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Provisions Insurance Secs 107-166

Provisions Insurance Secs 107-166

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Published by Darlene De Guzman

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Published by: Darlene De Guzman on Jul 25, 2012
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Insurance ProvisionsSec. 107-1661Property of: Darlene De Guzman
Sub-Title 1-CCONCEALMENTSec. 107.In marine insurance each party isbound tocommunicate, in addition to what isrequired by section twenty-eight, allthe information which he possesses,material to the risk, except such as ismentioned in Section thirty, and tostate the exact and whole truth inrelation to all matters that herepresents, or upon inquiry disclosesor assumes to disclose.Sec. 108.In marine insurance, information of the belief or expectation of a thirdperson, in reference to a materialfact,is material.Sec. 109. A person insured by a contract of marine insurance is presumed tohave knowledge, at the time of insuring, of a prior loss,if the information might possibly havereached him in the usual mode of transmission and at the usual rate of communication.Sec. 110. A concealment in a marineinsurance, in respect to any of thefollowing matters, does not vitiate theentire contract, but merelyexonerates the insurer from a lossresulting from the risk concealed:(a) The national character of the insured;(b) The liability of the thinginsured to capture anddetention;(c) The liability to seizurefrom breach of foreign lawsof trade;(d) The want of necessarydocuments;(e) The use of false andsimulated papers.Sub-Title 1-DREPRESENTATIONSec. 111.If a representation by a personinsured by a contract of marineinsurance, is intentionally false in anymaterial respect, or in respect of anyfact on which the character andnature of the risk depends,the insurer may rescind the entirecontract.Sec. 112.The eventual falsity of arepresentation as to expectation, inthe absence of fraud,does not avoid a contract of marineinsurance
 
Insurance ProvisionsSec. 107-1662Property of: Darlene De Guzman
Sub-Title 1-EIMPLIED WARRANTIESSec. 113.In every marine insurance upon aship or freight, or freightage, or uponanything which is the subject of marine insurance,a warranty is implied that the ship isseaworthy.Sec. 114. A ship is seaworthy when reasonably fit to perform the serviceand to encounter the ordinary perilsof the voyage contemplated by theparties to the policy.Sec. 115.GREXCEPTION An implied warranty of seaworthiness is complied with if theship be seaworthy at the time of theof commencement of the risk,except in the following cases:(a) When the insurance ismade for a specified lengthof time, the implied warrantyis not complied with unlessthe ship be seaworthy at thecommencement of everyvoyage it undertakes duringthat time;(b) When the insurance isupon the cargo which, bythe terms of the policy,description of the voyage,or established custom of thetrade, is to be transhippedat an intermediate port, theimplied warranty is notcomplied with unless eachvessel upon which thecargo is shipped, or transhipped, be seaworthyat the commencement of each particular voyage.Sec. 116. A warranty of seaworthiness extendsnot only tobut requires that itthe condition of the structure of theship itself be properly laden, and provided witha competent master, a sufficientnumber of competent officers andseamen, and the requisiteappurtenances and equipment, suchas ballasts, cables and anchors,cordage and sails, food, water, fueland lights, and other necessary or 
 
Insurance ProvisionsSec. 107-1663Property of: Darlene De Guzman
proper stores and implements for thevoyageSec. 117.Where different portions of thevoyage contemplated by a policydiffer in respect to the thingsrequisite to make the ship seaworthytherefor,a warranty of seaworthiness iscomplied with if, at thecommencement of each portion, theship is seaworthy with reference tothat portion.Sec. 118.When the ship becomesunseaworthy during the voyage towhich an insurance relates,an unreasonable delay in repairingthe defectexonerates the insurer on ship or shipowner's interest from liabilityfrom any loss arising therefrom.Sec. 119. A ship which is seaworthy for thepurpose of an insurance upon theship may, nevertheless,by reason of being unfitted to receivethe cargo, be unseaworthy for thepurpose of the insurance upon thecargo.Sec. 120.Where the nationality or neutrality of a ship or cargo is expresslywarranted, it is implied thatthe ship will carry the requisitedocuments to show such nationalityor neutrality and that it will not carryany documents which castreasonable suspicion thereon.Sub-Title 1-FTHE VOYAGE AND DEVIATIONSec. 121.When the voyage contemplated by amarine insurance policy is describedby the places of beginning andending,the voyage insured in one whichconforms to the course of sailingfixed by mercantile usage betweenthose places.Sec. 122.If the course of sailing is not fixed bymercantile usage, the voyageinsured by a marine insurance policyisthat way between the placesspecified, which to a master of ordinary skill and discretion, wouldmean the most natural, direct andadvantageous.Sec. 123.Deviation is a departure from the course of thevoyage insured, mentioned in thelast two sections, or an unreasonabledelay in pursuing the voyage or thecommencement of an entirelydifferent voyage.Sec. 124. A deviation is proper:(a) When caused by circumstancesover which neither the master nor theowner of the ship has any control;(b) When necessary to comply with a

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