MARINE INSURANCE ACT 1906 - SECT 94 Short title.

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MARINE INSURANCE ACT 1906 - SECT 94

Short title.

94. This Act may be cited as the Marine Insurance Act, 1906.

Lloyd's S.G. policy.

as well in

Touching the adventures and perils which we the assurers are contented to bear
and do take upon us in this voyage: they are of the seas, men of war, fire,
enemies, pirates, rovers, thieves, jettisons, letters of mart and countermart,
surprisals, takings at sea, arrests, restraints, and detainments of all kings,
princes, and people, of what nation, condition, or quality soever, barratry of
the master and mariners, and of all other perils, losses, and misfortunes,
that have or shall come to the hurt, detriment, or damage of the said goods
and merchandises, and ship, &c., or any part thereof. And in case of any loss
or misfortune it shall be lawful to the assured, their factors, servants and
assigns, to sue, labour, and travel for, in and about the defence, safeguards,
and recovery of the said goods and merchandises, and ship, &c., or any part
thereof, without prejudice to this insurance; to the charges whereof we, the
assurers, will contribute each one according to the rate and quantity of his
sum herein assured. And it is especially declared and agreed that no acts of
the insurer or insured in recovering, saving, or preserving the property
insured shall be considered as a waiver, or acceptance of abandonment. And it
is agreed by us, the insurers, that this writing or policy of assurance shall
be of as much force and effect as the surest writing or policy of assurance
heretofore made in Lombard Street, or in the Royal Exchange, or elsewhere in
London. And so we, the assurers, are contented, and do hereby promise and bind
ourselves, each one for his own part, our heirs, executors, and goods to the
assured, their executors, administrators, and assigns, for the true
performance of the premises, confessing ourselves paid the consideration due
unto us for this assurance by the assured, at and after the rate of

IN WITNESS whereof we, the assurers, have subscribed our names and sums
assured in London.N.B.Corn, fish, salt, fruit, flour, and seed are warranted
free from average, unless general, or the ship be strandedsugar, tobacco,
hemp, flax, hides and skins are warranted free from average, under five pounds
per cent., and all other goods, also the ship and freight, are warranted free
from average, under three pounds per cent. unless general, or the ship be
stranded.

The following are the rules referred to by this Act for the construction of a
policy in the above or other like form, where the context does not otherwise
require:1. Where the subject-matter is insured "lost or not lost," and the
loss has occurred before the contract is concluded, the risk attaches unless,
at such time the assured was aware of the loss, and the insurer was not.2.
Where the subject-matter is insured "from" a particular place, the risk does
not attach until the ship starts on the voyage insured.3.(a) Where a ship is
insured "at and from" a particular place, and she is at that place in good
safety when the contract is concluded, the risk attaches immediately.

(b) If she be not at that place when the contract is concluded, the risk
attaches as soon as she arrives there in good safety, and, unless the policy
otherwise provides, it is immaterial that she is covered by another policy for
a specified time after arrival.

(c) Where chartered freight is insured "at and from" a particular place, and
the ship is at that place in good safety, when the contract is concluded the
risk attaches immediately. If she be not there when the contract is concluded,
the risk attaches as soon as she arrives there in good safety.

(d) Where freight, other than chartered freight, is payable without special
conditions and is insured "at and from" a particular place, the risk attaches
pro rata as the goods or merchandise are shipped; provided that if there be
cargo in readiness which belongs to the shipowner, or which some other person
has contracted with him to ship, the risk attaches as soon as the ship is
ready to receive such cargo.4. Where goods or other moveables are insured
"from the loading thereof," the risk does not attach until such goods or
moveables are actually on board, and the insurer is not liable for them while
in transit from the shore to the ship.5. Where the risk on goods or other
moveables continues until they are "safely landed," they must be landed in the
customary manner and within a reasonable time after arrival at the port of
discharge, and if they are not so landed the risk ceases.6. In the absence of
any further licence or usage, the liberty to touch and stay "at any port or
place whatsoever" does not authorise the ship to depart from the course of her
voyage from the port of departure to the port of destination.7. The term
"perils of the seas" refers only to fortuitous accidents or casualties of the
seas. It does not include the ordinary action of the winds and waves.8. The
term "pirates" includes passengers who mutiny and rioters who attack the ship
from the shore.9. The term "thieves" does not cover clandestine theft or a
theft committed by any one of the ship's company, whether crew or
passengers.10. The term "arrests, &c., of kings, princes, and people" refers
to political or executive acts, and does not include a loss caused by riot or
by ordinary judicial process.11. The term "barratry" includes every wrongful
act wilfully committed by the master or crew to the prejudice of the owner,
or, as the case may be, the charterer.12. The term "all other perils" includes
only perils similar in kind to the perils specifically mentioned in the
policy.13. The term "average unless general" means a partial loss of the
subject-matter insured other than a general average loss, and does not include
"particular charges."14. Where the ship has stranded, the insurer is liable
for the excepted losses, although the loss is not attributable to the
stranding, provided that when the stranding takes place the risk has attached
and, if the policy be on goods, that the damaged goods are on board.15. The
term "ship" includes the hull, materials and outfit, stores and provisions for
the officers and crew, and, in the case of vessels engaged in a special trade,
the ordinary fittings requisite for the trade, and also, in the case of a
steamship, the machinery, boilers, and coals and engine stores, if owned by
the assured.16. The term "freight" includes the profit derivable by a
shipowner from the employment of his ship to carry his own goods or moveables,
as well as freight payable by a third party, but does not include passage
money.17. The term "goods" means goods in the nature of merchandise, and does
not include personal effects or provisions and stores for use on board.

In the absence of any usage to the contrary, deck cargo and living animals
must be insured specifically, and not under the general denomination of goods.

Second Schedule rep. by SLR 1927
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Northern Irish Legislation

MARINE INSURANCE ACT 1906 - SECT 94
