Marine Insurance

This is the oldest branch of Insurance and is closely linked to the practice of Bottomry which has been
referred to in the ancient records of Babylonians and the code of Hammurabi way back in B.C.2250.
Manufacturers of goods advanced their material to traders who gave them receipts for the materials
and a rate of interest was agreed upon. If the trader was robbed during the journey, he would be freed
from the debt but if he came back, he would pay both the value of the materials and the interest.
Marine insurance is an agreement (contract) by which the insurance company (also known as
underwriter) agrees to indemnify the owner of a ship or cargo against risks, which are incidental to
marine adventures. It also includes insurance of the risk of loss of freight due on the cargo. Marine
insurance that covers the risk of loss of cargo by storm known as cargo insurance. The owner of the
ship may insure it against loss on account of perils of the sea. When the ship is the subject matter of
insurance, it is known as hull insurance. Further, where freight is payable by the owner of cargo on
safe delivery at the port of destination, the shipping company may insure the risk of loss of freight if
the cargo is damaged or lost. Such a marine insurance is known as freight insurance. All marine
insurance contracts are contracts of indemnity.

Marine insurance covers the loss or damage of ships, cargo, terminals, and any transport or cargo by
which property is transferred, acquired, or held between the points of origin and final destination.
Cargo insurance — discussed here — is a sub-branch of marine insurance, though Marine also
includes Onshore and Offshore exposed property (container terminals, ports, oil platforms, pipelines);
Hull; Marine Casualty; and Marine Liability.

Maritime insurance was the earliest well-developed kind of insurance, with origins in the Greek and
Roman maritime loan. Separate marine insurance contracts were developed in Genoa and other Italian
cities in the fourteenth century and spread to northern Europe. Premiums varied with intuitive
estimates of the variable risk from seasons and pirates.

Meaning & Principles of Marine Insurance.

Marine insurance is concerned with overseas trade. International trade involves transportation of
goods from one country to another country by ships. There are many dangers during the transhipment.
The persons who are importing the goods will like to ensure the safe arrival of their goods. The
shipping company wants the safety of the ship. So marine insurance insures the coverage of all types
of risks which occur during the transit. Marine insurance may be called a contract whereby the insurer
undertakes to indemnify the insured in a manner and to the extent thereby agreed upon against marine
losses.

Marine insurance has two branches:

1. Ocean Marine Insurance.

2. Inland Marine Insurance.

Ocean marine insurance covers the perils of the sea whereas inland marine insurance is related to the
inland risks on the land. Marine insurance is one of the oldest forms of insurance. It has developed
with the expansion of trade. It was started during the middle ages in Italy and then in England. The
sending of goods by the sea involves many perils; so it was necessary to get the goods insured. In
modern times marine insurance business is well organized and is carried on scientific lines.

Principles of Marine Insurance

The principles of all types of insurance are generally the same and they have been discussed earlier, in
detail. Some of the principles related to marine insurance are given as under:

I. Utmost good faith:

The marine contract is based on utmost good faith on the part of the parties. The burden of this
principle is more on the insured than on the underwriter. The insured should give full information
about the subject to the insured. He should not withhold any information. If a party does act in good
faith, the other party is at liberty to cancel the contract.

II. Insurable Interest:

Insurable interest means that the insured should have interest in the subject when it is to be insured.
He should be benefited by the safe arrival of commodities and he should be prejudiced by loss or
damage of goods. The insured may not have an insurable interest at the time of acquiring a marine
insurance policy, but he should have a reasonable, expectation of acquiring such interest. The insured
must have insurable interest at thetime of loss or damage, otherwise he will not be able to claim
compensation.

III. Indemnity:

This principle means that the insured will be compensated only to the extent of loss suffered. He will
not be allowed to earn profit from marine insurance. The underwriter provides to compensate the
insured in cash and not to replace the cargo or the ship. The money value of the subject-matter is
decided at the time of taking up the policy. Sometimes the value is calculated at the time of loss also.

IV. Cause Proxima:

This is a Latin word which means the nearest or proximate cause. It helps is deciding the actual cause
of loss when a number of causes have contributed to the loss. The immediate cause of loss should be
determined to fix the responsibility of the insurer. The remote cause for a loss is not important in
determining the liability. If the proximate cause is insured against, the insurer will indemnify the loss.

FEATURES OF MARINE INSURANCE

1) Offer & Acceptance: It is a prerequisite to any contract. Similarly the goods under marine (transit)
insurance will be insured after the offer is accepted by the insurance company. Example: A proposal
submitted to the insurance company along with premium on 1/4/2011 but the insurance company
accepted the proposal on 15/4/2011. The risk is covered from 15/4/2011 and any loss prior to this date
will not be covered under marine insurance.

2) Payment of premium: An owner must ensure that the premium is paid well in advance so that the
risk can be covered. If the payment is made through cheque and it is dishonoured then the coverage of
risk will not exist. It is as per section 64VB of Insurance Act 1938- Payment of premium in advance.
(Details under insurance legislation Module).

3) Contract of Indemnity: Marine insurance is contract of indemnity and the insurance company is
liable only to the extent of actual loss suffered. If there is no loss there is no liability even if there is
operation of insured peril. Example: If the property under marine (transit) insurance is insured for Rs
20 lakhs and during transit it is damaged to the extent of Rs 10 lakhs then the insurance company will
not pay more than Rs 10 lakhs.

4) Utmost good faith: The owner of goods to be transported must disclose all the relevant information
to the insurance company while insuring their goods. The marine policy shall be voidable at the
option of the insurer in the event of misrepresentation, miss-description or non-disclosure of any
material information. Example: The nature of goods must be disclosed i.e. whether the goods are
hazardous in nature or not, as premium rate will be higher for hazardous goods.

5) Insurable Interest: The marine insurance will be valid if the person is having insurable interest at
the time of loss. The insurable interest will depend upon the nature of sales contract. Example: Mr. A
sends the goods to Mr. B on FOB (Free on Board) basis which means the insurance is to be arranged
by Mr. B. And if any loss arises during transit then Mr. B is entitled to get the compensation from the
insurance company. Example: Mr. A sends the goods to Mr. B on CIF (Cost, Insurance and Freight)
basis which means the insurance is to be arranged by Mr. A. And if any loss arises during transit then
Mr. A is entitled to get the compensation from the insurance company.

6) Contribution: If a person insures his goods with two insurance companies, then in case of marine
loss both the insurance companies will pay the loss to the owner proportionately. Example; Goods
worth Rs. 50 lakhs were insured for marine insurance with Insurance Company A and B. In case of
loss, both the insurance companies will contribute equally.