Marine insurance is an important component of international trade and commerce and
subject to international regulations in every stage of operations. It is governed by the Marine Insurance Act 1963 in India and guided by the various clauses formulated by the Institute of London Underwriters (ILU) and the international commercial terms known as ‘Incoterms’. This paper analyses the legal aspects the marine insurance in India and provides an overview and analysis of the Marine Insurance Act, 1963. It would mainly focus on the types of marine insurance policies available and the perils of the sea. Marine insurance Act excludes the peils caused due to general winds and waves during the voyage which also effect the quality of the goods transported. This paper would analyse if the current system is to be amended to include them as to help the shipping companies to futher include them under the perview of the insuring companies and can compensation be paid for such damages as well.
Research questions: 1. what are the types of marine insurance available? 2. Whether the current position of law on perils of sea is to be amended to benefit the insurer?