Professional Documents
Culture Documents
Marine Insurance and Smooth Selling
Marine Insurance and Smooth Selling
INSURANCE AND
SMOOTH SELLING
INDEX
1
2
3
4
5
6
INTRODUCTION
INDIAN MARINE INSURANCE ACT 1963
TYPES OF MARINE INSURANCE
PARTIES
THE MARINE INSURANCE CONTRACT
LOSSES AND MEASURE OF INDEMNITY
7
8
WARRENTIES
PRESCRIPTION PERIODS AND NOTICE
REQUREMENT
9 UNDER INSURANCE OVER INSURANCE
AND DOUBLE INSURANCE
10 MARKETING STRATEGY
11 E-MARKETING
12 BIBLIOGRAPHY
Introduction
History
Origins date back to at least 215 B.C
.
First codification was the English Marine Insurance Act of 1906. This is the act upon
which all subsequent acts are based, including the Canadian statutes. This was a codification of
existing jurisprudence and practice. The English Act was probably received in Canada as
Canadian law.
Governing Law/Legislation
Although the law of insurance is generally thought to come within Provincial jurisdiction
underthe heading property and civil rights in the Constitution Act, marine insurance is now
understood to be a matter governed by Canadian Maritime Law (Triglav v Terrasses Jewellers,
[1983] SCR 283)
.
of a policy
appraisals
relief
against forfeiture
waiver
misrepresentation
payment
time
of premiums
limitation
third
periods, and
Ordon v Grail
Although the various provincial acts have not been repealed and remain in force, the
decision of the Supreme Court of Canada in Ordon v Grail casts serious doubt on whether they
have any application to contracts of marine insurance. There may, however, be an exception for
limitation periods. (see s.10 below)
MIA
6. (1) A contract of marine insurance is a contract whereby the insurer undertakes
to indemnify the insured, in the manner and to the extent agreed in the contract,
against
(a) losses that are incidental to a marine adventure or an adventure analogous to a
marine adventure, including losses arising from a land or air peril incidental to
such an adventure if they are provided for in the contract or by usage of the trade; or
(b) losses that are incidental to the building, repair or launch of a ship.
(2) Subject to this Act, any lawful marine adventure may be the subject of a contract.
Marine Adventure
"marine adventure" means any situation where insurable property is exposed to
maritime perils, and includes any situation where
the earning or acquisition of any freight, commission, profit or other pecuniary benefit, or the
security for any advance, loan or disbursement, is endangered by the exposure of insurable
property to maritime perils, and
(b) any liability to a third party may be incurred by the owner of, or other person
interested in or responsible for, insurable property, by reason of maritime perils
Maritime Perils
"maritime perils" means the perils consequent on or incidental to navigation,
including perils of the seas, fire, war perils, acts of pirates or thieves, captures,
seizures, restraints, detainments of princes and peoples, jettisons, barratry and all
other perils of a like kind and, in respect of a marine policy, any peril designated
by the policy
(e) "maritime perils" means the perils consequent on, or incidental to, the navigation of
the sea, that is to say, perils of the seas, fire, war perils, pirates, rovers, thieves,
captures, seizures, restraints and detainments of princes and peoples, jettisons,
barratry and any other perils which are either of the like kind or may be designated by
the policy;
(f) "movables" means any movable tangible property, other than the ship, and includes
money, valuable securities and other documents;
(g) "policy" means a marine policy
;
(h) "ship" includes every description of vessel used in navigation;
(i) "suit" includes counter-claim and set-off.
MARINE INSURANCE
3.Marine Insurance defined.-A contract of marine insurance is an agreement whereby
the insurer undertakes to indemnify the assured, in the manner and to the extent
thereby agreed, against marine losses, that is to say, the losses incidental to marine
adventure.
4.Mixed sea and land risks.- (1) A contract of marine insurance may, by its express
terms, or by usage of trade, be extended so as to protect the assured against losses on
inland waters or on any land risk which may be incidental to any sea voyage.
(2) Where a ship in course of building, or the launch of a ship, or any adventure
analogous to a marine adventure, is covered by a policy in the form of a marine policy,
the provisions of this Act, in so far as applicable, shall apply thereto, but, except as by
this section provided, nothing in this Act shall alter or affect any rule of law applicable to
any contract of insurance other than a contract of marine insurance as by this Act
defined.
Explanation.- 'An adventure analogous to a marine adventure' includes an adventure
where any ship, goods or other movables are exposed to perils incidental to local or
inland transit
.
5.Lawful marine adventure.- Subject to the provisions of this Act, every lawful marine
adventure may be the subject of a contract of marine insurance
.
6.Avoidance of wagering contracts.- (1) Every contract of marine insurance by way of
wagering is void.
(a) where the assured has not an insurable interest as defined by this Act, and the
contract is entered
into with no expectation of acquiring such an interest; or
(b) where the policy is made "interest or no interest", or "without further proof of interest
than the
policy itself", or "without benefit of salvage to the insurer", or subject to any other like
term:
Provided that, where there is no possibility of salvage, a policy may be effected without
benefit of
salvage to the insurer.
7.Insurable interest defined.- (1) Subject to the provisions of this Act, every person has
an insurable
interest who is interested in a marine adventure.
(2) In particular a person is interested in a marine adventure where he stands in any
legal or equitable relation to the adventure or to any insurable property at risk therein, in
consequence of which he
may benefit by the safety or due arrival of insurable property, or may be prejudiced by
its loss, or by damage thereto, or by the detention thereof, or may incur liability in
respect thereof.
8.When interest must attach.- (1) The assured must be interested in the subject-matter
insured at the time of the loss, though he need not be interested when the insurance is
effected: Provided that, where the subject-matter is insured "lost or not lost", the
assured may recover
although he may not have acquired his interest until after the loss, unless at the time of
effecting the contract of insurance the assured was aware of the loss, and the insurer
was not.
(2) Where the assured has no interest at the time of the loss, he cannot acquire interest
by any act or election after he is aware of the loss.
9.Defeasible or contingent interest.- (1) A defeasible interest is insurable, as also is a
contingent interest.
(2) In particular, where the buyer of goods has insured them, he has an insurable
interest, notwithstanding that he might, at his election, have rejected the goods, or have
treated them as at the seller's risk, by reason of the latter's delay in making delivery or
otherwise.
10.Partial interest.- A partial interest of any nature is insurable
.
11.Reinsurance.- (1) The insurer under a contract of marine insurance has an insurable
interest in his risk, and may reinsure in respect of it.
(2) Unless the policy otherwise provides, the original assured has no right or interest in
respect of such reinsurance.
12.Bottomry.- The lender of money on bottomry or respondentia has an insurable
interest in respect of the loan.
13.Masters and seamens wages.- The master or any member of the crew of a ship has
an insurable interest in respect of his wages
.
14.Advance freight.- In the case of advance freight, the person advancing the freight
has an insurable interest, in so far as such freight is not repayable in case of loss
.
15.Charges of insurance.- The assured has an insurable interest in the charges of any
insurance which he may effect.
16.Quantum of interest.- (1) Where the subject-matter insured in mortgaged, the
mortgagor has an
insurable interest in the full value thereof, and the mortgagee has an insurable interest
in respect of any sum due or to become due under the mortgage.
(2) A mortgagee, consignee, or other person having an interest in the subject-matter
insured may insure on behalf and for the benefit of other persons interested as well as
for his own benefit.
(3) The owner of insurable property has an insurable interest in respect of the full value
thereof, notwithstanding that some third person may have agreed, or be liable to
indemnify him in case of loss.
17.Assignment of interest.- Where the assured assigns or otherwise parts with his
interest in the subject-matter insured, he does not thereby transfer to the assignee his
rights under the contract of insurance, unless there be an express or implied agreement
with the assignee to that effect.
But the provisions of this section do not affect transmission of interest by operation of
law.
INSURABLE VALUE
18.Measure of insurable value.- Subject to any express provision or valuation in the
policy, the insurable value of the subject-matter insured must be ascertained as
follows:
incurred to make the ship fit for the voyage or adventure contemplated by the
policy, plus the charges of insurance upon the whole: The insurable value, in the
case of a steamship, includes also the machinery, boilers, and coals and engine
stores if owned by the assured; in the case of a ship driven by power other than
steam includes also the machinery and fuels and engine stores, if owned by the
assured; and in the case of a ship engaged in a special trade, includes also the
ordinary fittings requisite for that trade
:
(3) In insurance on goods or merchandise, the insurable value is the prime cost of the
property insured, plus the expenses of and incidental to shipping the charges of
insurance upon the whole:
(4) In insurance on any other subject-matter, the insurable value is the amount at the
risk of the assured when the policy attaches, plus the charges of insurance.
DISCLOSURE AND REPRESENTATIONS
19.Insurance is uberrimaefidei.- A contract of marine insurance is a contract based
upon the utmost good faith, and if the utmost good faith, be not observed by either
party, the contract may be avoided by the other party.
20.Disclosure by assured.- (1) Subject to the provisions of this section, the assured
must disclose to the insurer, before the contract is concluded, every material
circumstance which, is known to the assured, and the assured is deemed to know every
circumstance which, in the ordinary course of business, ought to be known to him.If the
assured fails to make such disclosure, the insurer may avoid the contract.
(2) Every circumstance is material which would influence the judgment of a prudent
insurer in fixing the premium, or determining whether he will take the risk.
(3) In the absence of inquiry the following circumstances need not be disclosed, namely:
(a) any circumstance which diminishes the risk;
(b) any circumstance which is known or presumed to be known to the insurer.The
insurer is presumed to know matters of common notoriety or knowledge, and matters
which an insurer in the ordinary course of his business as such, ought to know;
(c) any circumstance as to which information is waived by the insurer;
(d) any circumstance which it is superfluous to disclose by reason of any express or
implied warranty.
(4) Whether any particular circumstance, which is not disclosed, be material or not is, in
each case, a question of fact.
(5) The term "circumstance" includes any communication made to, or information
received by, the assured.
21.Disclosure by agent effecting insurance.- Subject to the provisions of the preceding
section as to circumstances which need not be disclosed, where an insurance is
effected for the assured by an agent, the agent must disclose to the insurer
(a) every material circumstance which is known to himself, and an agent to insure is
deemed to know every circumstance which in the ordinary course of business ought to
be known by, or to have been communicated to, him, and
(b) every material circumstance which the assured is bound to disclose, unless it comes
to his knowledge too late to communicate it to the agent
.
22.Representations pending Negotiation of contract.- (1) Every material representation
made by the assured or his agent to the insurer during the negotiations for the contract,
and before the contract is concluded, must be true.If it be untrue the insurer may avoid
the contract
.
(2) A representation is material which would influence the judgment of a prudent insurer
in fixing the premium, or determining whether he will take the risk.
(3) A representation may be either as to a matter of fact, or as to a matter of expectation
or belief.
(4) A representation as to a matter of fact is true, if it be substantially correct, that is to
say, if the difference between what is represented and what is actually correct would not
be considered material by a prudent insurer.
(5) A representation as to a matter of expectation or belief is true if it be made in good
faith
.
(6) A representation may be withdrawn or corrected before the contract is concluded
(7) Whether a particular representation be material or not, is, in each case, a question of
fact.
23.When contract is deemed to be concluded.- A contract of marine insurance is
deemed to be concluded when the proposal of the assured is accepted by the insurer,
whether the policy be then issued or not' and for the purpose of showing when the
proposal was accepted, reference may be
made to the slip, covering note or other customary memorandum of the contract,
although it be
unstamped.
THE POLICY
24.Contract must be embodied in policy.- A contract of marine insurance shall not be
admitted in evidence unless it is embodied in a marine policy in accordance with this
Act.The policy may be executed and issued either at the time when the contract is
concluded, or afterwards.
25.What policy must specify.-A marine policy must specify(1) the name of the assured, or of some person who effects the insurance on his
behalf;
(2) the subject-matter insured and the risk insured against;
(3) the voyage, or period of time, or both, as the case may be, covered by the
insurance
(3) Where the policy designates the subject-matter insured in general terms, it shall be
construed to apply to the interest intended by the assured to be covered.
(4) In the application of this section regard shall be had to any usage regulating the
designation of the subject-matter insured.
29.Valued policy.- (1) A policy may be either valued or unvalued
.
(2) A valued policy is a policy which specifies the agreed value of the subject-matter
insured.
(3) Subject to the provisions of this Act, and in the absence of fraud, the value fixed by
the policy is, as between the insurer and assured, conclusive of the insurable value of
the subject intended to beinsured, whether the loss be total or partial.
(4) Unless the policy otherwise provides, the value fixed by the policy is not conclusive
for the purpose of determining whether there has been a constructive total loss
.
30.Unvalued policy.- An unvalued policy is a policy which does not specify the value of
the subjectmatter insured, but subject to the limit of the sum insured, leaves the
insurable value to besubsequently ascertained, in the manner hereinbefore explained.
31.Floating policy by ship or ships.- (1) A floating policy is a policy which describes the
insurance ingeneral terms, and leaves the name or names of the ship or ships and other
particulars to be defined by subsequent declaration.
(2) The subsequent declaration or declarations may be made by endorsement on the
policy, or in other customary manner.
(3) Unless the policy otherwise provides, the declarations must be made in the order of
dispatch or shipment.They must, in the case of goods, comprise all consignments within
the terms of the policy, and the value of the goods or other property must be honestly
stated, but an omission or erroneous declaration may be rectified even after loss or
arrival, provided the omission or declaration was made in good faith.
(4) Unless the policy otherwise provides, where a declaration of value is not made until
after notice of loss or arrival, the policy must be treated as an unvalued policy as
regards the subject-matter of that declaration
.
32.Construction of terms in policy.- (1) A policy may be in the form in the Schedule.
(2) Subject to the provisions of this Act, and unless the context of the policy otherwise
requires, the
terms and expressions mentioned in the Schedule shall be construed as having the
scope and
meaning assigned to them in the Schedule.
Parties
1 Assured
The assured, also called the insured, is the person who has taken out the policy and is obliged to
pay the premium
.
2 Additional Assured
Policies of marine insurance frequently either name additional assureds or contain a clause that
extends the insurance to additional assureds by description.
3 Underwriters
Underwriters are the entities that agree to indemnify the assured upon the happening of an
insured
loss. They are also called insurers. Underwriters can be individuals or corporations. Underwriters
at Lloyds are represented by various syndicates who negotiate and sign policies on behalf of the
names they represent.
It is not unusual for a policy of marine insurance to have more than one underwriter. In fact, it is
usual for there to be more than one. The policy will name the underwriters and specify the extent
of each underwriters interest. The first underwriter named on the policy is the lead underwriter.
This is the underwriter that will make most decisions that are required to be made in the event of
a loss.
3.4 Brokers
Brokers play an important role in marine insurance. They are the agents of the assured. The
broker will meet with the assured to determine its insurance requirements. The broker will then
canvass the market to find underwriters willing to insure the assured and will negotiate terms
with
those underwriters. The broker may also become involved in the event of a loss by presenting the
loss to underwriters and negotiating on behalf of the assured.
1 Requirements
ss.25-28 MIA
A contract of marine insurance is not admissible in evidence unless it is evidenced by a marine
policy. (s.25(1) MIA)
A marine policy need not be executed and issued when the contract is made but may executed
and issued afterwards. (s25(2) MIA)
A Marine policy must specify:
the name of the insured,
the subject matter insured (see also s.28 MIA),
the perils insured against,
the voyage or period covered,
the sum insured, and
the name of the insurer. (s.26 MIA)
A marine policy must be signed by the insurer. (s.27 MIA)
the commencement of the risk plus the insurance charge. In the case of cargo, the indemnity is
the
prime cost of the goods, plus the shipping and insurance expenses
.
of the policy and the intention of the parties as disclosed by the words used. Further, such a
review might lead one to believe that the doctrine of contra proferentem is the first rule of
interpretation of insurance contracts. This is, however, not the case. Consolidated Bathurst makes
it very clear that the doctrine of contra proferentem is but one tool to determine the true intent of
the parties. The approach set out in Consolidated Bathurst was recently restated by the Supreme
Court of Canada in Bristle v Westbury Life Insurance Co., (1992) 13 C.C.L.I. (2d) 1. In that case
the Supreme Court noted that where two or more meanings are possible the court should select
the meaning that promotes the intent of the parties. Further, the Supreme Court specifically said
that courts should avoid an interpretation which will give either a windfall to the insurer or an
unanticipated recovery to the insured
The Premium s
1 Amount of Premium s
If the premium is not specified in the policy a reasonable premium is payable
2 Obligation to Pay s
The obligation to pay the premium is the assured's although the broker can also be liable if it
effects the policy on behalf of the assured
.
3 Return of Premium s
A premium or part thereof is returnable to the assured where the policy contains a provision
requiring the premium to be returned upon the happening of an event and that event happens.
(s.83 MIA)
A premium or part thereof is returnable to the assured where there has been a total failure of
consideration and there is no fraud or illegality on the part of the assured. (s.84 MIA)
A premium or part thereof is returnable to the assured where the circumstances described in
subsections 2 through 11 of s. 85 MIA apply:
(2) Where a marine policy is void, or is avoided by the insurer as of the
commencement of the risk, and there is no fraud or illegality on the part of the
insured or the insured's agent, the premium is returnable.
(3) Where the risk is not apportionable and has once attached, subsection (2) does
not apply and the premium is not returnable.
(4) Where the subject-matter insured or part of the subject-matter insured has
never been exposed to any peril insured against, the premium or a proportionate
part of the premium, as the case may be, is returnable.
(5) Where the subject-matter is insured "lost or not lost" and has arrived at its
destination safely before the contract is concluded, subsection (4) does not apply
and the premium is not returnable unless, at the time the contract is concluded,
the insurer knows of the safe arrival.
(6) Where an insured has no insurable interest throughout the period of the risk,
the premium is returnable.
(7) Subsection (6) does not apply in respect of a contract by way of gaming or
wagering and the premium is not returnable.
(8) Where an insured is over-insured under an unvalued policy, a proportionate
part of the premium is returnable.
(9) Where an insured has a defeasible interest in the subject-matter insured that is
terminated during the period of the risk, the premium is not returnable.
(10) Subject to subsections (2) to (9), where an insured is over-insured by double
insurance, a proportionate part of the premiums is returnable.
(11) Subsection (10) does not apply
(a) where the double insurance is knowingly effected by the insured, in
which case none of the premiums is returnable; and
(b) where the policies are effected at different times and either the earlier
policy has at any time borne the entire risk or a claim has been paid on
the earlier policy in respect of the full sum insured by it, in which case the
premium for the earlier policy is not returnable and the premium for the
later policy is returnable.
2 Total Loss
(1) A loss is an actual total loss if the subject-matter insured is destroyed or is
so damaged as to cease to be a thing of the kind insured or if the insured is
irretrievably deprived of the subject-matter.
(2) Where a ship engaged in a marine adventure is missing and no news of the ship
is received within a reasonable period, an actual total loss may be presumed.
3.1 Abandonment
Where there is a constructive total loss the assured may either treat the loss as a partial loss or
may treat it as a total loss. If the assured elects to treat it as a total loss, the assured must
abandon the property to its insurers by delivering a notice of abandonment. The insurer may
either accept the notice of abandonment or reject it. If the insurer accepts the notice it becomes
obligated to pay as though there was a total loss and it acquires the interest of the assured in the
property.
(1) An insured may treat a constructive total loss as a partial loss or may
abandon the subject-matter insured to the insurer and treat the constructive total
loss as an actual total loss.
(2) Subject to this section and section 59, an insured who elects to abandon the
subject-matter insured to the insurer must give a notice of abandonment to the
insurer with reasonable diligence after the insured receives reliable information of
the loss.
(3) An insured who receives doubtful information of a loss is entitled to a
reasonable time to make inquiries before giving a notice of abandonment
.
(4) An insured may give a notice of abandonment orally or in writing, or partly
orally and partly in writing, and in any terms that indicate the insured's intention to
abandon unconditionally the insured interest in the subject-matter to the insurer.
(5) If an insured fails to give a notice of abandonment as required by this section,
the constructive total loss may be treated only as a partial loss.
(1) An insured is not required to give a notice of abandonment to the insurer if
(a) the loss is an actual total loss;
(b) notice is waived by the insurer; or
(c) at the time the insured receives information of the loss, there is no possibility of
benefit to the insurer if notice were given to the insurer.
(2) An insurer who has reinsured a risk is not required to give a notice of
abandonment to the reinsurer.
.(1) If an insured gives a notice of abandonment as required by section 58, the
rights of the insured are not prejudiced by a refusal of the insurer to accept the
abandonment.
.4 Partial Losses
(2) Where insured goods reach their destination in specie but cannot be identified
by reason of obliteration of marks or otherwise, the loss, if any, is a partial loss.
(3) Unless a marine policy otherwise provides, an insured who brings an action for
a total loss but establishes only a partial loss may recover for a partial loss.
4.1.2 Of Goods
2. (1) Subject to any express provision in the policy, the measure of indemnity in
respect of a partial loss of goods or movables is
(a) where part of the goods or movables insured by an unvalued policy is totally
lost, the insurable value of the part lost, ascertained as in the case of a total los
s;
(b) where part of the goods or movables insured by a valued policy is totally lost,
that proportion of the value of the goods or movables specified by the policy that
the insurable value of the part lost bears to the insurable value of all the goods or
movables, ascertained as in the case of an unvalued policy; and
(c) where the whole or any part of the goods or movables is delivered damaged at
its destination, that proportion of the insurable value of all the goods or movables,
in the case of an unvalued policy, or the value of all the goods or movables
specified by the policy, in the case of a valued policy, that the difference between
the gross value of all the goods or movables in a sound condition at that destination
and their gross value in their damaged condition at that destination bears to the
gross value of all the goods or movables in a sound condition at that destination.
7 Proportional Liability
. Where a loss is recoverable under a marine policy, the insurer, or each insurer
if there is more than one, is liable for that proportion of the measure of indemnity
in respect of the loss that the amount subscribed by the insurer is of
(a) in the case of an unvalued policy, the insurable value of the subject-matter; and
(b) in the case of a valued policy, the value of the subject-matter specified by the
Policy
.
8 Successive Losses
. (1) Subject to this Act and unless the marine policy otherwise provides, an
insurer is liable for successive losses, even if the total amount of the losses exceeds
the sum insured.
(2) Where, under a marine policy, a partial loss that has not been repaired or
otherwise made good is followed by a total loss, the insurer is liable only for the
total loss
.
(3) Nothing in subsections (1) and (2) shall be construed as affecting the liability of
an insurer under a sue and labour clause
.
Warranties
1 What is a warranty
A warranty is defined in s.32 MIA as follows:
. (1) In this section and sections 33 to 39, "warranty" means a promissory
warranty by which the insured
(a) undertakes that some particular thing will or will not be done or that some
condition will be fulfilled; or
(b) affirms or negates the existence of particular facts.
(2) A warranty may be an express warranty or an implied warranty.
2 Implied Warranties
There are three warranties implied by the MIA. They are the warranty of legality, neutrality and
Seaworthiness
.
The warranty of legality is one which is often expressly included in policies as well as implied.
Where there is an express warranty of legality it will have precedence over the implied warranty
to the extent the two are inconsistent.
In Harbour Inn Seafoods v Switzerland (1991) 6 ANZ Ins. 61-048, it was held that a breach of
the collision regulations was a breach of the implied warranty of legality.
In James Yachts Ltd. v Thames and Mersey Marine Insurance Co. [1976] I.L.R. 1-751, it was
held that a breach of Municipal by-laws was a breach of the implied warranty of legality that
discharged the insurer from liability.
The implied warranty of seaworthiness applies with full effect only to voyage policies. The
warranty is that the ship will be seaworthy "at the commencement of the voyage" for the
particular adventure insured. A seaworthy ship is one that is "reasonably fit in all respects to
encounter the ordinary perils of the adventure insured". In a time policy there is no warranty of
seaworthiness but "where, with the privity of the assured, the ship is sent to sea in an
unseaworthy state, the insurer is not liable for any loss attributable to unseaworthiness". Thus,
in a voyage policy the insurer needs to prove only one thing; that the ship was unseaworthy at
the commencement of the voyage. In a time policy, on the other hand, the insurer needs to prove
three things; that the ship was unseaworthy, that the unseaworthiness caused the loss, and that
the assured was privy to the unseaworthy state of the ship.
The warranty of seaworthiness relates not only to the hull but also to the machinery and
equipment, the crew, and the way in which a ship is loaded (or overloaded). In Laing v Boreal
Pacific (2000) 264 N.R. 378, which concerned a time policy, it was held that an overloaded
vessel was unseaworthy to the knowledge of the owner and the insurer was entitled to avoid
liability.
There is no implied warranty of seaworthiness with respect to property other than a ship, i.e. to
cargo but, if the policy is a voyage policy there is an implied warranty that the ship is
seaworthy.
.3 Express Warranties
3.1 s.33 MIA
(1) An express warranty may be in any form of words from which the intention
to warrant may be inferred.
(2) An express warranty must be included in, or written on, the marine policy or be
contained in a document incorporated by reference into the policy
i.
It should be noted that a breach of a warranty discharges an insurer from liability from the date
of the breach. This is the case even if the breach is remedied before any loss. The insurer is
also not required to make an election as with a failure to disclose material facts or a
misrepresentation. Moreover, there is no requirement that the warranty be material to the risk.
The consequences of a breach of warranty may only be avoided by an express relieving
provision in the policy or by a waiver of the breach by the insurer. A waiver will only be found
where the insurer has full knowledge of the breach and demonstrates an intention to treat the
contract as continuing. (Daneau v Laurent GendronLtee, [1964] Ll. L. R. 220)7.2.5
The exclusion for loss or damage to machinery not otherwise covered by a specified peril should
be considered in light of the modern inchmaree clauses found in most policies. The
inchmaree clauses are not standardised but they generally extend coverage to loss or damage
applicable limitation period could be the six years prescribed by section 39(2) of the Federal
Court Act. If the action is commenced in a court other than the Federal Court section 39 has no
application and the provincial limitation period is constitutionally inapplicable. In such a case
there is either no prescribed limitation period or the matter is governed by common law equitable
considerations of undue delay and prejudice rather than definite time limits. (Roscoe's Admiralty
Practice, (5th ed.) at p.102; The Kong Magnus, [1891] P. 223)
2 Overinsurance
85(8) Where an insured is over-insured under an unvalued policy, a proportionate
part of the premium is returnable\
3 Double Insurance s
(1) An insured is over-insured by double insurance if two or more marine
policies are effected by or on behalf of the insured on the same marine adventure
and interest or part thereof and the sums insured exceed the indemnity allowed by
this Act.
.
(2) An insurer who contributes more to the payment of a loss than required by
subsection (1) is entitled to bring an action against the other insurers for
contribution and to such other remedies as a surety is entitled to for paying more
than the surety's proportion of a debt.
MARKETING STRATEGY
Strategic management has been utilized by organizations for formulating strategies. In general,
strategic management is a process of formulating, choosing, and implementing strategy to reach
organizations missions or objective accompanying with the analyses of internal and external factors.
Since no business is operated under unlimited sources, quite often, a company is forced to adopt the
most effective strategy in a certain functional level in order to maximize its efficiency
1 Strategic management
Strategic management is an academic term for strategic planning which is preferred to be used in the
business world; nevertheless, strategic planning is referred to strategy formulation only.
Strategic management enables organizations to be proactive by implementing long-term planning.
Fred R. David (2009) described strategic management as the
2 strategy thinking
Strategic thinking, the prime task of strategic management, was once described as the input of
strategic planning. (Fred 2009; Briefing Notes: What is Strategic Thinking 2001.) Strategic thinking
aims to help managers, who influence the companys direction, to be proactive and creative
.
Strategic thinking originates from military practices. The highest rated strategic book is The Art of
War written by an ancient Chinese, SunTzu. In his book, he emphasizes the importance of
positioning in military strategy, and advocates for placing an army according to both the objective
conditions in the physical environment and the subjective beliefs of other competitive actors in that
environment. (The Art of War 2010.)
Thus, strategic thinking should consider a companys strengths and weakness, products and
offerings, environment of the industry, market and customer, competitors and substitutes, suppliers
and buyers. (Briefing Notes: What is Strategic Thinking 2001.)
2.1.2 Strategic management process
Strategic management processes begin first with environment scanning where mangers scan the
external and internal factors that affect the operation of the organization. Meanwhile, basing on the
internal analysis of vision and mission for an organization, manager must set the long-term objective
towards which the strategy needs to achieve
.
Afterwards, strategy management will be performed in three parts: strategic formulation, strategic
implementation, and strategic evaluation.
During strategic formulation, managers need to understand the vision and mission of the
organization, set long-term objectives, identify external opportunities and threats, analyse internal
strengths and weakness, and generate alternative strategies. Since all resources for the organization
operations are limited, managers often unable to conduct all the strategies. Therefore, the strategy
formulation requires
managers to choose the best strategy for the organization to implement to narrow the strategy to a
specific product or service, market, resources and technologies over an extended period. (Fred 2009.)
After determining the strategy to adopt, managers come to the strategy implementation stage, where
the chosen strategy should be actualized. In other words, a series of programs or activities should be
defined into detailed actions and movements.
Strategy evaluation, the final stage of the strategic management process, refers to collect information
about the strategy, and to obtain feedback for later improving. Strategic evaluation activities include
1) reviewing external and internal factors, 2) measuring performance and 3) taking corrective actions.
3 Environmental scanning
Environmental scanning of a company consists of two parts: external environmental analysis and
internal environmental analysis. In general, external analyses enable a company to find the
opportunities and threats it may face. Internal analyses, on the other hand, assess the organizations
own strengths and weakness. (Fred 2009.)
External factors
Summarized by Wheelen and Hunger (2008), external factors that affect hugely on business can be
identified as social environment factors and industry environment factors.
1) Social environment factors
Generally, the social environment is analysed in country level. It consists the elements such as
political and legal issues, economic factors, social and cultural impacts, technologic de Saylor URL:
E-mail Marketing
1 Introduction
At its core, e-mail marketing is a tool for customer relationship management (CRM). Used
effectively, this extension of permission-based marketing can deliver one of the highest returns on
investment (ROI) of any eMarketing activity. Simply put, e-mail marketing is a form of direct
marketing that utilizes electronic means to deliver commercial messages to an audience. It is one of
the oldest and yet still one of the most powerful of all eMarketing tactics. The power comes from the
fact that it is the following
:
Extremely cost effective due to a low cost per contact
Highly targeted
Customizable on a mass scale
Completely measurable
Furthermore, e-mail marketings main strength is that it takes advantage of a customers most
prolific touch point with the Internet: their in-box. E-mail marketing is a tool for building
relationships with both existing and potential customers. It should maximize the retention and value
of these customers, which should ultimately velopment, and environmental circumstances
2History
LEARNING OBJECTIVE
1. Understand how e-mail developed into an important eMarketing tool.
E-mail is probably ubiquitous to you, but there was a time when there was no e-mail!
E-mail actually predates the Internet and was first used way back in 1961 as a way for users of the same
computer to leave messages for each other. Ray Tomlinson is credited with creating the first network e-mail
application in 1971. He initiated the use of the @ sign and the address structure that we use today
(username@hostname).[1] E-mail was used to send messages to computers on the same network and is still used
for this purpose today
.
It was only in 1993 that large network service providers, such as America Online and Delphi, started to
connect their proprietary e-mail systems to the Internet. This began the large-scale adoption of Internet email as a global standard. Coupled with standards that had been created in the preceding twenty years,
the Internet allowed users on different networks to send each other messages.
The first e-mail spam dates back to 1978. Spam is defined as unsolicited commercial or bulk e-mail.
In fact, more than 97 percent of all e-mails sent over the Net are spam! [2]
Direct marketing has long played an integral part in marketing campaigns, but the high cost meant
that only large companies were able to pursue it. However, with the growth of the Internet, and the
use of e-mail to market directly to consumers, marketers have found these costs dropping and the
effectiveness increasing.
If you consider marketing as communicating with current and potential customers, you will see that
every e-mail that is sent from your organization should be considered as part of your holistic e-mail
marketing strategy. Does that sound a little complicated? Consider an online retailer,
http://www.zappos.com. Zappos is an online shoe retailer. What are the ways that, as a customer,
you might receive e-mails from Zappos?
Transactional e-mails. When you place an order, there will be a number of e-mails that you receive,
from confirmation of your order to notice of shipping. Should you need to return an item, you will no
doubt communicate with Zappos via e-mai
l.
Newsletters. These are e-mails that are sent to provide information and keep customers informed.
They do not necessarily carry an overt promotion but instead ensure that a customer is in regular contact
with the brand. These build relationships and foster trust between customers and their chosen brands.
Promotional e-mails. Should Zappos have a summer sale, they will send an e-mail relating directly to
that promotion.
All the communication sent out can be used to convey your marketing message. Every touch point
will market the organization. However, here we will focus on commercial e-mails.
There are two types of commercial e-mails:Saylor URL: http://www.saylor.org/books Saylor.org 14
1. Promotional e-mails. These are more direct and are geared at enticing the user to take an immediate
action. They always feature a call to action and are designed around a specific goal.
2. Retention-based e-mails. Also referred to as newsletters, these may include promotional messages but
should be focused on providing information of value to the user, geared at building a long-term
relationship with the user.
As with all eMarketing activities, careful planning is called for, as is careful testing and evaluating, so
as to optimize your revenue. E-mail marketing may be highly cost effective, but the cost of getting it
wrong can be very high indeed.
The nine steps are as follows and will be addressed in the following subsections:
1. Strategic planning
2. Definition of list
3. Creative execution
4. Integration of campaign with other channels
5. Personalization of the message
6. Deployment
7. Interaction handling
8. Generation of reports
9. Analysis of results