Chapter 4: Seaworthiness in Voyage Policies After analyzing rigorously the concept of seaworthiness, it is time to see the role seaworthiness plays in the voyage policies. Merkin R (2005, p.33)] s25 (1) MIA 1906 defines a voyage policy as where the subject matter under an insurance contract is insured “at and from” or from one place to another or further others. 4 a) the Marine Insurance Act 1906, 39 (1-3) Regulates the Seaworthiness in a Voyage Policy S 39 (1) of MIA 1906 states that, “In a voyage policy there is an implied warranty that at the commencement of the voyage the ship is seaworthy for the purpose of particular peril insured.” Further, s 39 (2) MIA 1906 states that, “Where the policy attaches while the ship is in port, there is also an implied warranty that she shall, at the commencement of the risk, be reasonably fit to encounter the ordinary perils of the port.” And further s 39 (3) MIA 1906 provides that, “Where the policy relates to a voyage which is performed in different stages, during which the ship requires different kinds of or further preparation or equipment, there is an implied warranty that at the commencement of each stage the ship is seaworthy I respect of such preparation or equipment for the purposes of that stage.” A very thorough encapsulation of the warranty of seaworthiness is provided by Parke B in Dixon v Sadler (1839) stating that, “… If the insurance policy attaches before the voyage commences, it is enough that the state of the ship be commensurate to the then risk; and if the voyage be such as
Chapter 4: Seaworthiness in Voyage Policies After analyzing rigorously the concept of seaworthiness, it is time to see the role seaworthiness plays in the voyage policies. Merkin R (2005, p.33)] s25 (1) MIA 1906 defines a voyage policy as where the subject matter under an insurance contract is insured “at and from” or from one place to another or further others. 4 a) the Marine Insurance Act 1906, 39 (1-3) Regulates the Seaworthiness in a Voyage Policy S 39 (1) of MIA 1906 states that, “In a voyage policy there is an implied warranty that at the commencement of the voyage the ship is seaworthy for the purpose of particular peril insured.” Further, s 39 (2) MIA 1906 states that, “Where the policy attaches while the ship is in port, there is also an implied warranty that she shall, at the commencement of the risk, be reasonably fit to encounter the ordinary perils of the port.” And further s 39 (3) MIA 1906 provides that, “Where the policy relates to a voyage which is performed in different stages, during which the ship requires different kinds of or further preparation or equipment, there is an implied warranty that at the commencement of each stage the ship is seaworthy I respect of such preparation or equipment for the purposes of that stage.” A very thorough encapsulation of the warranty of seaworthiness is provided by Parke B in Dixon v Sadler (1839) stating that, “… If the insurance policy attaches before the voyage commences, it is enough that the state of the ship be commensurate to the then risk; and if the voyage be such as
Portfolio-24076-Final%20Marine%20Insurance%20Dissertation.docx