Legal and documentary aspects of the marine insurance. There are currently no known outstanding effects for the marine insurance act 1906. The provisions governing marine insurance in india are indian contract act. Act is based very closely on the marine insurance act 1906 uk and whether any. In this act, unless the context otherwise requires, a contract of marine insurance means a contract of marine insurance as defined by section3. Section 3 of the act defines a contract of marine insurance as an agreement whereby the insurer undertakes to indemnify the assured in the manner and to the extent thereby agreed to against losses incidental to marine adventure. When breach of warranty excused 1 non compliance with a warranty is excused when by reason of a change of circumstances, the warranty ceases to be applicable to the circumstances of the contract, or when compliance with the warranty is rendered unlawful by any subsequent law. Marine cargo insurance is governed by marine insurance act, 1963. See end of document for details 2where the assured has no interest at the time of the loss, he cannot acquire interest by any act or election after he is aware of the. 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. Be it enacted by parliament in the fourteenth year of the republic of india as follows.
Voyage and time policies 1 where the contract is to insure the subjectmatter at and from, or from one place to another or others, the policy is called a voyage policy, and where the contract is to insure the subject matter for a definite period of time, the policy is called a time policy a contract for both voyage and time may be included in the same policy. An act to codify the law relating to marine insurance. Modern marine insurance law originated in the lex mercatoria law merchant. Full text containing the act, marine insurance act, 1963, with all the sections, schedules. What links here related changes upload file special pages permanent link page. Marine insurance act, 1963 bare acts law library advocatekhoj. In the 19th century, lloyds and the institute of london underwriters a grouping of.
See official records of the trade and development board. Deviation 1 where a ship, without lawful excuse, deviates from the voyage contemplated by the policy, the insured is discharged from liability as from the time of deviation, and it is immaterial that the ship may have regained her route before any loss occurs. This act may be called the marine insurance act, 1963. Marine insurance act was passed which codified the previous common law. Show all sections the marine insurance act, 1963 marine insurance insurable interest insurable value. Full text containing the act, marine insurance act, 1963, with all the sections, schedules, short title, enactment date, and footnotes. Being an act relating to marine insurance, adopted by section sch. Marine insurance has been made mandatory in export and import business. It is governed by the marine insurance act 1963 in india and guided by the various. Marine insurance covers the loss or damage of ships, cargo, terminals, and any transport by. Although the title of the act refers to marine insurance, the general principles have been applied to all nonlife insurance. Pdf marine insurancelegal aspect in india thowseaf.
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