sufficient if it be safe at any time during that day.
MARINE INSURANCE ACT
1963
41. Warranty of sea worthiness of ship.
(1) At the commencement of the voyage the ship shall be seaworthy for the purpose of
the particular adventure insured.
(2) Where the policy attaches while the ship is in port, she shall be reasonably fit to
encounter the ordinary perils of the port.
(3) At the commencement of each stage the ship is seaworthy in respect of such
preparation or equipment for the purposes of that stage.
(4) A ship is deemed to be seaworthy when she is reasonably fit in all respects to
encounter the ordinary perils of the seas of the adventure insured.
(5) The ship is sent to sea in an unseaworthy state, the insurer is not liable for any loss
attributable to unseaworthiness.
MARINE INSURANCE ACT
1963
42. No implied warranty that goods are seaworthy.
(1) There is no implied warranty that the goods or movables are seaworthy.
(2) There is an implied warranty that at the commencement of the voyage the ship is not only seaworthy
as a ship, but also that she is reasonably fit to carry the goods or other movables to the destination
contemplated by the policy.
43. Warranty of legality.
There is an implied warranty that the adventure insured is a lawful one.
51. Excuse for deviation or delay.
(a) where authorized by any special term in the policy; or
(b) where caused by circumstances beyond the control of the insured
(c) where reasonably necessary in order to comply with an express or implied warranty
MARINE INSURANCE ACT
1963
Marine Losses
Marine losses are classified into two parts. Such as-
A. Total loss
B. Partial loss
1. Total loss
If the ship or goods are fully or constructively damaged then the loss is called total loss.
A. Actual Total loss
When the element of insurance that is ship, goods, compensation is fully destroyed and if
there is no part of the insured subject
i.If the ship breaks into pieces.
ii. If the ship totally sinks into deeps of the sea.
iii.If the goods destroy in such way that they turn into other thing
B. Constructive total loss
When the element of insurance are not fully destroyed but treated as an actual loss in the
views of law, then the loss is called constructive total loss.
2. Partial loss
If the insured goods or the element of insurance face a loss partially then the loss is treated
as partial loss. a. Particular partial loss: If any of the certain insured elements faces a
partial loss due to any marine perils, then that loss may be treated as particular partial loss
i. Particular partial loss of ship:
If the ship destroys partially not fully due to any certain accident.
ii. Particular partial loss of goods:
If the goods in a ship destroyed partially
iii. Particular partial loss of compensation:
If the shipping company or the bearer gets no compensation
b. General Partial Loss
Sometimes people has to make some sacrifices by thinking logically in favor of the other parties,
this sacrifice is called general partial loss.
i. Sacrifice
Sometimes some portions of goods are thrown into the sea to rescue the ship from storm or using
goods as fire woods are known as sacrifice.
ii. Compensation:
Transferring goods to a safe ship
Towing damaged ship to a safe place
Cargo Underwriting
Careful assessment of various factors which are considered in arriving at a decision to accept/reject risk
Risk Associated with Cargo Underwriting The Vessel
The Voyage of Transit
The Nature of Cargo to be Insured
Packing
Type of Cover
Proposal form for Cargo Underwriting
Name and address of the proposer and his business of trade
Name and address of bankers
Subject matter to be insured
Type of packing and its authentication
Sum to be insured
Analysis or break-up of sum assured
Description of Voyage
Name of carrying vessel or shipping line for transit
Other Terms & Conditions of insurance
Hull Underwriting
Claims
Total Loss/Constructive Total Loss
Particular Average/ Particular Charges
Salvage Charges
General Average
Collision Liability
Sue and Labor charges
Procedures of Claims Settlement
Nature and quantum of claims
Likelihood of occurrence of loss in distant foreign waters
Involvement of laws and practices of foreign jurisdictions
I
nvolvement of foreign professional
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