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

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

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, &C.

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.

49.

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, &c.

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, &c.

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, &c. a question of fact

89. Slip as evidence

90. Interpretation of terms

91. Savings

92. [repealed by the Statute Law Rivision Act 1927]

93. [repealed by the Statute Law Rivision Act 1927]

94. [repealed by the Statute Law Rivision Act 1927]

SCHEDULES

First Schedule

Form Of Policy

Rules For Construction Of Policy

Second Schedule - [This Schedule was repealed by the Statute Law Revision 1927]

Metadata

SiSU Metadata, document information

Manifest

SiSU Manifest, alternative outputs etc.

English Marine Insurance Act 1906 - An Act to codify the Law relating to Marine Insurance [21st December 1906]

England

copy @ Lex Mercatoria

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

SCHEDULES

First Schedule

Form Of Policy

Be it known that _ as well _ in own name as for and in the name and names of all and every other person or persons to whom the same doth, may, or shall appertain, in part or in all doth make assurance and cause _ and them, and every of them, to be insured lost or not lost, at and from _

Upon any kind of goods and merchandises, and also upon the body, tackle, apparel, ordnance, munition, artillery, boat, and other furniture, of and in the good ship or vessel called the _

whereof is master under God, for this present voyage, __ or whosoever else shall go for master in the said ship, or by whatsoever other name or names the said ship, or the master thereof, is or shall be named or called; beginning the adventure upon the said goods and merchandised from the loading thereof aboard the said ship,

upon the said ship, &c.

and so shall continue and endure, during her abode there, upon the said ship, &c. And further, until the said ship, with all her ordnance, tackle, apparel, &c., and goods and merchandises whatsoever shall be arrived at

upon the said ship, &c. until she hath moored at anchor twenty-four hours in good safety, and upon the goods and merchandises, until the same be there discharged and safely landed. And it shall be lawful for the said ship, &c., in this voyage, to proceed and sail to and touch and stay at any ports or places whatsoever

without prejudice to this insurance. The said ship, &c., goods and merchandises, &c., for so much as concerns the assured by agreement between the assured and assurers in this policy, are and shall be valued at

Touching the adventures and perils which we the assurers are contented to bear and do take upon us in this voyage: they are of the seas, men of war, fire, enemies, pirates, rovers, thieves, jettisons, letters of mart and countermart, surprisals, takings at sea, arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever, barratry of the master and mariners, and of all other perils, losses, and misfortunes, that have or shall come to the hurt, detriment, or damage of the said goods and merchandises, and ship, &c., or any part thereof. And in case of any loss or misfortune it shall be lawful to the assured, their factors, servants and assigns, to sue, labour, and travel for, in and about the defence, safeguards, and recovery of the said goods and merchandises, and ship, &c., or any part thereof, without prejudice to this insurance; to the charges whereof we, the assurers, will contribute each one according to the rate and quantity of his sum herein assured. And it is especially declared and agreed that no acts of the insurer or insured in recovering, saving, or preserving the property insured shall be considered as a waiver, or acceptance of abandonment. And it is agreed by us, the insurers, that this writing or policy of assurance shall be of as much force and effect as the surest writing or policy of assurance heretofore made in Lombard Street, or in the Royal Exchange, or elsewhere in London. And so we, the assurers, are contented, and do hereby promise and bind ourselves, each one for his own part, our heirs, executors, and goods to the assured, their executors, administrators, and assigns, for the true performance of the premises, confessing ourselves paid the consideration due unto us for this assurance by the assured, at and after the rate of

In Witness whereof we, the assurers, have subscribed our names and sums assured in London.

N.B.- Corn, fish, salt, fruit, flour, and seed are warranted free from average, unless general, or the ship be stranded-sugar, tobacco, hemp, flax, hides and skins are warranted free from average, under five pounds per cent., and all other goods, also the ship and freight, are warranted free from average, under three pounds per cent. unless general, or the ship be stranded.


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