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Insurance · Unit 3

Non-Life and General Insurance — Marine, Fire and Property

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

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.

Full case summaries

Exam questions on this unit