Marine Insurance Act (S.C. 1993, c. 22)

Act current to 2017-11-20

SCHEDULE(Section 3)Construction of Marine Policies

  • Marginal note:Definitions
    • 1 (1) In a marine policy,

      barratry

      baraterie

      barratry includes every wrongful act wilfully committed by the master or crew of the insured ship to the prejudice of the owner or charterer of the ship; (baraterie)

      goods

      marchandises

      goods means goods in the nature of merchandise, but does not include personal effects or provisions, stores for use on board a ship or, in the absence of any usage to the contrary, deck cargo or live animals; (marchandises)

      pirates

      piraterie

      pirates includes passengers on the insured ship who mutiny and persons who attack the ship from land; (piraterie)

      thieves

      vol

      thieves does not include persons who commit a clandestine theft or passengers, officers or members of the crew of the insured ship who commit a theft. (vol)

    • Marginal note:Other definitions

      (2) In a marine policy, the words “freight” and “ship” have the meaning assigned by subsection 2(1) of this Act.

  • Marginal note:References

    2 In a marine policy, a reference

    • (a) to “all other perils” means perils similar to the perils specifically mentioned in the policy;

    • (b) to “arrests, &c., of kings, princes, and people” includes political or executive acts, but does not include riot or ordinary judicial process;

    • (c) to “average unless general” means a partial loss of the subject-matter insured, other than a general average loss, but does not include particular charges; and

    • (d) to “perils of the seas” means fortuitous accidents or casualties of the seas, but does not include ordinary action of the wind and waves.

  • Marginal note:“Lost or not lost”

    3 Where the subject-matter of a marine policy is insured “lost or not lost” and a loss occurs before the contract is concluded, the risk attaches unless, at the time the contract was concluded, the insured was aware of the loss and the insurer was not.

  • Marginal note:“From”

    4 Where the subject-matter of a marine policy is insured “from” a particular place, the risk does not attach until the voyage covered by the policy is commenced.

  • Marginal note:“At and from” — ship
    • 5 (1) Where a marine policy insures a ship “at and from” a particular place and the ship is at that place in good safety when the contract is concluded, the risk attaches when the contract is concluded.

    • Marginal note:Idem

      (2) Where a marine policy insures a ship “at and from” a particular place and the ship is not at that place when the contract is concluded, the risk attaches when the ship arrives there in good safety, and, unless the policy otherwise provides, it is immaterial that the ship is insured by another marine policy for a specified time after the arrival.

  • Marginal note:“At and from” — chartered freight
    • 6 (1) Where a marine policy insures chartered freight “at and from” a particular place and the ship is at that place in good safety when the contract is concluded, the risk attaches when the contract is concluded.

    • Marginal note:Idem

      (2) Where a marine policy insures chartered freight “at and from” a particular place and the ship is not at that place when the contract is concluded, the risk attaches when the ship arrives there in good safety.

    • Marginal note:“At and from” — other freight

      (3) Where a marine policy insures freight, other than chartered freight, “at and from” a particular place and the freight is payable without special conditions, the risk attaches proportionately as the goods are shipped, except that if the goods are ready for shipping and belong to the shipowner or are to be shipped under a contract with the shipowner, the risk attaches when the ship is ready to receive the goods.

  • Marginal note:“From the loading thereof”

    7 Where a marine policy insures goods or movables “from the loading thereof”, the risk does not attach until they are on board the ship.

  • Marginal note:“Safely landed”

    8 Where the risk on any goods or movables continues until they are “safely landed”, the risk ceases if they are not landed in the customary manner within a reasonable time after the arrival of the ship at the port of discharge.

  • Marginal note:“At any port or place whatsoever”

    9 In the absence of any licence or usage, the liberty to touch and stay “at any port or place whatsoever” does not authorize a change in the course of the ship’s voyage from the port of departure to the port of destination.

  • Marginal note:“Stranded”

    10 Where a marine policy excepts a loss unless a ship is “stranded”, the insurer is liable for any excepted loss, whether or not the loss is attributable to the stranding, if the risk has attached before the stranding and, in the case of a marine policy on goods, the damaged goods are on board the ship.

 
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