MARINE INSURANCE

PRESENTED BY

ADITHYA V

ARKA B

SHYAM K

MAHESH P

INTRODUCTION

DEFINITION

A contract (policy) in which an individual or entity receives financial protection or reimbursement against losses from an

insurance company. The company pools clients' risks to make payments more

affordable for the insured.

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, against marine losses, that is to

say, the losses incidental to marine adventure.

HISTORY

Maritime insurance was the earliest well-developed kind of insurance Origins in the Greek and Roman maritime loan.

Separate marine insurance contracts developed in Genoa and other Italian cities in 14th century and spread to northern Europe.

Premiums varied with spontaneous estimates of the variable risk like seasons and pirates.

In the late 1680s, Edward Lloyd opened a coffee house on Tower Street. Popular haunt for ship owners, merchants, and ships' captains.

1906, Marine Insurance Act organized the previous common law It is both an extremely thorough and concise piece of work.

Title of the Act refers to marine insurance, the general principles have been applied to all non-life insurance.

Lloyd's and the Institute of London Underwriters developed standardized clauses 

CLAUSES

Lot of Not Lot

Name of the Ship and Master

Valuation Clause

The Parties

Description of the Voyage or Duration of the Risk

Sea Perils Insured Against, or the Perils of the Sea

Receipt of Premium and the Rate Charge

Memorandum

Waiver Clause

Sue and Labour Clause

Types of Marine Insurance

Ocean Marine Insurance

Inland Marine Insurance

Types of Ocean Marine Insurance

Cargo Insurance

Hull Insurance

Protection or Indemnity (P&I) Insurance

Freight Insurance

Types of Inland Marine Insurance

Particular Average

General Average

Abandonment

Warehouse to warehouse

Warranties

Types of Marine Policies

Voyage Policy

Annual Policy

Declaration Policy

Special Declaration Policy

Valued Policy

Port Risk Policy

Wager Policy

Flotation Policy

Warranty "warranty" means a promissory pledge by which the insured

(a) undertakes that some particular thing will or will not be done or that some condition

will be fulfilled; or

(b) affirms or negates the existence of particular facts

If violated, avoidable at the option of the insurer.

Express Warranty

Implied Warranties

Express Warranty

Express warranty denotes to those undertakings which are explicitly expressed on the

face of the insurance policy.

The ship will sail on the scheduled date.

The time of sailing of the ship should be strictly followed.

The navigation is prohibited during certain period or during certain regions.

The sailing of ship will be conducted with the help of an armed guard.

Implied Warranties

Implied warranty denotes a type of warranty which is not explicitly expressed in the

policy but is understood by the implication of the law.

I. Seaworthiness

II. Legality of the voyage

III. Non-Deviation

I. Seaworthiness: 

The ship must be all right

Must not be overloaded

Must be well equipped by experienced officers and crew

Sailing will be conducted with adequate provision for fuel and water

Seaworthiness is essential at the commencement of the voyage.

II. Legality of the voyage:

Not be engaged in smuggling arms and ammunitions or illicit liquors.

Voyage on sail should take lawful goods and commodities.

III. Non-Deviation:

The ship should not deviate from its normal course.

The ship must follow the specified course effected in the policy.

Marine Insurance Act 1963

Sec. 35- 43, 51

MARINE INSURANCE ACT

1963

35. Nature of warranty.

(1) A warranty, means a promissory warranty, that is to say a warranty by which the assured

undertakes that some particular thing shall or shall not be done, or that some condition shall

be fulfilled, or whereby he affirms or negatives the existence of a particular state of facts.

(2) A warranty may be express or implied.

(3) A warranty is a condition which must be exactly complied with

If it be not so complied with, the insurer is discharged from liability as from the date of the breach

of warranty

But without prejudice to any liability incurred by him before that date.

MARINE INSURANCE ACT

1963

36. When breach of warranty excused.

(1) Non- compliance with a warranty is excused whencompliance with the warranty is

rendered unlawful by any subsequent law.

(2) Where a warranty is broken, the assured cannot avail defense

(3) A breach of warranty may be waived by the insurer.

MARINE INSURANCE ACT

1963

37. Express warranties.

(2) An express warranty must be included in, or written upon, the policy, or must be

contained in some document incorporated by reference into the policy.

39. No implied warranty of nationality.

There is no implied warranty as to the nationality of a ship, or that her nationality shall not

be changed during the risk.

40. Warranty of good safety.

Where the subject- matter insured is warranted" well" or" in good safety" on a particular

day, it is sufficient if it be safe at any time during that day.

MARINE INSURANCE ACT

1963

41. Warranty of sea worthiness of ship.

(1) At the commencement of the voyage the ship shall be seaworthy for the purpose of

the particular adventure insured.

(2) Where the policy attaches while the ship is in port, she shall be reasonably fit to

encounter the ordinary perils of the port.

(3) At the commencement of each stage the ship is seaworthy in respect of such

preparation or equipment for the purposes of that stage.

(4) A ship is deemed to be seaworthy when she is reasonably fit in all respects to

encounter the ordinary perils of the seas of the adventure insured.

(5) The ship is sent to sea in an unseaworthy state, the insurer is not liable for any loss

attributable to unseaworthiness.

MARINE INSURANCE ACT

1963

42. No implied warranty that goods are seaworthy.

(1) There is no implied warranty that the goods or movables are seaworthy.

(2) There is an implied warranty that at the commencement of the voyage the ship is not only seaworthy

as a ship, but also that she is reasonably fit to carry the goods or other movables to the destination

contemplated by the policy.

43. Warranty of legality.

There is an implied warranty that the adventure insured is a lawful one.

51. Excuse for deviation or delay.

(a) where authorized by any special term in the policy; or

(b) where caused by circumstances beyond the control of the insured

(c) where reasonably necessary in order to comply with an express or implied warranty

MARINE INSURANCE ACT

1963

Marine Losses

Marine losses are classified into two parts. Such as-

A. Total loss

B. Partial loss

1. Total loss

If the ship or goods are fully or constructively damaged then the loss is called total loss.

A. Actual Total loss

When the element of insurance that is ship, goods, compensation is fully destroyed and if

there is no part of the insured subject

i.If the ship breaks into pieces.

ii. If the ship totally sinks into deeps of the sea.

iii.If the goods destroy in such way that they turn into other thing

B. Constructive total loss

When the element of insurance are not fully destroyed but treated as an actual loss in the

views of law, then the loss is called constructive total loss.

2. Partial loss

If the insured goods or the element of insurance face a loss partially then the loss is treated

as partial loss. a. Particular partial loss: If any of the certain insured elements faces a

partial loss due to any marine perils, then that loss may be treated as particular partial loss

i. Particular partial loss of ship:

If the ship destroys partially not fully due to any certain accident.

ii. Particular partial loss of goods:

If the goods in a ship destroyed partially

iii. Particular partial loss of compensation:

If the shipping company or the bearer gets no compensation

b. General Partial Loss

Sometimes people has to make some sacrifices by thinking logically in favor of the other parties,

this sacrifice is called general partial loss.

i. Sacrifice

Sometimes some portions of goods are thrown into the sea to rescue the ship from storm or using

goods as fire woods are known as sacrifice.

ii. Compensation:

Transferring goods to a safe ship

Towing damaged ship to a safe place

Cargo Underwriting

Careful assessment of various factors which are considered in arriving at a decision to accept/reject risk

Risk Associated with Cargo Underwriting The Vessel

The Voyage of Transit

The Nature of Cargo to be Insured

Packing

Type of Cover

Proposal form for Cargo Underwriting

Name and address of the proposer and his business of trade

Name and address of bankers

Subject matter to be insured

Type of packing and its authentication

Sum to be insured

Analysis or break-up of sum assured

Description of Voyage

Name of carrying vessel or shipping line for transit

Other Terms & Conditions of insurance

Hull Underwriting

Claims

Total Loss/Constructive Total Loss

Particular Average/ Particular Charges

Salvage Charges

General Average

Collision Liability

Sue and Labor charges

Procedures of Claims Settlement

Nature and quantum of claims

Likelihood of occurrence of loss in distant foreign waters

Involvement of laws and practices of foreign jurisdictions

I

nvolvement of foreign professional

THANK YOU