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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
Return Of Premium
(1) Where the consideration for the payment of the premium totally fails, and there has been no fraud or illegality on the part of the assured or his agents, the premium is thereupon returnable to the assured.
(2) Where the consideration for the payment of the premium is apportionable and there is a total failure of any apportionable part of the consideration, a proportionate part of the premium is, under the like conditions, thereupon returnable to the assured.
(3) In particular -
(a) Where the policy is void, or is avoided by the insurer as from the commencement of the risk, the premium is returnable, provided that there has been no fraud or illegality on the part of the assured; but if the risk is not apportionable, and has once attached, the premium is not returnable;
(b) Where the subject-matter insured, or part thereof, has never been imperilled, the premium, or, as the case may be, a proportionate part thereof, is returnable;
Provided that where the subject-matter has been insured 'lost or not lost' and has arrived in safety at the time when the contract is concluded, the premium is returnable unless, at such time, the insurer knew of the safe arrival.
(c) Where the assured has no insurable interest throughout the currency of the risk, the premium is returnable, provided that this rule does not apply to a policy effected by way of gaming or wagering;
(d) Where the assured has a defeasible interest which is terminated during the currency of the risk, the premium is not returnable;
(e) Where the assured has over-insured under an unvalued policy, a proportionate part of the several premiums is returnable;
(f) Subject to the foregoing provisions, where the assured has overinsured by double insurance, a proportionate part of the several premiums is returnable;
Provided that, if the policies are effected at different times, and any earlier policy has at any time borne the entire risk, or if a claim has been paid on the policy in respect of the full sum insured thereby, no premium is returnable in respect of that policy, and when the double insurance is effected knowingly by the assured no premium is returnable.
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