Unit 3 of Law of Insurance (syllabus: Module III — marine insurance under the 1963 Act: the policy, warranties, voyage and deviation, losses and abandonment; fire and property insurance, the standard policy and its conditions; and the principles as they apply to non-life cover). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- Why is marine insurance the statutory parent of the whole subject?
- What is a warranty in marine insurance, and why is it the harshest doctrine in the subject?
- What does the implied warranty of seaworthiness require, and when does it not apply?
- What is the difference between a change of voyage and a deviation, and when is either excused?
- What is the difference between an actual and a constructive total loss?
- What is general average, and how does it differ from particular average?
- What counts as fire, and how is causation decided in a fire claim?
- Which risks does the standard fire and special perils policy leave out, and why?
Treat that list as a self-test: recite each topic's rule from memory before you open its cases.
Provisions
- Marine Insurance Act 1963, s. ss. 3, 2(d) and 2(e)
- Marine Insurance Act 1963, s. ss. 35 to 37
- Marine Insurance Act 1963, s. ss. 41 to 43
- Marine Insurance Act 1963, s. ss. 45 to 51
- Marine Insurance Act 1963, s. ss. 56, 57, 60 to 63
- Marine Insurance Act 1963, s. ss. 64 to 66, 81
Leading cases
- Simmonds v. Cockell
- Quebec Marine Co. v. Bank of Canada; Thomas v. Tyne
- Elliot v. Wilson; Marten v. Vestey Brothers; National Insurance Co. v. J. Nadar
- Asfar v. Blundell; Vacuum Oil Company v. Union Insurance
- New India Assurance v. Zuari Industries; Everest v. London Assurance Co.