MARINE INSURANCE ACT 1909
Table of Provisions
PART I--PRELIMINARY
- 1 Short title and commencement [ see Note 1]
- 3 Interpretation
- 4 Saving of rules of common law
- 5 Application of certain Imperial and State Acts
- 6 Application of Act
PART II--MARINE--INSURANCE
Division 1--Limits of Marine Insurance
- 7 Marine insurance defined
- 8 Mixed sea and land risks
- 9 Marine adventure and maritime perils defined
Division 2--Insurable Interest
- 10 Avoidance of wagering or gaming contracts
- 11 Insurable interest defined
- 12 When interest must attach
- 13 Defeasible or contingent interest
- 14 Partial interest
- 15 Re - insurance
- 16 Bottomry
- 17 Master's and seamen's wages
- 18 Advance freight
- 19 Charges of insurance
- 20 Quantum of interest
- 21 Assignment of interest
Division 3--Insurable Value
- 22 Measure of insurable value
Division 4--Disclosure and Representations
- 23 Insurance is uberrimae fidei
- 24 Disclosure by assured
- 25 Disclosure by agent effecting insurance
- 26 Representations pending negotiation of contract
- 27 When contract is deemed to be concluded
Division 5--The Policy
- 28 Contract must be embodied in policy
- 29 What policy must specify
- 30 Signature of insurer
- 31 Voyage and time policies
- 32 Designation of subject - matter
- 33 Valued policy
- 34 Unvalued policy
- 35 Floating policy by ship or ships
- 36 Construction of terms in policy
- 37 Premium to be arranged
Division 6--Double Insurance
Division 7--Warranties
- 39 Nature of warranty
- 40 When breach of warranty excused
- 41 Express warranties
- 42 Warranty of neutrality
- 43 No implied warranty of nationality
- 44 Warranty of good safety
- 45 Warranty of seaworthiness of ship
- 46 No implied warranty that goods are seaworthy
- 47 Warranty of legality
Division 8--The Voyage
- 48 Implied condition as to commencement of risk
- 49 Alteration of port of departure
- 50 Sailing for different destination
- 51 Change of voyage
- 52 Deviation
- 53 Several ports of discharge
- 54 Delay in voyage
- 55 Excuses for deviation or delay
PART III--ASSIGNMENT--OF POLICY
- 56 When and how policy is assignable
- 57 Assured who has no interest cannot assign
PART IV--THE--PREMIUM
PART V--LOSS--AND ABANDONMENT
Division 1--General
- 61 Included and excluded losses
- 62 Partial and total loss
- 63 Actual total loss
- 64 Missing ship
- 65 Effect of transhipment etc.
- 66 Constructive total loss defined
- 67 Effect of constructive total loss
- 68 Notice of abandonment
- 69 Effect of abandonment
Division 2--Partial Losses (including Salvage, General Average, and Particular Charges)
- 70 Particular average loss
- 71 Salvage charges
- 72 General average loss
PART VI--MEASURE--OF INDEMNITY
Division 1--Liability of Insurer for Loss
- 73 Extent of liability of insurer for loss
- 74 Total loss
- 75 Partial loss of ship
- 76 Partial loss of freight
- 77 Partial loss of goods, merchandise etc.
- 78 Apportionment of valuation
- 79 General average contributions and salvage charges
- 80 Liabilities to third parties
- 81 General provisions as to measure of indemnity
- 82 Particular average warranties
- 83 Successive losses
- 84 Suing and labouring clause
Division 2--Rights of Insurer on Payment of Loss
- 85 Right of subrogation
- 86 Right of contribution
- 87 Effect of under insurance
PART VII--RETURN--OF PREMIUM
- 88 Enforcement of return
- 89 Return by agreement
- 90 Return for failure of consideration
PART VIII--MUTUAL--INSURANCE
- 91 Modification of Act in case of mutual insurance
PART IX--SUPPLEMENTAL
- 92 Ratification by assured
- 93 Implied obligations varied by agreement or usage
- 94 Reasonable time etc. a question of fact
- 95 Reference to slip or cover note
