[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> MARINE INSURANCE ACT 1906

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MARINE INSURANCE ACT 1906 - SECT 78

Suing and labouring clause.

78.(1) Where the policy contains a suing and labouring clause, the engagement
thereby entered into is deemed to be supplementary to the contract of
insurance, and the assured may recover from the insurer any expenses properly
incurred pursuant to the clause, notwithstanding that the insurer may have
paid for a total loss, or that the subject-matter may have been warranted free
from particular average, either wholly or under a certain percentage.

(2) General average losses and contributions and salvage charges, as defined
by this Act, are not recoverable under the suing and labouring clause.

(3) Expenses incurred for the purpose of averting or diminishing any loss not
covered by the policy are not recoverable under the suing and labouring
clause.

(4) It is the duty of the assured and his agents, in all cases, to take such
measures as may be reasonable for the purpose of averting or minimising a
loss.

Right of subrogation.

© 1906 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/mia1906170/s78.html