Marine Insurance Definition and risks covered Sec. 99.

Marine Insurance includes: (1) Insurance against loss of or damage to: (a) Vessels, craft, aircraft, vehicles, goods, freights, cargoes, merchandise, effects, disbursements, profits, moneys, securities, choses in action, evidences of debts, valuable papers, bottomry, and respondentia interests and all other kinds of property and interests therein, in respect to, appertaining to or in connection with any and all risks or perils of navigation, transit or transportation, or while being assembled, packed, crated, baled, compressed or similarly prepared for shipment or while awaiting shipment, or during any delays, storage, transhipment, or reshipment incident thereto, including war risks, marine builder's risks, and all personal property floater risks; (b) Person or property in connection with or appertaining to a marine, inland marine, transit or transportation insurance, including liability for loss of or damage arising out of or in connection with the construction, repair, operation, maintenance or use of the subject matter of such insurance (but not including life insurance or surety bonds nor insurance against loss by reason of bodily injury to any person arising out of ownership, maintenance, or use of automobiles); (c) Precious stones, jewels, jewelry, precious metals, whether in course of transportation or otherwise; (d) Bridges, tunnels and other instrumentalities of transportation and communication (excluding buildings, their furniture and furnishings, fixed contents and supplies held in storage); piers, wharves, docks and slips, and other aids to navigation and transportation, including dry docks and marine railways, dams and appurtenant facilities for the control of waterways. (2) "Marine protection and indemnity insurance," meaning insurance against, or against legal liability of the insured for loss, damage, or expense incident to ownership, operation, chartering, maintenance, use, repair, or construction of any vessel, craft or instrumentality in use of ocean or inland waterways, including liability of the insured for personal injury, illness or death or for loss of or damage to the property of another person. Transportation Insurance- concerned with perils of property in or incidental to transit as opposed to property perils at a fixed location, but does not include normal motor vehicle insurance which is treated separately by law. Divisions 1) Ocean marine insurance- insurance against risk connect with navigation, to which a ship, cargo, freightage, profits or other insurable interest in movable property may be exposed during a certain voyage or a fixed period of time Scope- 1) ships or hull 2) goods or cargoes 3) earnings such as freight, passage, money, commission or profits 4) liability incurred by the owner or any party responsible for the insured property - Perils covered- the phrase ‘perils of the sea’ includes only those casualties due to the unusual violence or extraordinary action of wind and wave, or to other extraordinary causes connected with navigation. It embraces all kind of marine casualties such shipwreck, collision and every species of damage done by violent actions of the wind and waves and has been said to include only such losses as are extraordinary nature or arise from overwhelming power which cannot be guarded against by ordinary exertion of human skill or prudence - Includes barratry or the willful misconduct on part of the master or crew in pursuance of some unlawful or fraudulent purpose without the consent of the owners and to the latter’s prejudice

136. cargo. and other instrumentalities of transportation and communication d) Floater.g.to be eligible. tunnels. or class of things.bridges. Kinds 1) Gross average. These perils are not undertaken by insurance policies. in order to save the vessel. or class of things. Average.- Perils of the sea must be the proximate cause to make the insurer liable Perils not covered. of the whole of such thing.insures against all causes conceivable loss or damage. It must be borne equally by all of the interests concerned in the venture Requisites 1) common danger to the vessel and cargo 2) part of the vessel or cargo is sacrificed deliberately 3) it is for the common safety or for the safety of all 4) made by the master or upon his authority 5) not caused by any fault of the party asking contribution 6) it is successful Formula for liability- . and all the damages to the vessel and cargo from the time it is loaded and the voyage commenced until it ends and the cargo unloaded. shall be free from particular average. or both. 2) Inland marine insurance. except otherwise excluded or due to fraud or intentional misconduct. o both at the same time from a real and known risk. the risk must involve an element of transportation.any extraordinary or accidental expense incurred during voyage for the preservation of the vessel. at the port of destination. jewelries. It has evolved to grant greater protection than that afforded by the perils clause. Mere fact that the injury is from a marine force violence does not necessarily bring it within the protection of such violence is not unusual or unexpected . even though it becomes entirely worthless.losses resulting from ordinary wear and tear or other damage usually incident to the voyage. ‘All risks’ marine insurance policy.protection for property frequently exposed to loss while in transit b) Bailee liability.includes damages which are deliberately caused by the master of the vessel or upon his authority.a loss which results from the natural and inevitable action of the sea. a marine insurer is not liable for any particular average loss not depriving the insured of the possession. motor trucks. It also covers other waterborne perils outside of those risks falling definitely within the ocean marine insurance Scope.Perils of the ships. subject to the territorial limits of the contracts (e. but such insurer is liable for his proportion of all general average loss assessed upon the thing insured. from the ordinary wear and tear of the ship or from the negligent failure of the of the ship’s owner to provide the vessel with proper equipments to convey the cargo under normal circumstances. Where it has been agreed that an insurance upon a particular thing. airplanes and other means of transportation.insurance that follow the insured property wherever it may be located.covers primarily the land or over the land transportation perils of property shipped by railroads.protection to persons who have temporary custody over the goods of others c) Fixed transportation property. work of art) General and Particular Average Sec. her cargo. There are four divisions or classes: a) Property in transit.

In every contract of marine insurance. Home Assurance v CA.The liability for contribution in general average is not based on the express terms of the policy. the fire was not a natural disaster or calamity. • Perils of the ship – injuries suffered by the vessel in consequence of it not being seaworthy at the outset of the voyage. lightning. in the ordinary course of events. winds and waves. tempests. Such a loss is called the "peril of the ship. includes extraordinary occurrences such as stress of weather. but is due to fault or negligence. Roque v IAC. is not a peril of the sea. and salt conditions. It places the insurer on the same footing as other persons who have an interest in the vessel. or the cargo therein at the time of the occurrence of the general average and who are compelled to contribute Phil. a warranty is implied that the ship shall be seaworthy at the time of the inception of the voyage. which. rocks and the like.includes all damage and expense caused to the vessel or to her cargo which have not inured to the common benefit and profit of all persons interested in the vessel and her cargo.A loss. La Razon v Union Insurance. At any rate if the insurer cannot be held accountable. but upon the theory that from the relation of the parties and for their benefit. It is suffered and borne alone by the owner of the cargo or vessel. Liability is usually agreed upon by the parties Jarque v Smith Bell & Co. results from the natural and inevitable action of the sea. a quasi contract is implied by law. A ship that is seaworthy for the . In this case. in the ordinary course of events. or by the violence of the elements and does not embrace all losses happening at sea. • With reference to the seaworthiness of the ship: It is universally accepted that in every contract of insurance upon anything which is the subject of marine insurance. therefore the consignee cannot be held liable for additional freight charges.2) Simple or particular average. The cargo-owner may have no control over the vessel but he has full control in the choice of the common carrier that will transport his goods. or from the negligent failure of the ship owner to provide the vessel with proper equipment to convey the cargo under ordinary conditions. Perils of the sea and perils of the ship Cathay Insurance v CA. from the ordinary wear and tear of the ship. •Perils of the sea – extends only to losses caused by sea damage. results from the natural and inevitable action of the sea. loss which.The rusting of steel pipes in the course of a voyage is a "peril of the sea" in view of the toll on the cargo of wind. water. it becomes the obligation of a cargo owner to look for a reliable common carrier which keeps its vessels in seaworthy condition. or from the negligent failure of the ship's owner to provide the vessel with proper equipment to convey the cargo under ordinary conditions.Fire cannot be an act of God unless caused by lightning or a natural disaster or casualty not attributable to human agency." The insurer undertakes to insure against perils of the sea and similar perils not against perils of the ship. from the ordinary wear and tear of the ship.

or damage to. the owner has no insurable interest in such freight. The charterer of the ship also has insurable interest to the extent that he will be damnified for the loss. Section 102. Insurable Interest in marine insurance Parties with insurable interest Section 100. That in this case the insurer shall be liable for only that part of the loss which the insured cannot recover from the charterer. when the ship . When private respondents issued the "all risks" policies to petitioner. the subject matter insured. Owner or vessel has insurable interest on the extent of the value even if it is mortgaged or has chartered it to third persons. It may be derived from 1) the chartering of the ship 2) its employment for the carriage of his own goods and 3) its employment for the carriage of the good of others. This obligation prescribes in ten years. The owner of a ship has an insurable interest in expected freightage which according to the ordinary and probable course of things he would have earned but for the intervention of a peril insured against or other peril incident to the voyage. The interest mentioned in the last section exists. Section 103. Mayer Steel v CA. Freightage.The insurer's liability is based on the contract of insurance. in the sense of a policy of marine insurance. The owner of a ship has in all cases an insurable interest in it. even when it has been chartered by one who covenants to pay him its value in case of loss: Provided. or exemption. it should express such limitation in clear and unmistakable language.The “Perils” clause which is a standard form in any marine insurance policy includes "arrest" caused by ordinary judicial process among the covered risks. signifies all the benefits derived by the owner. in case of a charter party. they bound themselves to indemnify the latter in case of loss or damage to the goods insured. exception.purpose of insurance upon the ship may yet be unseaworthy for the purpose of insurance upon the cargo. -includes not only the owner but also the charterer who expects to earn in the transportation of others General Rule: Owner has insurable interest over expected freightage which he may not earn in case of peril Exception: if freight is to be paid even if the goods or vessel is lost or not. Malayan Insurance v CA. Section 104. either from the chartering of the ship or its employment for the carriage of his own goods or those of others. Freightage is the benefit which is to accrue to the owner of the vessel from its use in the voyage contemplated or the benefit derived from the employment of the ship. A person has insurable interest if he will suffer in the event of loss of. If a marine insurance company desires to limit or restrict the operation of the general provisions of its contract by special proviso.

g. Insurable interest in expected freightage in a charter party 1) When it exists.the owner leases part or all to haul goods. or there is some contract for putting them on board. The shipowner turns over full possession and control over the charterer and supplies fuel during the term. Providing crew is not required but may be agreed upon. he must be in such position with regard to freight that nothing could prevent him from ultimately having a perfect right to it but the intervention of the perils insured against. .a) when there is no contract and no part of the goods expected to be carried are on board.demise of a vessel. parties may stipulate regarding liability for damages. has insurable interest in the profit) Kinds of charter parties Section 106. If a price is to be paid for the carriage of goods it exists when they are actually on board. much as a lease of a unfurnished house is a demise of real property. no insurable interest exists on goods not loaded Section 105. One who has an interest in the thing from which profits are expected to proceed has an insurable interest in the profits. Master and crew remains in the owner. the charterer or freighter merely using the space in return for payment. A charter party is a contract by which an entire ship or some principal parte thereof is lent by the owner to another person for a specified time or use.insured must have an inchoate right to freight. 2) When none exists.has broken ground on the chartered voyage. and both ship and goods are ready for the specified voyage. to the extent that he is liable to be damnified by its loss. The charterer of a ship has an insurable interest in it. Types 1) Bareboat or demise charter. It is a contract of special service to be rendered by the owner of the vessel who retains possession. no insurable interest in freight b) where the vessel is merely “seeking ship” or looking for a cargo to be transported. that is. one who has made a contract of purchase of property made for shipment even if still no loaded and has contracted to sell it for profit. 2) Contract of affreightment. command and navigation of the ship.contract of carriage of goods from one or more ports of loading to one or more unloading ports. Being of private carriage. a) voyage or trip charter. Insurable interest in expected profits 1) Interest in thing involved based on some legal right 2) Interest in thing involved based on valuable consideration (e.

in addition to what is required by section twenty-eight.Common carriers are persons. A demise or bareboat charter indicates a business undertaking that is private in character while an affreightment contract does not change the nature of a common carrier. A contract of affreightment is one in which the owner of the vessel leases part or all of its space to haul goods for others. the charterer or freighter merely having use of the space in the vessel in return for his payment of the charter hire. It is sufficient that the insured is in possession of the material fact . Concealment in marine insurance is the failure to disclose any material fact or circumstance which in fact or law is within. notwithstanding the charter of the whole or portion of a vessel by one or more persons. loading and unloading of the cargo. Coastwise v CA. Just because it is chartered does not mean it became a private carrier.contract for the use of vessel for a specific period of time or for duration of one or more specified voyages. remains liable as carrier and must answer for any breach of duty as to the care. or upon inquiry discloses or assumes to disclose. as in the case of a time-charter or voyage-charter. corporations. the charterer will generally be regarded as the owner for the voyage or service stipulated. or goods. or both – by land. material to the risk. command and navigation thereof to the charterer.A public carrier shall remain as such. or which ought to be within the knowledge of one party and of which the other has no actual or presumptive knowledge. The charterer mans the vessel with his own people and becomes the owner pro hac vice. To create a demise. subject to liability to others for damages caused by negligence. The same right as voyage charter also accrues to ship owner. Loadstar Shipping v Pioneer.b) time charter.Under the demise or bareboat charter of the vessel. except such as is mentioned in Section thirty. It is a contract for special service to be rendered by the owner of the vessel and under such contract the general owner retains the possession. the same however is not true in a contract of affreightment on account of the aforementioned distinctions between the two. provided the charter is limited to the ship only. Concealment and Misrepresentation Section 107. command and navigation of the ship. and to state the exact and whole truth in relation to all matters that he represents. An owner who retains possession of the ship though the hold is the property of the charterer. firms or associations engaged in the business of carrying or transporting passengers. In marine insurance each party is bound to communicate. anything short of such a complete transfer is a contract of affreightment (time or voyage charter party) or not a charter party at all. Marine insurance has stricter rules than fire insurance because of the character of the property and the facility the insurer possesses.A carrier that enters into a contract of carriage is still liable to the charterer or shipper if it does not own the vessel it chooses to use. Although a charter party may transform a common carrier into a private one. all the information which he possesses. Lea Mer Industries v Malayan Insurance. or air – when this service is offered to public for compensation. water. Cebu Salvage v Phil Home Assurance. the owner of a vessel must completely and exclusively relinquish possession.

does not vitiate the entire contract. In marine insurance. if the information might possibly have reached him in the usual mode of transmission and at the usual rate of communication. at the time of insuring. Section 108. the insured is bound to communicate to the insurer not only the facts but also a) beliefs or opinions of third persons b) expectations of third persons. If a representation by a person insured by a contract of marine insurance. This presumption is rebuttable and does not apply when there is no cause to expect information and the insured is not bound to use all accessible means of information at the very last instant of time to ascertain the condition of the property insured Section 110. in respect to any of the following matters. is material. General Rule: A party need not to communicate information of his own judgment to the insurer much less what he learns from a third person Exception: In marine insurance.concealed although he may not be aware of it (in cases of agent). but merely exonerates the insurer from a loss resulting from the risk concealed: (a) The national character of the insured.policy voided 2) If not intentional and material to the risk. (e) The use of false and simulated papers. in reference to a material fact. A person insured by a contract of marine insurance is presumed to have knowledge. the insurer may rescind the entire contract. lawphi1. is intentionally false in any material respect. Section 109.net (c) The liability to seizure from breach of foreign laws of trade. is applicable to marine insurance Effect of false representation 1) If intentional. (d) The want of necessary documents. but it does not avoid the policy ab initio. Rules governing misrepresentations in insurance policies equally apply in marine insurance. Concealment of material fact gives the right to rescind. The reason behind this presumption is the quickness in the transmission of news by means of modern communication. of a prior loss. A concealment in a marine insurance.may rescind from the time representation becomes false Material representations- . Section 111. The general rule that a representation is material where it would influence the judgment of a prudent insurer in fixing the premium or in determining whether he would take the risk. or in respect of any fact on which the character and nature of the risk depends. information of the belief or expectation of a third person. (b) The liability of the thing insured to capture and detention.

a warranty has been defined as a stipulation. it cannot be raised by insurer without showing misrepresentation or concealment. In every marine insurance upon a ship or freight. crew and in all other respects to perform the voyage insure and to encounter the perils of navigation and suitable condition to cary the cargo put on board or intended to be put on board. voyage and the services in which she is at the time engaged. Nature of ship. forming part of the policy as to some fact. If vessel is unseaworthy. Implied Warranties Section 113.Section 112. destruction or determination of goods. it becomes the obligation of a cargo owner to look for a reliable common carrier.vessel must be in a fit state as to repair. the implied warranty of seaworthiness attaches to whoever is insuring the cargo. whether he be the ship owner or not. for a vessel to be seaworthy. Where cargo is the subject of marine insurance. equipment. or upon any thing which is the subject of marine insurance. In marine insurance. or freightage. it must be adequately equipped for the voyage and manned with a sufficient number of competent officer and crew. There is a presumption that the common carrier have been at fault or to have acted negligently for the loss. a warranty is implied that the ship is seaworthy. Section 114. Each party to a contract of insurance must communicated to the other. in the absence of fraud. The admission of seaworthiness means 1) that the warranty of seaworthiness has been fulfilled and 2) that the risk of unseaworthiness is assumed by the insured. A ship is seaworthy when reasonably fit to perform the service and to encounter the ordinary perils of the voyage contemplated by the parties to the policy. Implied warranties-conditions upon the underwriter’s liability for the risk assumed. The eventual falsity of a representation as to expectation does not. and which the other has not the means of ascertaining. ship owner presumed to acted with negligence. either expressed or implied. unless they prove that they observed diligence. condition or circumstance to the risk. Implied warranty of seaworthiness If seaworthiness is admitted. Therefore. Cf. all facts within his knowledge which are material to the contract and as to which he makes no warranty. avoid a contract of marine insurance. The failure to maintain seaworthy is a breach of contract in case of common carriers. Seaworthiness is a relative term depending upon the nature of the ship. The insurer will not be liable for any loss under his policy in case the vessel 1) is unseaworthy at the inception of the insurance 2) deviates from agreed voyage and 3) engages in illegal venture and will carry the requisite documents of nationality or neutrality of the ship cargo where such nationality or neutrality is expressly warranted. Section 28.what is reasonable fitness to encounter perils vary with the character of the particular voyage . in good faith. Generally. Nature of voyage.

the implied warranty is not complied with unless the ship be seaworthy at the commencement of every voyage it undertakes during that time. must be sea worthy at commencement of each portion (see 117) BUT unexplained sinking gives presumption of unseaworthiness Section 116. Section 117.must be seaworthy at every commencement of voyage 2) cargo policy. such as ballasts. be seaworthy at the commencement of each particular voyage. is to be transhipped at an intermediate port. the ship is seaworthy with reference to that portion.each vessel which cargo is shipped must be seaworthy at each particular voyage 3) voyage policy. There is no implied warranty that the vessel will remain in seaworthy condition throughout the policy Exc: 1) time policy. the implied warranty is not complied with unless each vessel upon which the cargo is shipped. Where different portions of the voyage contemplated by a policy differ in respect to the things requisite to make the ship seaworthy therefor. and provided with a competent master. or established custom of the trade. or transhipped. a sufficient number of competent officers and seamen. When the ship becomes unseaworthy during the voyage to which an insurance relates. description of the voyage. it is the duty of the master to exercise due diligence to make it seaworthy again. If vessel becomes unseaworthy during the voyage. an unreasonable delay in repairing the defect exonerates the insurer on ship or shipowner's interest from liability from any loss arising therefrom. but requires that it be properly laden. and if loss should occur because of his negligence. An implied warranty of seaworthiness is complied with if the ship be seaworthy at the time of the of commencement of the risk. cordage and sails. A warranty of seaworthiness extends not only to the condition of the structure of the ship itself. a warranty of seaworthiness is complied with if. and its adaptability for the service when they are employed Section 115. at the commencement of each portion. the insurer is relieved of liability but the contract of insurance is not affected as to other risks covered and not caused.the vessel shall be reasonably capable of safely carrying the cargo to its port of destination A perfect vessel or one impervious to the assaults of the elements is not required. and other necessary or proper stores and implements for the voyage. . fuel and lights. by the terms of the policy. cables and anchors. except in the following cases: (a) When the insurance is made for a specified length of time. Seaworthiness requires that the vessel must have equipments and appliances appropriate for the voyage in which it is engaged and the cargo it carries. and the requisite appurtenances and equipment. The stages must be separate and distinct in order to have a different degree of seaworthiness for particular parts Section 118. (b) When the insurance is upon the cargo which. Gen Rule: warranty of seaworthiness is complied with if the ship be seaworthy at the commencement of the risk. A ship is not unseaworthy because of some defect in loading or stowage which is easily curable and is actually cured. nor is the best and most skilful form of construction required. but only such as sufficient for the kind of vessels insured with reference to their physical and mechanical condition.Nature of service. water. the quality of its officers and crew. food. the extent of its fuel and provisions supply.contemplates voyage of different stage.

A ship which is seaworthy for the purpose of an insurance upon the ship may. not necessarily where the vessel was built Warranty of neutrality. it is implied that the ship will carry the requisite documents to show such nationality or neutrality and that it will not carry any documents which cast reasonable suspicion thereon. or an unreasonable delay in pursuing the voyage or the commencement of an entirely different voyage.125 Section 126. Where the nationality or neutrality of a ship or cargo is expressly warranted. Effect. Every deviation not specified in the last section is improper.imports that the property insured is neutral in fact. and shall be so in appearance and conduct.insurer not exonerated from liability for loss 20 improper. Section 120. Seaworthiness of vessel is also determined by the nature of the cargo. the voyage insured by a marine insurance policy is that way between the places specified. would mean the most natural. Section 121. by reason of being unfitted to receive the cargo.insurer absolved from any liability for any losses occurring subsequent (not before) the deviation . and upon reasonable grounds of belief in its necessity to avoid a peril. Deviation – any unexcused departure from the regular course or route of the insured voyage or any other ask that substantially alters the risk Cases: 1) departure from course fixed by mercantile usage 2) departure from most natural route 3) unreasonable delay 4)commencement of an entirely different voyage Section 124. (c) When made in good faith.Section 119. direct and advantageous. the voyage insured in one which conforms to the course of sailing fixed by mercantile usage between those places. or to avoid a peril. Section 122. Deviation is a departure from the course of the voyage insured. which to a master of ordinary skill and discretion. The requirement is that the vessel is capable of safely conveying the cargo to its port of destination. An insurer is not liable for any loss happening to the thing insured subsequent to an improper deviation. Section 125. or (d) When made in good faith. for the purpose of saving human life or relieving another vessel in distress.124. A deviation is proper: (a) When caused by circumstances over which neither the master nor the owner of the ship has any control. mentioned in the last two sections. whether or not the peril is insured against. that the property shall belong to the neutral. Kinds 1) proper. be unseaworthy for the purpose of the insurance upon the cargo.means that the property belongs to the subject thereof. If the course of sailing is not fixed by mercantile usage. Section 123. nevertheless. Warranty of nationality. (b) When necessary to comply with a warranty. When the voyage contemplated by a marine insurance policy is described by the places of beginning and ending.

Constructive Section 127. Kinds of Losses covered by marine insurance: . at the port of destination. (b) The irretrievable loss of the thing by sinking. SUPRA A. 6 2. (c) Any damage to the thing which renders it valueless to the owner for the purpose for which he held it. its appurtances and freightage earned in the voyage may be limited provided that the owner of agent abandons the vessel. Partial. 18  Roque v. of the thing insured. Every loss which is not total is partial. 120. 121-126. SUPRA 3. A total loss may be either actual or constructive. p. The length of time which is sufficient to raise this presumption depends on the circumstances of the case.1. . or by being broken up. Section 128. Seaworthiness of the vessel Secs. the underwriter is liable for the whole of the amount insured Section 130. Exception: if sinking is attributable to the fault of the shipowner Section 132. SUPRA. 113-119. SUPRA. Implied Warranty against improper deviation Secs.Total. An actual loss exists when the subject matter of the insurance is wholly destroyed or lost or when it is so damaged as no longer to exist in its original character. A loss may be either total or partial. Complete physical destruction is not essential to constitute actual total loss. or (d) Any other event which effectively deprives the owner of the possession.the liability of the shipowner or agent to the value of the vessel. An actual loss may be presumed from the continued absence of a ship without being heard of. Limited liability rule. An actual total loss is cause by: (a) A total destruction of the thing insured. p. Actual. When loss is total. Section 129. Implied warrant of proper documentation Sec. Such loss may exist where the form and specie of the thing is destroyed although the materials of which it consisted still exists. IAC.

the insured is entitled to a reasonable time to make inquiry. 130. Section 144. abandonment is not necessary. A constructive total loss is one which gives to a person insured a right to abandon. if he thinks fit. Section 139.if vessel is not heard of at all within a reasonable time after sailing or after she was last seen. although not actually total. is the act of the insured by which. when the cause of the loss is a peril insured against: (a) If more than three-fourths thereof in value is actually lost. Abandonment. or would have to be expended to recover it from the peril. in marine insurance. Section 142. or otherwise separately insured. An abandonment must be made within a reasonable time after receipt of reliable information of the loss. but where the information is of a doubtful character. or the thing insured was so far restored when the abandonment was made that there was then in fact no total loss. Section 145. Constructive total loss Section 131. being cargo or freightage.Presumption of actual loss from the peril insured against. . 1. But freightage cannot in any case be abandoned unless the ship is also abandoned. a written notice of such abandonment shall be submitted within seven days from such oral notice. (c) If the thing insured is a ship. Where the information upon which an abandonment has been made proves incorrect. That if the notice be done orally. and need not be accompanied with proof of interest or of loss. A notice of abandonment must be explicit. is of such character that the insured is entitled. or any particular portion thereof separately valued by the policy. nor another ship procured by the master. under Section one hundred thirty-nine. without incurring the like expense or risk mentioned in the preceding sub-paragraph. an abandonment is necessary to recover total loss. after a constructive total loss. Abandonment is made by giving notice thereof to the insurer. but need state only enough to show that there is probable cause therefor. to forward the cargo.one in which the loss. and the contemplated voyage cannot be lawfully performed without incurring either an expense to the insured of more than three-fourths the value of the thing abandoned or a risk which a prudent man would not take under the circumstances. A person insured by a contract of marine insurance may abandon the thing insured. An abandonment can be sustained only upon the cause specified in the notice thereof. Section 143. but if loss is merely constructive. or in writing. within a reasonable time and with reasonable diligence. the abandonment becomes ineffectual. Section 140. and recover for a total loss thereof. SUPRA 2. conditions Section 138. Section 141. Provided. An abandonment must be neither partial nor conditional. Actual total loss Sec. to treat it as total by abandonment. and the voyage cannot be performed. requisites. In case of total loss. Concept of abandonment. he declares the relinquishment to the insurer of his interest in the thing insured. and must specify the particular cause of the abandonment. or (d) If the thing insured. Constructive loss/technical total loss. which may be done orally. (b) If it is injured to such an extent as to reduce its value more than three-fourths.

athough the materials of which it constituted still exist. Section 152. or its proceeds or salvage. “open and valued” policies Section 156. If an insurer refuses to accept a valid abandonment. Pan Malayan v CA.An "all risks" provision of a marine policy creates a special type of insurance which extends coverage to risks not usually contemplated and avoids putting upon the insured the burden of establishing that the loss was due to peril falling within the policy's coverage. with all the chances of recovery and indemnity. the rights of the insured are not prejudiced by the fact that the insurer refuses to accept the abandonment. unless the ground upon which it was made proves to be unfounded. The acceptance of an abandonment. but freightage subsequently earned belongs to the insurer of the ship. Filipino Merchants v CA. Upon an abandonment. if the insured has some interest at risk. Section 153. Oriental Assurance v CA. Section 149. are at the risk of the insurer and for his benefit.Section 146. as where the cargo by the process of decomposition or other chemical agency no longer remains the same kind of thing as before Measure of Indemnity. On an accepted abandonment of a ship. subsequent to the loss. before its . If a marine insurer pays for a loss as if it were an actual total loss. Section 147. and there is no fraud on his part. except that when a thing has been hypothecated by bottomry or respondentia.Whether a contract is entire or severable is a question of intention to be determined by the language employed by the parties. as if there had been a formal abandonment. is conclusive upon the parties. Section 150. and admits the loss and the sufficiency of the abandonment. The purpose of "all risks" insurance is to give protection to the insured in those cases where difficulties of logical explanation or some mystery surround the loss or damage to property. he is entitled to whatever may remain of the thing insured. A valuation in a policy of marine insurance in conclusive between the parties thereto in the adjustment of either a partial or total loss. Choa v CA. The acceptance of an abandonment may be either express or implied from the conduct of the insurer.The term "all risks" must be given a broad and comprehensive meaning as covering any loss other than a willful and fraudulent act of the insured. Where notice of abandonment is properly given. Section 148. Section 154. he may nevertheless recover his actual loss. freightage earned previous to the loss belongs to the insurer of said freightage. Such loss may exist where the form and species of the thing is destroyed. If a person insured omits to abandon.The complete physical destruction of the subject matter is not essential to constitute an actual total loss. whether express or implied. Section 151. he is liable as upon actual total loss. An abandonment is equivalent to a transfer by the insured of his interest to the insurer. An abandonment once made and accepted is irrevocable. deducting from the amount any proceeds of the thing insured which may have come to the hands of the insured. Section 155. acts done in good faith by those who were agents of the insured in respect to the thing insured. The mere silence of the insurer for an unreasonable length of time after notice shall be construed as an acceptance. The insurer can avoid coverage upon demonstrating that a specific provision expressly excludes the loss from coverage.

and without the knowledge of the person actually procuring the insurance. If the profits to be realized are separately insured from the vessel or cargo.conclusive upon the parties provided that a) the insured as some interest on the risk and b) there is no fraud in his part Right to give evidence.000) Section 158. Where cargo is insured under a valued policy but only a portion of a cargo is actually carried by the vessel at the time of loss. in case of loss.000 Amount insured= 400.insurance. and such proportion of the profits as the value of the property lost bears to the value of the property.000) and insured is liable for the remaining 20% (50. insurer is only liable for 80% (200. if a part only of the subject is exposed to the risk. If the value of interest exceeds the amount of insurance. The insurer is bound to return such portion of the premium as corresponds with the portion which has been exposed to the risk If 200 cavans of rice is valued at 160000 but only 50 cavans were hipped an lost= only ¼ or 40. the insured is entitled to recover. In marine insurance policy. entitles the insurer to rescind the contract. neither party can give evidence of the real value of the thing Section 157. Object. he is considered the co-insurer for an amount determined between the insurance taken out and the value of the property. But a valuation fraudulent in fact. the insured is entitled to recover. the insured is expected to cover by insurance the value of full property insured. in case of loss. In case of a valued policy of marine insurance on freightage or cargo. only for such proportion of the amount insured by him as the loss bears to the value of the whole interest of the insured in the property insured. he may show the real value. a proportion of such profits equivalent to the proportion which the value of the property lost bears to the value of the whole. A marine insurer is liable upon a partial loss.000 Section 159. This formula only applies if there is partial loss and amount insured is less that the entire insurable interest in the property insured: ( ) Example: Property value= 500.000 Damage= 250.000 ca be recovered .000 Value of goods lost= 48.000 Then. the evaluation applies only in proportion to such part.to fix in advance the value of the property and thus avoid the necessity of probing its actual value in case of loss Effect. Where profits are separately insured in a contract of marine insurance. Example: Amount of profit insured= 20.000 Amount of whole cargo=80.in a valued marine insurance policy.000 Then. the valuation will be reduced proportionately. insured is entitled to recover 12.

without reference to the cost of earning it. exclusive of primage. (c) The value of freightage is the gross freightage. insured entitled to partial indemnity only. Cost of insurance. adding the charges incurred in purchasing and placing it on board.actual cost to the insured.000 Value after damage= 400. or where cost cannot be ascertained. and where it is stipulated in the policy that the insured shall labor for the recovery of the property. if that afterwards occurs. its market value at the time and place of lading. In determining loss under an open policy of marine insurance. Section 161. -applies if cargo insured against partial loss and suffers damage as a result of which the value if reduced Market price in sound state – Market price in damaged state = reduction in value Example Amount of property= 500. If profit separately insured from property. When profits are valued and insured by a contract of marine insurance.000 Recoverable amount= 60. in case of partial loss. presumption of total loss of profit. such expense. (b) The value of the cargo is its actual cost to the insured. of the thing so damaged.always added in the calculation the value Section 162. Value of vessel. not at the time built Value of cargo. bears to the market price it would have brought if sound. or to any drawback on its exportation. the loss of the insured is deemed to be the same proportion of the value which the market price at that port. when laden on board. the insurer is liable for the expense incurred thereby. A marine insurer is liable for all the expenses attendant upon a loss which forces the ship into port to be repaired.is gross freightage. or where the cost cannot be ascertained. In estimating a loss under an open policy of marine insurance the following rules are to be observed: (a) The value of a ship is its value at the beginning of the risk.000 Amount insured= 300. its market value at the time of the shipment Value of freightage. the real value of the thing insured must be proved by the insured in each case. Primage (small compensation paid by a shipper to the master of the vessel for his care and trouble to which the master is entitled to retain) is excluded. If cargo insured against partial loss arrives at the port of destination in a damaged condition.Section 160. and the valuation fixes their amount. or to the fluctuation of the market at the port of destination. General rule: marine insurer not liable for more than the amount of policy . or to expenses incurred on the way or on arrival. when laden on board. If total loss.000 Section 163. in either case. but without reference to any loss incurred in raising money for its purchase. including all articles or charges which add to its permanent value or which are necessary to prepare it for the voyage insured. and (d) The cost of insurance is in each case to be added to the value thus estimated. a loss of them is conclusively presumed from a loss of the property out of which they are expected to arise.value at commencement of risk. being in addition to a total loss. because it can be easily and exactly determined.

provided. Section 166. The insured may either hold the insurer directly liable or demand contribution from other interested parties. In the case of a partial loss of ship or its equipment.000.Exc: Port of refuge (expenses incurred in repairing damages suffered by a vessel because of the perils insured against) Section 164. except that anchors must be paid in full. has neglected or waived the exercise of that right. that the liability of the insurer shall be limited to the proportion of contribution attaching to his policy value where this is less than the contributing value of the thing insured.000. A marine insurer is liable for a loss falling upon the insured. But no such claim can be made upon the insurer after the separation of the interests liable to the contribution. Gen Rule: insurer is liable for any general average loss where it is payable or has been paid by the insured in consequence of a peril insures against. the insured need not wait for an adjustment of the average Exc: no recovery from general average against insurer 1) after separation of the interests liable to contribution 2) when the insured has neglected or waived his right to contribution Limit: liability of insurer shall be less than the proportion of the general average loss assessed upon the thing insured where its contributing value is more than the amount o the insurance\ Example: Vessel worth: 8. When a person insured by a contract of marine insurance has a demand against others for contribution. . Unless otherwise stipulated in the policy. In other words. required to be made by him towards a general average loss called for by a peril insured against.000 Insured for: 4. the old materials are to be applied towards payment for the new. nor when the insured.000 General average loss assessed: 800. a marine insurer is liable for only two-thirds of the remaining cost of repairs after such deduction. subrogating him to his own right to contribution. having the right and opportunity to enforce the contribution from others. through a contribution in respect to the thing insured. he may claim the whole loss from the insurer.000.000 Insured liable for 400. insured liable for the other half Section 165.

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