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C.C.S.M. c. M40: Table of Contents

C.C.S.M. c. M40

THE MARINE INSURANCE ACT

1 Definitions
2 Marine insurance defined
3 Mixed sea and land risks
4 Marine insurance coverage
5(1) Marine adventure and maritime perils defined
(2) Insurable property
(3) Maritime perils
6(1) Avoidance of wagering or gaming contracts
(2) Deemed gaming or wagering contract
7(1) Insurable interest
(2) Insurable interest
8(1) When interest must attach
(2) When interest cannot attach
9(1) Defeasible or contingent interest
(2) Buyer's interest
10 Partial interest
11(1) Reinsurance
(2) Original assured's rights
12 Bottomry
13 Masters and seamen's wages
14 Advance freight
15 Charges of insurance
16(1) Quantum of interest
(2) Mortgagee may insure for other
(3) Owner has full interest
17 Assignment of interest
18 Measure of insurable value
19 Insurance is of the utmost good faith
20(1) Disclosure by assured
(2) Material circumstance
(3) Circumstances not disclosed
(4) Whether circumstances not disclosed material
(5) Circumstance
21 Disclosure by agent effecting insurance
22(1) Representations pending negotiation of contract
(2) Material representation
(3) Representation may be as to fact or belief
(4) Where differences not material
(5) When representation is true
(6) Correction of representation
(7) When representation is material
23 When contract is deemed to be concluded
24 Contract must be embodied in policy
25 What policy must specify
26(1) Signature of insurer
(2) Contract
27 Voyage and time policies
28(1) Designation of subject-matter
(2) Nature of assured's interest need not be specified
(3) Construction where designation in general terms
(4) Application of usage
29(1) Valued policy
(2) When a valued policy
(3) Value conclusive
(4) Value not conclusive for determining constructive loss
30 Unvalued policy
31(1) Floating policy
(2) Subsequent declarations
(3) Requirements of declarations
(4) Declaration after notice
32 Premium to be arranged
33 Contingent additional premium
34(1) Double insurance
(2) Overinsurance
35(1) Nature of warranty
(2) Express or implied
(3) Strict compliance
36(1) When breach of warranty excused
(2) No defence
(3) Waiver
37(1) Express warranties
(2) Document
(3) Not including implied warranty
38(1) Warranty of neutrality
(2) Properly documented
39 No implied warranty of nationality
40 Warranty of good safety
41(1) Warranty of seaworthiness of ship
(2) Reasonably fit
(3) At different stages
(4) Seaworthy-meaning
(5) Timed policy
42(1) No implied warranty that goods are seaworthy
(2) Fit to carry goods
43 Warranty of legality
44(1) Implied condition as to commencement of risk
(2) Negative
45 Alteration of port of departure
46 Sailing for different destination
47(1) Change of voyage
(2) Effect
48(1) Deviation
(2) Meaning
(3) Intention
49(1) Several ports of discharge
(2) Geographical order
50 Delay in voyage
51(1) Excuses for deviation or delay
(2) Cause ceases
52(1) When and how policy is assignable
(2) Assignee may sue
(3) Method of endorsement
53 Assured who has no interest cannot assign
54 When premium payable
55(1) Policy effected through broker
(2) Broker's lien
56 Effect of receipt on policy
57(1) Included and excluded losses
(2) Particular cases
58(1) Partial and total loss
(2) Actual or constructive
(3) Interpretation
(4) When only partial loss
(5) Specie
59(1) Actual total loss
(2) Notice need not be given
60 Missing ship
61 Effect of transhipment, etc.
62(1) Constructive total loss defined
(2) Particular case
63 Effect of constructive total loss
64(1) Notice of abandonment
(2) Method of giving
(3) Reasonable diligence
(4) Where insurer refuses to accept
(5) Express or implied
(6) Acceptance
(7) Where unnecessary
(8) Waiver
(9) Reinsurance
65(1) Effect of abandonment
(2) Insurer entitled to freight
66(1) Particular average loss
(2) Expenses
67(1) Salvage charges
(2) Meaning
68(1) General average loss
(2) General average act
(3) Contribution
(4) Insured may recover
(5) Insurer liable to pay
(6) Non-liability
(7) Owner of ship, freight and cargo
69(1) Extent of liability of insurer for loss
(2) Proportion
70 Total loss
71 Partial loss of ship
72 Partial loss of freight
73 Partial loss of goods, merchandise, etc.
74(1) Apportionment of valuation
(2) Where prime cost cannot be ascertained
75(1) General average contributions and salvage charges
(2) Where insurer liable for salvage charges
76 Liabilities to third parties
77(1) General provisions as to measure of indemnity
(2) Rules re double insurance
78(1) Particular average warranties
(2) Salvage charges
(3) No adding losses
(4) Method of determining
79(1) Successive losses
(2) Partial and total loss
80(1) Suing and labouring clause
(2) Non-recovery
(3) Expenses to avert loss
(4) Duty to minimize
81(1) Right of subrogation
(2) No title
82(1) Right of contribution
(2) Insurer who pays more
83 Effect of underinsurance
84 Enforcement of return
85 Return by agreement
86(1) Return for failure of consideration
(2) Premium apportionable
(3) Particular case
87(1) Mutual insurance
(2) Premium
(3) Modification
(4) Act applies
88 Ratification by assured
89(1) Implied obligations varied by agreement or usage
(2) All rights, duties
90 Reasonable time, etc., a question of fact
91 Rules of common law saved