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MARINE INSURANCE ACT 1906 - SECT 55

55.(1) Subject to the provisions of this Act, and unless the policy otherwise
provides, the insurer is liable for any loss proximately caused by a peril
insured against, but, subject as aforesaid, he is not liable for any loss
which is not proximately caused by a peril insured against.

(2) In particular

(a)The insurer is not liable for any loss attributable to the wilful
misconduct of the assured, but, unless the policy otherwise provides, he is
liable for any loss proximately caused by a peril insured against, even though
the loss would not have happened but for the misconduct or negligence of the
master or crew;

(b)Unless the policy otherwise provides, the insurer on ship or goods is not
liable for any loss proximately caused by delay, although the delay be caused
by a peril insured against;

(c)Unless the policy otherwise provides, the insurer is not liable for
ordinary wear and tear, ordinary leakage and breakage, inherent vice or nature
of the subject-matter insured, or for any loss proximately caused by rats or
vermin, or for any injury to machinery not proximately caused by
maritime perils.

© 1906 Crown Copyright

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