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Marine Insurance Act 1909
No. 11, 1909
In force
Administered by
Attorney-General's Department
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C2008C00419
04 July 2008
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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
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Part II—Marine Insurance
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Division 1—Limits of Marine Insurance
7 Marine insurance defined
8 Mixed sea and land risks
9 Marine adventure and maritime perils defined
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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
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Division 3—Insurable Value
22 Measure of insurable value
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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
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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
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Division 6—Double Insurance
38 Double insurance
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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
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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
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Part III—Assignment of Policy
56 When and how policy is assignable
57 Assured who has no interest cannot assign
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Part IV—The Premium
58 When premium payable
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Part V—Loss and Abandonment
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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
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Division 2—Partial Losses (including Salvage, General Average, and Particular Charges)
70 Particular average loss
71 Salvage charges
72 General average loss
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Part VI—Measure of Indemnity
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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
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Division 2—Rights of Insurer on Payment of Loss
85 Right of subrogation
86 Right of contribution
87 Effect of under insurance
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Part VII—Return of Premium
88 Enforcement of return
89 Return by agreement
90 Return for failure of consideration
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Part VIII—Mutual Insurance
91 Modification of Act in case of mutual insurance
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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
Schedules—The First Schedule
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The Second Schedule
Notes to the STYLEREF ShortT \* MERGEFORMAT Marine Insurance Act 1909
