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Marine Insurance Act 1906

Status:

Current version
as at 25 Apr 2024

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Marine Insurance Act 1906

Table of Contents

Long Title

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 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

91 Savings

92 Short title

THE SCHEDULE

Legislative History

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Table Of Contents

Marine Insurance Act 1906

Status:

Current version
as at 25 Apr 2024

Please check the legislation timeline to ensure that you are viewing the correct legislation version. See also FAQ B3.

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find current version as at

31 Dec 2021

2020 RevEd
20 May 1994

Act 387 of 1994

31 Dec 2021

2020 RevEd

Table of Contents

Marine Insurance Act 1906
Long Title 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

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 deemed to be concluded

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

42 Implied condition as to commencement of risk

43 Alteration of port of departure

44 Sailing for different destination

45 Change of voyage

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

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

THE SCHEDULE Legislative History Abbreviations

Marine Insurance Act 1906

Status:

Current version as at 25 Apr 2024

Timeline
Amendment Annotation

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20 May 1994

Act 387 of 1994
31 Dec 2021

2020 RevEd

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31 Dec 2021

2020 RevEd

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Insurance is uberrimae fidei

17. A contract of marine insurance is a contract based upon the utmost good faith, and, if the utmost good faith is not observed by either party, the contract may be avoided by the other party.

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Last updated 24 Apr 2024
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