GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Marine Insurance Act — M-0.6 14
Reinsurance 14 The insurer under a contract has an insurable interest in the risk insured and may reinsure in respect of it, but, unless the marine policy provides otherwise, the original insured has no right or interest in the reinsurance.
Marine Insurance Act — M-0.6 15
Bottomry 15 A lender of money on the security of a ship or a ship’s cargo has an insurable interest in respect of the loan.
Marine Insurance Act — M-0.6 16
Quantum of mortgagor’s interest 16 (1) A mortgagor of insurable property has an insurable interest in its full value, and the mortgagee has an insurable interest in any sum due or to become due under the mortgage. Interest of mortgagee, consignee or other person (2) A mortgagee, consignee or other person who has an insurable interest in the subject-matter insured may insure on the person’s own behalf, on behalf and for the benefit of any other interested person or both on the person’s own behalf and on behalf and for the benefit of any other interested person. Quantum of owner’s interest (3) The owner of insurable property has an insurable interest in its full value, even where a third person has agreed, or is liable, to indemnify the owner in case of loss.
Marine Insurance Act — M-0.6 17
Assignment of interest 17 (1) An insured who assigns or otherwise parts with an insurable interest in the subject-matter insured does not thereby transfer the rights of the insured under the contract, unless there is an express or implied agreement to that effect. Exception (2) Subsection (1) does not apply in respect of a transmission of interest by operation of law.
Marine Insurance Act — M-0.6 18
Gaming or wagering contracts void 18 (1) Every contract by way of gaming or wagering is void. Presumption (2) A contract is deemed to be a contract by way of gaming or wagering if (a) the insured has no insurable interest within the meaning of this Act and the contract is concluded with no expectation of acquiring such an interest; or (b) the marine policy is made “interest or no interest”, “without further proof of interest than the policy itself” or “without benefit of salvage to the insurer” or is subject to any other like term. Exception (3) Paragraph (2)(b) does not apply in respect of a marine policy that is made “without benefit of salvage to the insurer” or is subject to any other like term, if there is no possibility of salvage.
Marine Insurance Act — M-0.6 19
Calculation of insurable value 19 (1) Subject to any express provision of, or any value specified in, the marine policy, the insurable value of the subject-matter insured is (a) in the case of insurance on a ship, the aggregate of the value of the ship at the commencement of the risk and the charges of insurance; (b) in the case of insurance on freight, whether paid in advance or not, the aggregate of the gross amount of the freight at the risk of the insured and the charges of insurance; (c) in the case of insurance on goods, the aggregate of the prime cost of the goods, the expenses of and incidental to shipping and the charges of insurance on those goods and expenses; and (d) in the case of insurance on any other subject-matter, the aggregate of the amount at the risk of the insured when the policy attaches and the charges of insurance. Value of ship (2) For the purposes of paragraph (1)(a), the value of a ship includes money advanced for officers’ and crew’s wages and other disbursements incurred to make the ship fit for the marine adventure contemplated by the marine policy.
Marine Insurance Act — M-0.6 20
Utmost good faith 20 A contract is based on the utmost good faith and, if the utmost good faith is not observed by either party, the contract may be avoided by the other party.
Marine Insurance Act — M-0.6 21
Disclosure by insured 21 (1) Subject to this section, an insured must disclose to the insurer, before the contract is concluded, every material circumstance that is known to the insured. Disclosure by agent of insured (2) Subject to this section, an agent who effects insurance for an insured must disclose to the insurer, before the contract is concluded, (a) every material circumstance that is known to the agent; and (b) every material circumstance that the insured must disclose, unless the insured learned of it too late to communicate it to the agent. Material circumstance (3) A circumstance is material if it would influence the judgment of a prudent insurer in fixing the premium or determining whether to take the risk. Question of fact (4) Whether any circumstance that is not disclosed is material or not is a question of fact. Circumstances not disclosed (5) In the absence of any inquiry, the following circumstances need not be disclosed: (a) any circumstance that diminishes the risk; (b) any circumstance that is known to the insurer; (c) any circumstance as to which information is waived by the insurer; and (d) any circumstance the disclosure of which is superfluous by reason of any express warranty or implied warranty. Presumptions (6) For the purposes of this section, (a) an insured is deemed to know every circumstance that, in the ordinary course of business, ought to be known by the insured; (b) an agent is deemed to know every circumstance that, in the ordinary course of business, ought to be known by, or to have been communicated to, the agent; and (c) an insurer is presumed to know circumstances of common notoriety and every circumstance that, in the ordinary course of an insurer’s business, ought to be known by an insurer. Effect of non-disclosure (7) If an insured or an agent of an insured fails to make a disclosure as required by this section, the insurer may avoid the contract. Definition of “circumstance” (8) In this section, circumstance includes any communication made to, or information received by, the insured.
Marine Insurance Act — M-0.6 22
Representations by insured or agent 22 (1) Every material representation made by the insured or the insured’s agent to the insurer during the negotiations for the contract and before the contract is concluded must be true. Material representation (2) A representation is material if it would influence the judgment of a prudent insurer in fixing the premium or determining whether to take the risk. Question of fact (3) Whether any representation is material or not is a question of fact. Types of representations (4) A representation may be as to a matter of fact or as to a matter of expectation or belief. Fact (5) A representation as to a matter of fact is deemed to be true if the difference between what is represented and what is actually correct would not be considered material by a prudent insurer. Expectation or belief (6) A representation as to a matter of expectation or belief is deemed to be true if it is made in good faith. Withdrawal or correction (7) A representation may be withdrawn or corrected before a contract is concluded. Effect of false representations (8) If any material representation made by the insured or the insured’s agent to the insurer during the negotiations for the contract is not true and is not withdrawn or corrected before the contract is concluded, the insurer may avoid the contract.
Marine Insurance Act — M-0.6 23
When contract is deemed to be concluded 23 A contract is deemed to be concluded when the proposal of the insured is accepted by the insurer, whether the marine policy is then issued or not, and for the purpose of establishing when the proposal is accepted, the slip or covering note or other customary memorandum of the contract may be referred to.
Marine Insurance Act — M-0.6 24
Ratification 24 A contract effected in good faith by a person on behalf of another person may be ratified by that other person even after the other person becomes aware of a loss.
Marine Insurance Act — M-0.6 25
Marine policy required 25 (1) A contract is inadmissible in evidence, unless it is evidenced by a marine policy in accordance with this Act. Issue of marine policy (2) A marine policy may be executed and issued when the contract is concluded or afterwards.
Marine Insurance Act — M-0.6 26
Contents of marine policy 26 A marine policy must specify (a) the name of the insured or of a person who effects the insurance on behalf of the insured; (b) the subject-matter insured; (c) the perils insured against; (d) the voyage or period, or both, covered by the insurance; (e) the sum insured; and (f) the name of the insurer.
Marine Insurance Act — M-0.6 27
Signature of insurer 27 (1) A marine policy must be signed by or on behalf of the insurer. Exception (2) Notwithstanding subsection (1), where the insurer is a corporation, the corporate seal is sufficient. Subscription by two or more insurers (3) Where a marine policy is subscribed by or on behalf of two or more insurers, each subscription, unless the contrary is expressed, constitutes a distinct contract with the insured.
Marine Insurance Act — M-0.6 28
Specification of subject-matter 28 (1) A marine policy must specify the subject-matter insured with reasonable certainty, but need not specify the nature and extent of the interest of the insured in that subject-matter. Specification in general terms (2) A marine policy that specifies the subject-matter insured in general terms shall be construed to apply to the interest intended by the insured to be covered. Usage (3) Any usage regulating the specification of the subject-matter insured shall be taken into consideration in applying this section.
Marine Insurance Act — M-0.6 29
Voyage and time policies 29 (1) A marine policy may be a voyage policy or a time policy. Voyage policy (2) A marine policy is a voyage policy if the contract insures the subject-matter “at and from”, or “from”, one place to another place or other places. Time policy (3) A marine policy is a time policy if the contract insures the subject-matter for a definite period. Combined policies (4) A marine policy may include a contract insuring the subject-matter as described in subsections (2) and (3).
Marine Insurance Act — M-0.6 30
Valued and unvalued policies 30 (1) A marine policy may be a valued policy or an unvalued policy. Valued policy (2) A marine policy is a valued policy if it specifies the agreed value of the subject-matter insured. Unvalued policy (3) A marine policy is an unvalued policy if it does not specify the value of the subject-matter insured and, subject to the limit of the sum insured, leaves the value to be determined in accordance with section 19. Value specified (4) Subject to this Act and in the absence of fraud, the value specified by a valued policy is, as between the insurer and the insured, conclusive of the insurable value of the subject-matter intended to be insured, regardless of whether any loss is a total loss or a partial loss. Idem (5) Unless a valued policy otherwise provides, the value specified by the policy is not conclusive for the purpose of determining whether there has been a constructive total loss.
Marine Insurance Act — M-0.6 31
Floating policy 31 (1) A marine policy may be a floating policy, that is to say, a policy that describes the insurance in general terms and leaves the name of the ship and other particulars to be defined by subsequent declarations, either by endorsement on the policy or in any other customary manner. Declarations (2) Unless a floating policy otherwise provides, declarations must be made in the order of dispatch or shipment and must, in the case of goods, include all consignments within the terms of the policy and honestly state the value of the goods. Rectification (3) An omission in a declaration or an erroneous declaration may be rectified even after loss or arrival if the omission or declaration was made in good faith. Idem (4) Unless a floating policy otherwise provides, where a declaration of value is not made until after notice of loss or arrival, the policy shall be treated as an unvalued policy with respect to the subject-matter of that declaration.
Marine Insurance Act — M-0.6 32
Definition of “warranty” 32 (1) In this section and sections 33 to 39, warranty means a promissory warranty by which the insured (a) undertakes that some particular thing will or will not be done or that some condition will be fulfilled; or (b) affirms or negates the existence of particular facts. Types of warranty (2) A warranty may be an express warranty or an implied warranty.
Marine Insurance Act — M-0.6 33
Express warranties 33 (1) An express warranty may be in any form of words from which the intention to warrant may be inferred. Inclusion in policy (2) An express warranty must be included in, or written on, the marine policy or be contained in a document incorporated by reference into the policy. Exclusion of implied warranty (3) An express warranty does not exclude an implied warranty, unless they are inconsistent.
Marine Insurance Act — M-0.6 34
Warranty of legality 34 There is an implied warranty in every marine policy that the marine adventure insured is lawful and, in so far as the insured has control, will be carried out in a lawful manner.
Marine Insurance Act — M-0.6 35
No implied warranty of nationality 35 There is no implied warranty in any marine policy as to the nationality of a ship or that the nationality of a ship will not be changed during the risk.
Marine Insurance Act — M-0.6 36
Warranty of neutrality 36 (1) Where in any marine policy insurable property is expressly warranted to be neutral, there is an implied condition in the policy (a) that the property will have a neutral character at the commencement of the risk and that, in so far as the insured has control, that character will be preserved during the risk; and (b) where the property is a ship, that, in so far as the insured has control, the papers necessary to establish the neutrality of the ship will be carried on the ship and will not be falsified or suppressed and no simulated papers will be used. Breach of condition (2) If any loss occurs through a breach of the implied condition referred to in paragraph (1)(b), the insurer may avoid the contract.
Marine Insurance Act — M-0.6 37
Warranty of seaworthiness of ship in voyage policy 37 (1) There is an implied warranty in every voyage policy that, at the commencement of the voyage, the ship will be seaworthy for the purpose of the particular marine adventure insured. Warranty of fitness against perils of the port (2) Where a voyage policy attaches while the ship is in port, there is an implied warranty in the policy that the ship will, at the commencement of the risk, be reasonably fit to encounter the ordinary perils of the port. Warranty of fitness for each stage of voyage (3) Where a voyage policy relates to a voyage performed in different stages during which the ship requires different or further preparation or equipment, there is an implied warranty in the policy that, at the commencement of each stage, the ship is seaworthy for the purposes of that stage. No implied warranty of seaworthiness in time policy (4) There is no implied warranty in any time policy that the ship will be seaworthy at any stage of the marine adventure, but where, with the privity of the insured, the ship is sent to sea in an unseaworthy state, the insurer is not liable for any loss attributable to unseaworthiness. When ship deemed seaworthy (5) A ship is deemed to be seaworthy if it is reasonably fit in all respects to encounter the ordinary perils of the seas of the marine adventure insured.
Marine Insurance Act — M-0.6 38
No implied warranty that goods are seaworthy 38 (1) There is no implied warranty in any marine policy on insurable property, other than a ship, that the insurable property is seaworthy. Voyage policy on goods (2) There is an implied warranty in every voyage policy on insurable property, other than a ship, that, at the commencement of the voyage, the ship is seaworthy and reasonably fit to carry the insurable property to the destination contemplated by the policy.
Marine Insurance Act — M-0.6 39
Compliance with warranty 39 (1) Subject to this section, a warranty must be exactly complied with, whether or not it is material to the risk. Effect of breach of warranty (2) Subject to any express provision in the marine policy or any waiver by the insurer, where a warranty is not exactly complied with, the breach of the warranty discharges the insurer from liability for any loss occurring on or after the date of the breach, but does not affect any liability incurred by the insurer before that date. Breach of warranty of good safety (3) A warranty that the subject-matter insured is “well” or “in good safety” on a particular day is not breached if the subject-matter is safe at any time during that day. When breach of warranty excused (4) A breach of a warranty is excused if, because of a change of circumstances, the warranty ceases to be applicable to the circumstances contemplated by the contract or if compliance with the warranty is rendered unlawful by any subsequent law. Limit on defence to breach of warranty (5) It is no defence to a breach of a warranty that the breach was remedied and the warranty complied with before any loss was incurred.
Marine Insurance Act — M-0.6 40
Implied condition as to commencement 40 (1) Where the subject-matter is insured by a voyage policy, the ship need not, when the contract is concluded, be at the place at and from, or from, which the subject-matter is insured, but there is an implied condition in the policy that the marine adventure will commence within a reasonable time and, if it is not so commenced, the insurer may avoid the contract. Exception (2) The implied condition may be negated by establishing that the delay was caused by circumstances known to the insurer before the contract was concluded or that the insurer waived the condition.
Marine Insurance Act — M-0.6 41
Change of port of departure 41 (1) Where the place of departure is specified by a marine policy and the ship sails from a different place, the risk does not attach. Change of destination (2) Where the destination is specified by a marine policy and the ship sails for a different destination, the risk does not attach.
Marine Insurance Act — M-0.6 42
Change of voyage 42 (1) Unless a marine policy otherwise provides, a change of voyage discharges the insurer from liability for any loss occurring on or after the time when the intention to change is manifested, whether or not the ship has in fact left the course of voyage contemplated by the policy when the loss occurs. Idem (2) There is a change of voyage where, after the commencement of the risk, the destination of the ship is voluntarily changed from that contemplated by the marine policy.
Marine Insurance Act — M-0.6 43
Deviation from voyage 43 (1) A deviation without lawful excuse from the voyage contemplated by a marine policy discharges the insurer from liability for any loss occurring on or after the time when the deviation occurs, regardless of the intention to deviate and whether or not the ship returns to its course of voyage before the loss occurs. Idem (2) There is a deviation from the voyage contemplated by a marine policy where (a) the course of the voyage is specified by the policy and is departed from; or (b) the course of the voyage is not specified by the policy but the usual and customary course is departed from. Idem (3) Where a marine policy specifies the ports of discharge, the ship may proceed to any or all of them, but if, in the absence of any usage or sufficient cause, the ship does not proceed to them, or such of them as it goes to, in the order specified, there is a deviation from the voyage contemplated by the policy. Idem (4) Where a marine policy specifies that the ports of discharge are within a given area and does not otherwise name them, the ship may proceed to any or all of them, but if, in the absence of any usage or sufficient cause, the ship does not proceed to them, or such of them as it goes to, in their geographical order, there is a deviation from the voyage contemplated by the policy.
Marine Insurance Act — M-0.6 44
Delay in voyage 44 The marine adventure insured by a voyage policy must be carried out with reasonable dispatch and a delay, without lawful excuse, in carrying it out discharges the insurer from liability for any loss occurring on or after the time when the delay becomes unreasonable.
Marine Insurance Act — M-0.6 45
Excuses for deviation or delay 45 (1) A deviation or delay referred to in section 43 or 44 is excused if it is (a) authorized by any special term in the marine policy; (b) caused by circumstances beyond the control of the master and the master’s employer; (c) reasonably necessary in order to comply with an express warranty or an implied warranty; (d) reasonably necessary for the safety of the ship or subject-matter insured; (e) for the purpose of saving human life or aiding a ship in distress where human life may be in danger; (f) reasonably necessary for the purpose of obtaining medical aid for any person on board the ship; or (g) caused by the barratrous conduct of the master or crew, if barratry is one of the perils insured against. Resumption (2) When the excuse for a deviation or delay ceases, the voyage must be resumed with reasonable dispatch.
Marine Insurance Act — M-0.6 46
Transhipment 46 Where the voyage contemplated by a marine policy is interrupted, by a peril insured against, at an intermediate port or place in such circumstances as, apart from the contract of affreightment, justify the master in landing and reshipping, or transhipping, the goods or movables and sending them to their destination, the insurer continues to be liable for a loss occurring on or after the landing or transhipment.
Marine Insurance Act — M-0.6 47
Premium to be arranged 47 (1) A reasonable premium is payable if insurance is effected at a premium to be arranged and no arrangement is made. Additional premium (2) A reasonable additional premium is payable if insurance is effected on the terms that an additional premium is to be arranged on the happening of a given event and that event happens but no arrangement is made.
Marine Insurance Act — M-0.6 48
Payment of premium 48 Unless otherwise agreed, the duty of the insured or the insured’s agent to pay the premium and the duty of the insurer to issue the marine policy to the insured or the insured’s agent are concurrent conditions, and the insurer is not required to issue the policy until the premium is paid or tendered.
Marine Insurance Act — M-0.6 49
Policy effected through broker 49 (1) Unless otherwise agreed, where a broker effects a marine policy on behalf of the insured, (a) the broker is directly responsible to the insurer for the premium; (b) the broker has, as against the insured, a lien on the policy for the amount of the premium and the broker’s charges in effecting the policy; and (c) the insurer is directly responsible to the insured for any amount that may be payable in respect of losses or a returnable premium. Idem (2) Unless otherwise agreed, where a broker effects a marine policy on behalf of a person who employs the broker as a principal, the broker has a lien on the policy in respect of any balance on any insurance account that may be due to the broker from that person, unless, when the debt was incurred, the broker had reason to believe that the person was only an agent.
Marine Insurance Act — M-0.6 50
Acknowledgement of receipt of premium 50 Where a broker effects a marine policy on behalf of an insured, an acknowledgement in the policy of the receipt of the premium is, in the absence of fraud, conclusive as between the insurer and the insured, but not as between the insurer and the broker.