Marine and Fire Insurance

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Insurance

Insuranceis the equitable transfer of the risk of a loss, from one entity to another in exchange

for payment. It is a form ofrisk managementprimarily used tohedgeagainst the risk of a

contingent, uncertain loss.

An insurer, or insurance carrier, is a company selling the insurance; the insured, or policyholder,

is the person or entity buying the insurance policy. The amount ofmoneyto be charged for a

certain amount of insurance coverage is called the premium.Risk management,the practice

ofappraisingand controlling risk, has evolved as a discrete field of study and practice.

The transaction involves the insured assuming a guaranteed and known relatively small loss in

the form of payment to the insurer in exchange for the insurer's promise to compensate

(indemnify)the insured in the case of a financial (personal) loss. The insured receives a contract,

called theinsurance policy,which details the conditions and circumstances under which the

insured will be financially compensated.

Modern insurance[edit]

Insurance became far more sophisticated inEnlightenment eraEurope,and specialized varieties

developed.

Property insuranceas we know it today can be traced to theGreat Fire of London,which in 1666

devoured more than 13,000 houses. The devastating effects of the fire converted the

development of insurance "from a matter of convenience into one of urgency, a change of

opinion reflected in SirChristopher Wren's inclusion of a site for 'the Insurance Office' in his new

plan for London in 1667".[4]

A number of attempted fire insurance schemes came to nothing, but

in 1681,economistNicholas Barbonand eleven associates established the first fire insurance

company, the "Insurance Office for Houses", at the back of the Royal Exchange to insure brick

and frame homes. Initially, 5,000 homes were insured by his Insurance Office.[5]

At the same time, the first insurance schemes for theunderwritingofbusiness venturesbecame

available. By the end of the seventeenth century, London's growing importance as a centre for

trade was increasing demand formarine insurance.In the late 1680s, Edward Lloyd openeda
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at the time of loss. The insurable interest in goods may arise out on account of (i)

ownership, (ii) possession, or (iii) contract. A person with a limited interest in a property

or goods may insure them to cover not only his own interest but also the interest of others

in them. Under fire insurance, the following persons have insurable interest in the subjectmatter:-

Owner

Mortgagee

Pawnee

Pawn broker

Official receiver or assignee in insolvency proceedings

Warehouse keeper in the goods of customer

A person in lawful possession e.g. common carrier, wharfinger, commission agent.

The term 'fire' is used in its popular and literal sense and means a fire which has 'broken

bounds'. 'Fire' which is used for domestic or manufacturing purposes is not fire as long as

it is confined within usual limits. In the fire insurance policy, 'Fire' means the production

of light and heat by combustion or burning. Thus, fire, must result from actual ignition

and the resulting loss must be proximately caused by such ignition. The phrase 'loss or

damage by fire' also includes the loss or damage caused by efforts to extinguish fire.

The types of losses covered by fire insurance are:-

Goods spoiled or property damaged by water used to extinguish the fire.

Pulling down of adjacent premises by the fire brigade in order to prevent the

progress of flame. Breakage of goods in the process of their removal from the building where fire is

raging e.g. damage caused by throwing furniture out of window.

Wages paid to persons employed for extinguishing fire.


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The types of losses not covered by a fire insurance policy are:-

loss due to fire caused by earthquake, invasion, act of foreign enemy, hostilities or

war, civil strife, riots, mutiny, martial law, military rising or rebellion or

insurrection.

loss caused by subterranean (underground) fire.

loss caused by burning of property by order of any public authority.

loss by theft during or after the occurrence of fire.

loss or damage to property caused by its own fermentation or spontaneous

combustion e.g. exploding of a bomb due to an inherent defect in it.

loss or damage by lightening or explosion is not covered unless these cause actual

ignition which spread into fire.

A claim for loss by fire must satisfy the following conditions:-

The loss must be caused by actual fire or ignition and not just by high temperature.

The proximate cause of loss should be fire.

The loss or damage must relate to subject matter of policy.

The ignition must be either of the goods or of the premises where goods are kept.

The fire must be accidental, not intentional. If the fire is caused through a

malicious or deliberate act of the insured or his agents, the insurer will not be

liable for the loss.

Types of Fire Insurance Policies:-

Specific policy:- is a policy which covers the loss up to a specific amount which is

less than the real value of the property. The actual value of the property is not

taken into consideration while determining the amount of indemnity. Such a policy

is not subject to 'average clause'. 'Average clause' is a clause by which the insured

is called upon to bear a portion of the loss himself. The main object of the clause is


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to check under-insurance, to encourage full insurance and to impress upon the

property owners to get their property accurately valued before insurance. If the

insurer has inserted an average clause, the policy is known as "Average Policy".

Comprehensive policy:- is also known as 'all in one' policy and covers risks likefire, theft, burglary, third party risks, etc. It may also cover loss of profits during

the period the business remains closed due to fire.

Valued policy:- is a departure from the contract of indemnity. Under it the insured

can recover a fixed amount agreed to at the time the policy is taken. In the event of

loss, only the fixed amount is payable, irrespective of the actual amount of loss.

Floating policy:- is a policy which covers loss by fire caused to property

belonging to the same person but located at different places under a single sum

and for one premium. Such a policy might cover goods lying in two warehouses at

two different locations. This policy is always subject to 'average clause'.

Replacement or Re-instatement policy:- is a policy in which the insurer inserts a

re-instatement clause, whereby he undertakes to pay the cost of replacement of the

property damaged or destroyed by fire. Thus, he may re-instate or replace the

property instead of paying cash. In such a policy, the insurer has to select one of

the two alternatives, i.e. either to pay cash or to replace the property, and

afterwards he cannot change to the other option.

Marine Insurance

A contract of marine insurance is an agreement whereby the insurer undertakes to

indemnify the assured, in the manner and to the extent agreed, against losses incidental to

marine adventure. There is a marine adventure when any insurable property is exposed to

maritime perils i.e. perils consequent to navigation of the sea. The term 'perils of the sea'

refers only to accidents or causalities of the sea, and does not include the ordinary action

of the winds and waves. Besides, maritime perils include, fire, war perils, pirates,

seizures and jettison, etc.

There are four types of marine insurance:-
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Hull Insurance:- covers the insurance of the vessel and its equipment i.e.

furniture and fittings, machinery, tools, fuel, etc. It is effected generally by the

owner of the ship.

Cargo Insurance:- includes the cargo or goods contained in the ship and the

personal belongings of the crew and passengers.

Freight Insurance:- provides protection against the loss of freight. In many cases,

the owner of goods is bound to pay freight, under the terms of the contract, only

when the goods are safely delivered at the port of destination. If the ship is lost on

the way or the cargo is damaged or stolen, the shipping company loses the freight.

Freight insurance is taken to guard against such risk.

Liability Insurance:- is one in which the insurer undertakes to indemnify against

the loss which the insured may suffer on account of liability to a third party caused

by collision of the ship and other similar hazards.

In a contract of marine insurance,the insured must have insurable interest in the subject

matter insured at the time of the loss. Insurable interest is not required to be present at the

time of taking the policy. Under marine insurance, the following persons are deemed to

have insurable interest:-

The owner of the ship has an insurable interest in the ship.

The owner of the cargo has insurable interest in the cargo.

A creditor who has advanced money on the security of the ship or cargo hasinsurable interest to the extent of his loan.

The master and crew of the ship have insurable interest in respect of their wages.


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If the subject matter of insurance is mortgaged, the mortgagor has insurable

interest in the full value thereof, and the mortgagee has insurable interest in

respect of any sum due to him.

A trustee holding any property in trust has insurable interest in such property.

In case of advance freight the person advancing the freight has an insurable

interest in so far as such freight is repayable in case of loss.

The insured has an insurable interest in the charges of any insurance policy which

he may take.

Types of Marine Insurance Policies:-

Voyage policy:- is a policy in which the subject matter is insured for a particularvoyage irrespective of the time involved in it. In this case the risk attaches only

when the ship starts on the voyage.

Time policy:- is a policy in which the subject matter is insured for a definite

period of time. The ship may pursue any course it likes, the policy would cover all

the risks from perils of the sea for the stated period of time. A time policy cannot

be for a period exceeding one year, but it may contain a 'continuation clause'. The

'continuation clause' means that if the voyage is not completed within the specified

period, the risk shall be covered until the voyage is completed, or till the arrival of

the ship at the port of call.

Mixed policy:- is a combination of voyage and time policies and covers the risk

during particular voyage for a specified period of time.

Valued policy:- is a policy in which the value of the subject matter insured is

agreed upon between the insurer and the insured and it is specified in the policy

itself.

Open or Un-valued policy:- is the policy in which the value of the subject matter

insured is not specified. Subject to the limit of the sum assured, it leaves the value

of the loss to be subsequently ascertained.

Floating policy:- is a policy which only mentions the amount for which the

insurance is taken out and leaves the name of the ship(s) and other particulars to

be defined by subsequent declarations. Such policies are very useful to merchants

who regularly despatch goods through ships. Wagering or Honour policy:- is a policy in which the assured has no insurable

interest and the underwriter is prepared to dispense with the insurable interest.

Such policies are also known as 'Policy Proof of Interest(P.P.I).

Documents

Marine and Fire Insurance