Chat with us, powered by LiveChat Provide an explanation for this things which can be found on Sec 121-137 of Insurance Code of the Philippines particularly on Marine Insurance. - Essayabode

Provide an explanation for this things which can be found on Sec 121-137 of Insurance Code of the Philippines particularly on Marine Insurance.

Provide an explanation for this things which can be found on Sec 121-137 of Insurance Code of the Philippines particularly on Marine Insurance.                                                                                 

 

The Voyage and Deviation

Deviation is a departure of vessel from course of voyage, or an unreasonable delay in pursuing voyage, or the commencement of an entirely different voyage.

 

Deviation proper

 

If due to circumstances outside the control of the ship captain or ship owner

If done to comply with a warranty

If made in good faith to avoid a peril

If made to save human life or another distressed vessel

Kinds of Losses

 

Total Loss

Actual Loss

An actual total loss is caused by:

Total destruction

Loss by sinking

Damage rendering the thing valueless

Total deprivation of owner of possession of thing insured

Complete physical destruction not essential to constitute actual total loss.

Presumption of actual loss

Constructive Loss

Liability of insurer in case of reshipment

 

When a ship is prevented, at an intermediate port, from completing the voyage, by the perils insured against, the liability of a marine insurer on the cargo continues after they are thus reshipped. 

Additional liability of insurer of goods

 

for damages, expenses of discharging, storage, reshipment, extra freightage, and all other expenses incurred in saving cargo reshipped pursuant to the last section, up to the amount insured.

General Average      

 

include damages and expenses which are deliberately caused by the master of the vessel or upon his authority, in order to save the vessel, her cargo, or both at the same time from a real and known risk.

Principle of General Average Contribution

 

The owners of the interest benefited by the sacrifice must contribute proportionately to the loss incurred

Right of a Party to Claim General Average Contribution

 

Common danger

Deliberate sacrifice

Done for common safety

Made by the master

Not caused by fault of the one asking for GAC

Successful

Necessary

Example: Case of Jettison

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