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

Marginal note:Losses covered

• 53 (1) Subject to this Act and unless a marine policy otherwise provides, an insurer is liable only for a loss that is proximately caused by a peril insured against, including a loss that would not have occurred but for the misconduct or negligence of the master or crew.

• Marginal note:Losses specifically excluded

  (2) Without limiting the generality of subsection (1), an insurer is not liable for any loss attributable to the wilful misconduct of the insured nor, unless the marine policy otherwise provides, for

  • (a) in the case of insurance on a ship or goods, any loss proximately caused by delay, including a delay caused by a peril insured against;

  • (b) ordinary wear and tear, ordinary leakage or breakage or inherent vice or nature of the subject-matter insured;

  • (c) any loss proximately caused by vermin; or

  • (d) any loss or damage to machinery not proximately caused by maritime perils.