The Marine Insurance Act

R.S.M. 1987, c. M40

The Marine Insurance Act

Table of Contents

1 Definitions.
2 Marine insurance defined.
3 Mixed sea and land risks.
4 Marine insurance coverage.
5 Marine adventure and maritime perils defined.
(2) Insurable property.
(3) Maritime perils.
6 Avoidance of wagering or gaming contracts.
(2) Deemed gaming or wagering contract.
7 Insurable interest.
(2) Insurable interest.
8 When interest must attach.
(2) When interest cannot attach.
9 Defeasible or contingent interest.
(2) Buyer's interest
10 Partial interest
11 Reinsurance.
(2) Original assured's rights.
12 Bottomry.
13 Masters and seamen's wages.
14 Advance freight.
15 Charges of insurance.
16 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 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 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 Signature of insurer.
(2) Contract
27 Voyage and time policies.
28 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 Valued policy.
(2) When a valued policy.
(3) Value conclusive.
(4) Value not conclusive for determining constructive loss.
30 Unvalued policy.
31 Floating policy.
(2) Subsequent declarations.
(3) Requirements of declarations.
(4) Declaration after notice.
32 Premium to be arranged.
33 Contingent additional premium.
34 Double insurance.
(2) Overinsurance.
35 Nature of warranty.
(2) Express or implied.
(3) Strict compliance.
36 When breach of warranty excused.
(2) No defence.
(3) Waiver.
37 Express warranties.
(2) Document.
(3) Not including implied warranty.
38 Warranty of neutrality.
(2) Properly documented.
39 No implied warranty of nationality.
40 Warranty of good safety.
41 Warranty of seaworthiness of ship.
(2) Reasonably fit.
(3) At different stages.
(4) Seaworthy-meaning.
(5) Timed policy.
42 No implied warranty that goods are seaworthy.
(2) Fit to carry goods.
43 Warranty of legality.
44 Implied condition as to commencement of risk.
(2) Negative.
45 Alteration of port of departure.
46 Sailing for different destination.
47 Change of voyage.
(2) Effect
48 Deviation.
(2) Meaning.
(3) Intention.
49 Several ports of discharge.
(2) Geographical order.
50 Delay in voyage.
51 Excuses for deviation or delay.
(2) Cause ceases.
52 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 Policy effected through broker.
(2) Broker's lien.
56 Effect of receipt on policy.
57 Included and excluded losses.
(2) Particular cases.
58 Partial and total loss.
(2) Actual or constructive.
(3) Interpretation.
(4) When only partial loss.
(5) Specie.
59 Actual total loss.
(2) Notice need not be given.
60 Missing ship.
61 Effect of transhipment, etc.
62 Constructive total loss defined.
(2) Particular case.
63 Effect of constructive total loss.
64 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 Effect of abandonment.
(2) Insurer entitled to freight.
66 Particular average loss.
(2) Expenses.
67 Salvage charges.
(2) Meaning.
68 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 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 Apportionment of valuation.
(2) Where prime cost cannot be ascertained.
75 General average contributions and salvage charges.
(2) Where insurer liable for salvage charges.
76 Liabilities to third parties.
77 General provisions as to measure of indemnity.
(2) Rules re double insurance.
78 Particular average warranties.
(2) Salvage charges.
(3) No adding losses.
(4) Method of determining.
79 Successive losses.
(2) Partial and total loss.
80 Suing and labouring clause.
(2) Non-recovery.
(3) Expenses to avert loss.
(4) Duty to minimize.
81 Right of subrogation.
(2) No title.
82 Right of contribution.
(2) Insurer who pays more.
83 Effect of underinsurance.
84 Enforcement of return.
85 Return by agreement.
86 Return for failure of consideration.
(2) Premium apportionable.
(3) Particular case.
87 Mutual insurance.
(2) Premium.
(3) Modification.
(4) Act applies.
88 Ratification by assured.
89 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.