Commonwealth Consolidated Acts

MARINE INSURANCE ACT 1909

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      Short title and commencement [ see Note 1]  
   3.      Interpretation  
   4.      Saving of rules of common law  
   5.      Application of certain Imperial and State Acts  
   6.      Application of Act  

   PART II--MARINE--INSURANCE

           Division 1--Limits of Marine Insurance

   7.      Marine insurance defined  
   8.      Mixed sea and land risks  
   9.      Marine adventure and maritime perils defined  

           Division 2--Insurable Interest

   10.     Avoidance of wagering or gaming contracts  
   11.     Insurable interest defined  
   12.     When interest must attach  
   13.     Defeasible or contingent interest  
   14.     Partial interest  
   15.     Re - insurance  
   16.     Bottomry  
   17.     Master's and seamen's wages  
   18.     Advance freight  
   19.     Charges of insurance  
   20.     Quantum of interest  
   21.     Assignment of interest  

           Division 3--Insurable Value

   22.     Measure of insurable value  

           Division 4--Disclosure and Representations

   23.     Insurance is uberrimae fidei  
   24.     Disclosure by assured  
   25.     Disclosure by agent effecting insurance  
   26.     Representations pending negotiation of contract  
   27.     When contract is deemed to be concluded  

           Division 5--The Policy

   28.     Contract must be embodied in policy  
   29.     What policy must specify  
   30.     Signature of insurer  
   31.     Voyage and time policies  
   32.     Designation of subject - matter  
   33.     Valued policy  
   34.     Unvalued policy  
   35.     Floating policy by ship or ships  
   36.     Construction of terms in policy  
   37.     Premium to be arranged  

           Division 6--Double Insurance

   38.     Double insurance  

           Division 7--Warranties

   39.     Nature of warranty  
   40.     When breach of warranty excused  
   41.     Express warranties  
   42.     Warranty of neutrality  
   43.     No implied warranty of nationality  
   44.     Warranty of good safety  
   45.     Warranty of seaworthiness of ship  
   46.     No implied warranty that goods are seaworthy  
   47.     Warranty of legality  

           Division 8--The Voyage

   48.     Implied condition as to commencement of risk  
   49.     Alteration of port of departure  
   50.     Sailing for different destination  
   51.     Change of voyage  
   52.     Deviation  
   53.     Several ports of discharge  
   54.     Delay in voyage  
   55.     Excuses for deviation or delay  

   PART III--ASSIGNMENT--OF POLICY

   56.     When and how policy is assignable  
   57.     Assured who has no interest cannot assign  

   PART IV--THE--PREMIUM

   58.     When premium payable  

   PART V--LOSS--AND ABANDONMENT

           Division 1--General

   61.     Included and excluded losses  
   62.     Partial and total loss  
   63.     Actual total loss  
   64.     Missing ship  
   65.     Effect of transhipment etc.  
   66.     Constructive total loss defined  
   67.     Effect of constructive total loss  
   68.     Notice of abandonment  
   69.     Effect of abandonment  

           Division 2--Partial Losses (including Salvage, General Average, and Particular Charges)

   70.     Particular average loss  
   71.     Salvage charges  
   72.     General average loss  

   PART VI--MEASURE--OF INDEMNITY

           Division 1--Liability of Insurer for Loss

   73.     Extent of liability of insurer for loss  
   74.     Total loss  
   75.     Partial loss of ship  
   76.     Partial loss of freight  
   77.     Partial loss of goods, merchandise etc.  
   78.     Apportionment of valuation  
   79.     General average contributions and salvage charges  
   80.     Liabilities to third parties  
   81.     General provisions as to measure of indemnity  
   82.     Particular average warranties  
   83.     Successive losses  
   84.     Suing and labouring clause  

           Division 2--Rights of Insurer on Payment of Loss

   85.     Right of subrogation  
   86.     Right of contribution  
   87.     Effect of under insurance  

   PART VII--RETURN--OF PREMIUM

   88.     Enforcement of return  
   89.     Return by agreement  
   90.     Return for failure of consideration  

   PART VIII--MUTUAL--INSURANCE

   91.     Modification of Act in case of mutual insurance  

   PART IX--SUPPLEMENTAL

   92.     Ratification by assured  
   93.     Implied obligations varied by agreement or usage  
   94.     Reasonable time etc. a question of fact  
   95.     Reference to slip or cover note  
           FIRST SCHEDULE
           SECOND SCHEDULE