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Start Free TrialMarine Insurance Act, 1963 Section 19
Title: Insurance is Uberrimae Fidei
State: Central
Year: 1963
A contract of marine insurance is a contract based upon the utmost good faith, and if the utmost good faith be not observed by either party, the contract may be avoided by the other party.
View Complete Act List Judgments citing this sectionMarine Insurance Act, 1963 Complete Act
Title: Marine Insurance Act, 1963
State: Central
Year: 1963
.....Section75 - General provisions as to measure of indemnity Section76 - Particular average warranties Section77 - Successive losses Section78 - Suing and labouring clause Section79 - Right of subrogation Section80 - Right of contribution Section81 - Effect of under insurance Section82 - Enforcement of return Section83 - Return by agreement Section84 - Return for failure of consideration Section85 - Ratification by assured Section86 - Implied obligation varied by agreement or usage Section87 - Reasonable time, etc., a question of fact Section88 - Covering note as evidence Section89 - Power to apply Act with modifications etc., in certain cases Section90 - Certain provisions to override Transfer of Property Act, 1882 Section91 - Savings Section92 - Repeals ScheduleI - SCHEDULE
List Judgments citing this sectionMarine Insurance Act, 1963 Complete Act
State: Central
Year: 1963
.....any express or implied warranty. (4) Whether any particular circumstance, which is not disclosed, be material or not is, in each case, a question of fact. (5) The term "circumstance" includes any communication made to, or information received by, the assured. SECTION 21: DISCLOSURE BY AGENT EFFECTING INSURANCE Subject to the provisions of the preceding section as to circumstances which need not be disclosed, where an insurance is effected for the assured by an agent, the agent must disclose to the insurer- (a) every material circumstance which is known to himself, and an agent to insure is deemed to know every circumstance which in the ordinary course of business ought to be known by, or to have been communicated to, him; and (b) every material circumstance which the assured is bound to disclose, unless it comes to his knowledge too late to communicate it to the agent. SECTION 22: REPRESENTATIONS PENDING 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.....
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