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Start Free TrialMarine Insurance Act, 1963 Section 9
Title: Defeasible or Contingent Interest
State: Central
Year: 1963
(1) A defeasible interest is insurable, as also is a contingent interest. (2) In particular, where the buyer of goods has insured them, he has an insurable interest, notwithstanding that he might, at his election, have rejected the goods, or have treated them as at the seller's risk, by reason of the latter's delay in making delivery or otherwise.
View Complete Act List Judgments citing this sectionMarine Insurance Act, 1963 Complete Act
State: Central
Year: 1963
.....NEGOTIATION OF CONTRACT (1) Every material representation made by the assured or his agent to the insurer during the negotiations for the contract, and before the contract is concluded, must be true. If it be untrue the insurer may avoid the contract. (2) A representation is material which would influence the judgment of a prudent insurer in fixing the premium, or determining whether he will take the risk. (3) A representation may be either as to a matter of fact, or as to a matter of expectation or belief. (4) A representation as to a matter of fact is true, if it be substantially correct, that is to say, if the difference between what is represented and what is actually correct would not be Considered material by a prudent insurer. (5) A representation as to a matter of expectation or belief is true if it be made in good faith. (6) A representation may be withdrawn or corrected before the contract is concluded. (7) Whether a particular representation be material or not, is, in each case, a question of fact. SECTION 23: WHEN CONTRACT IS DEEMED TO BE CONCLUDED A contract of marine insurance is deemed to be concluded when the proposal of the assured is accepted by the.....
List Judgments citing this sectionInsurance Act, 1938 (4 of 1938) Part I
Title: Preliminary
State: Central
Year: 1938
.....Government or the Government of any 5 [* * *] State; (ii) debentures or other securities for money issued under the authority of any Central Act or Act of a State Legislature by or on behalf of a port trust or municipal corporation or city improvement trust in any presidency-town; (iii) shares of a corporation established by law and guaranteed fully by the Central Government or the Government of a 5 [* * *] State as to the repayment of the principal and the payment of dividend; (iv) securities issued or guaranteed fully as regards principal and interest by the Government of any Part B State and specified as approved securities for the purposes of this Act by the Central Government by notification in the Official Gazette; and 6 [***] 7 [Explanation.--In sub-clauses (i) and (iii) "Government of a State" in relation to any period before the 1st November, 1956, means the Government of a Part A State;] 8 [(4) "auditor" means a person qualified under the Chartered Accountants Act, 1949 (38 of 1949) to act as an auditor of companies;] 9 [(4A) "banking company" and "company" shall have the meanings respectively assigned to them in clauses (c) and (d) of sub-section.....
View Complete Act List Judgments citing this sectionInsurance Act, 1938 (4 of 1938) Section 2
Title: Definitions
State: Central
Year: 1938
.....Government or the Government of any 5 [* * *] State; (ii) debentures or other securities for money issued under the authority of any Central Act or Act of a State Legislature by or on behalf of a port trust or municipal corporation or city improvement trust in any presidency-town; (iii) shares of a corporation established by law and guaranteed fully by the Central Government or the Government of a 5 [* * *] State as to the repayment of the principal and the payment of dividend; (iv) securities issued or guaranteed fully as regards principal and interest by the Government of any Part B State and specified as approved securities for the purposes of this Act by the Central Government by notification in the Official Gazette; and 6 [***] 7 [Explanation.--In sub-clauses (i) and (iii) "Government of a State" in relation to any period before the 1st November, 1956, means the Government of a Part A State;] 8 [(4) "auditor" means a person qualified under the Chartered Accountants Act, 1949 (38 of 1949) to act as an auditor of companies;] 9 [(4A) "banking company" and "company" shall have the meanings respectively assigned to them in clauses (c) and (d) of sub-section.....
View Complete Act List Judgments citing this sectionMarine Insurance Act, 1963 Section 84
Title: Return for Failure of Consideration
State: Central
Year: 1963
.....is returnable: provided that where the subject-matter has been insured "lost or not lost", and has arrived in safety at the time when the contract is concluded, the premium is not returnable unless, at such time, the insurer knew of the safe arrival; (c) where the assured has no insurable interest throughout, the currency of the risk the premium is returnable, provided that the rule does not apply to a policy effected by way of wagering; (d) where the assured has a defeasible interest which is terminated during the currency of the risk, the premium is not returnable; (e) where the assured has over-insured under an unvalued policy, a proportionate part of the premium is returnable; (f) subject to the foregoing provisions, where the assured has over-insured by double insurance, a proportionate part of the several premiums is returnable: Provided that, if the policies are effected at different times, and any earlier policy has at any time borne the entire risk, or if a claim has been paid on the policy in respect of the full sum insured thereby, no premium is returnable in respect of that policy, and when the double insurance is effected knowingly by the assured no.....
View Complete Act List Judgments citing this sectionMarine Insurance Act, 1963 Complete Act
Title: Marine Insurance Act, 1963
State: Central
Year: 1963
..... Section20 - Disclosure by assured Section21 - Disclosure by agent effecting insurance Section22 - Representations pending negotiation of contract Section23 - When contract is deemed to be concluded Section24 - Contract must be embodied in policy Section25 - What policy must specify Section26 - Signature of insurer Section27 - Voyage and time policies Section28 - Designation and subject-matter Section29 - Valued policy Section30 - Unvalued policy Section31 - Floating policy by ship or ships Section32 - Construction of terms in policy Section33 - Premium to be arranged Section34 - Double insurance Section35 - Nature of warranty Section36 - When breach of warranty excused Section37 - Express warranties Section38 - Warranty of neutrality Section39 - No implied warranty of nationality Section40 - Warranty of good safety Section41 - Warranty of seaworthiness of ship Section42 - No implied warranty that goods are seaworthy Section43 - Warranty of legality Section44 - Implied conditions as to commencement of risk Section45 - Alteration of port of departure Section46 - Sailing for different destination Section47 - Change of voyage Section48 - Deviation .....
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