GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Marine Insurance Act — M-0.6 51
Marine policy assignable 51 (1) A marine policy is assignable either before or after a loss, unless it expressly prohibits assignment. Manner of assignment (2) A marine policy may be assigned by endorsement on the policy or in any other customary manner. Effect of assignment (3) Where a marine policy is assigned so as to transfer the beneficial interest in the policy, the assignee of the policy is entitled to sue on it in the assignee’s name and, in any such action, the defendant is entitled to raise any defence arising out of the contract that the defendant would have been entitled to raise if the action had been brought in the name of the person by or on behalf of whom the policy was effected.
Marine Insurance Act — M-0.6 52
Loss of interest 52 (1) Where an insured transfers or loses an interest in the subject-matter insured and does not, before or at the time of so doing, expressly or impliedly agree to assign the marine policy, no subsequent assignment of the marine policy is operative. Exception (2) Subsection (1) does not apply in respect of an assignment of a marine policy after a loss.
Marine Insurance Act — M-0.6 53
Losses covered 53 (1) Subject to this Act and unless a marine policy otherwise provides, an insurer is liable only for a loss that is proximately caused by a peril insured against, including a loss that would not have occurred but for the misconduct or negligence of the master or crew. Losses specifically excluded (2) Without limiting the generality of subsection (1), an insurer is not liable for any loss attributable to the wilful misconduct of the insured nor, unless the marine policy otherwise provides, for (a) in the case of insurance on a ship or goods, any loss proximately caused by delay, including a delay caused by a peril insured against; (b) ordinary wear and tear, ordinary leakage or breakage or inherent vice or nature of the subject-matter insured; (c) any loss proximately caused by vermin; or (d) any loss or damage to machinery not proximately caused by maritime perils.
Marine Insurance Act — M-0.6 54
Total and partial losses 54 A loss may be a total loss or a partial loss.
Marine Insurance Act — M-0.6 55
Types of total loss 55 (1) A total loss may be an actual total loss or a constructive total loss. Losses covered (2) Unless a marine policy otherwise provides, insurance against total loss includes both actual total loss and constructive total loss.
Marine Insurance Act — M-0.6 56
Actual total loss 56 (1) A loss is an actual total loss if the subject-matter insured is destroyed or is so damaged as to cease to be a thing of the kind insured or if the insured is irretrievably deprived of the subject-matter. Idem (2) Where a ship engaged in a marine adventure is missing and no news of the ship is received within a reasonable period, an actual total loss may be presumed.
Marine Insurance Act — M-0.6 57
Constructive total loss 57 (1) Unless a marine policy otherwise provides, a loss is a constructive total loss if the subject-matter insured is reasonably abandoned because the actual total loss of the subject-matter appears unavoidable or the preservation of the subject-matter from actual total loss would entail costs exceeding its value when the costs are incurred. Idem (2) Without limiting the generality of subsection (1), a loss is a constructive total loss if (a) in the case of a ship or goods, the insured is deprived of possession of the ship or goods by reason of a peril insured against and either the insured is unlikely to recover the ship or goods or the cost of recovery would exceed the value of the ship or goods when recovered; (b) in the case of a ship, the ship is so damaged by a peril insured against that the cost of repairing it would exceed the value of the ship when repaired; or (c) in the case of goods, the goods are so damaged that the cost of repairing and forwarding them to their destination would exceed the value of the goods on arrival. Cost of repair of ship (3) For the purposes of paragraph (2)(b), in estimating the cost of repairing a ship, no deduction may be made in respect of general average contributions to the repairs payable by other interested persons, but account is to be taken of the cost of future salvage operations and of any future general average contributions to which the ship would be liable if repaired.
Marine Insurance Act — M-0.6 58
Treatment 58 (1) An insured may treat a constructive total loss as a partial loss or may abandon the subject-matter insured to the insurer and treat the constructive total loss as an actual total loss. Notice of abandonment (2) Subject to this section and section 59, an insured who elects to abandon the subject-matter insured to the insurer must give a notice of abandonment to the insurer with reasonable diligence after the insured receives reliable information of the loss. Time for inquiry (3) An insured who receives doubtful information of a loss is entitled to a reasonable time to make inquiries before giving a notice of abandonment. Manner of giving notice (4) An insured may give a notice of abandonment orally or in writing, or partly orally and partly in writing, and in any terms that indicate the insured’s intention to abandon unconditionally the insured interest in the subject-matter to the insurer. Failure to give notice (5) If an insured fails to give a notice of abandonment as required by this section, the constructive total loss may be treated only as a partial loss.
Marine Insurance Act — M-0.6 59
Notice not required 59 (1) An insured is not required to give a notice of abandonment to the insurer if (a) the loss is an actual total loss; (b) notice is waived by the insurer; or (c) at the time the insured receives information of the loss, there is no possibility of benefit to the insurer if notice were given to the insurer. Idem (2) An insurer who has reinsured a risk is not required to give a notice of abandonment to the reinsurer.
Marine Insurance Act — M-0.6 60
Refusal of abandonment 60 (1) If an insured gives a notice of abandonment as required by section 58, the rights of the insured are not prejudiced by a refusal of the insurer to accept the abandonment. Acceptance of abandonment (2) An acceptance of an abandonment may be either express or implied from the conduct of the insurer, but the mere silence of an insurer after a notice of abandonment is given does not constitute an acceptance. Effect of acceptance on insured (3) On acceptance of an abandonment, the abandonment is irrevocable. Effect of acceptance on insurer (4) On acceptance of an abandonment, the insurer (a) conclusively admits liability for the loss and the sufficiency of the notice of abandonment; and (b) is entitled to acquire the interest of the insured in whatever remains of the subject-matter insured, including all proprietary rights incidental thereto. Abandonment of ship (5) On acceptance of the abandonment of a ship, the insurer is entitled to (a) any freight being earned at the time of, or earned subsequent to, the casualty causing the loss, less the costs incurred in earning it after the casualty; and (b) if the ship is carrying the shipowner’s goods, reasonable remuneration for the carriage of the goods subsequent to the casualty.
Marine Insurance Act — M-0.6 61
Partial loss 61 (1) A partial loss is any loss that is not a total loss. Idem (2) Where insured goods reach their destination in specie but cannot be identified by reason of obliteration of marks or otherwise, the loss, if any, is a partial loss. Recovery for partial loss (3) Unless a marine policy otherwise provides, an insured who brings an action for a total loss but establishes only a partial loss may recover for a partial loss.
Marine Insurance Act — M-0.6 62
Types of partial losses 62 A partial loss may be a particular average loss, a general average loss, salvage charges or particular charges.
Marine Insurance Act — M-0.6 63
Particular average loss 63 (1) A particular average loss is a loss of the subject-matter insured that is caused by a peril insured against and is not a general average loss, but does not include particular charges. Particular charges (2) Particular charges are expenses incurred by or on behalf of an insured for the purpose of preserving the subject-matter insured from a peril insured against, but do not include a general average loss or salvage charges.
Marine Insurance Act — M-0.6 64
Salvage charges 64 (1) Salvage charges are charges recoverable under maritime law by a salvor independently of any contract, but do not include expenses incurred for services in the nature of salvage rendered by the insured or the insured’s agent, or any person hired by the insured or the insured’s agent, for the purpose of averting a loss by a peril insured against. Recovery of salvage charges (2) Subject to any express provision in the marine policy, salvage charges incurred for the purpose of averting a loss by a peril insured against may be recovered from the insurer as a loss by such a peril. Recovery of other expenses (3) The expenses referred to in subsection (1) that are not salvage charges may, when properly incurred, be recovered from the insurer as particular charges or as a general average loss, according to the circumstances under which they were incurred.
Marine Insurance Act — M-0.6 65
General average loss 65 (1) A general average loss is a loss caused by or directly consequential on a general average act, and includes a general average sacrifice and a general average expenditure. General average act, sacrifice and expenditure (2) A general average act is any extraordinary sacrifice or expenditure, known as a general average sacrifice and a general average expenditure, respectively, that is voluntarily and reasonably incurred in time of peril for the purpose of preserving the property from peril in a common adventure. General average contribution (3) Subject to the conditions imposed by maritime law, a person who incurs a general average loss is entitled to receive from the other interested persons a rateable contribution, known as a general average contribution, in respect of the loss. Recovery of general average expenditure and general average sacrifice (4) Subject to any express provision in the marine policy, (a) an insured who incurs a general average expenditure may recover from the insurer in respect of the proportion of the loss falling on the insured; and (b) an insured who incurs a general average sacrifice may recover from the insurer in respect of the whole loss, without having enforced the insured’s right to contribution from other persons. Recovery of general average contribution (5) Subject to any express provision in the marine policy, an insured who has paid, or is liable to pay, a general average contribution in respect of the subject-matter insured may recover the contribution from the insurer. Condition (6) Subject to any express provision in the marine policy, an insurer is not liable for a general average loss or a general average contribution, unless the loss was incurred for the purpose of averting, or in connection with the avoidance of, a peril insured against. Where single ownership (7) Where any ship, freight and goods, or any two of them, are owned by the same insured, the liability of the insurer for a general average loss or a general average contribution shall be determined as if they were owned by different persons.
Marine Insurance Act — M-0.6 66
Measure of indemnity 66 The measure of indemnity in respect of a loss under a marine policy is the amount that the insured can recover in respect of the loss under the policy, such amount not exceeding (a) in the case of an unvalued policy, the insurable value of the subject-matter insured; or (b) in the case of a valued policy, the value of the subject-matter insured specified by the policy.
Marine Insurance Act — M-0.6 67
Total loss 67 Subject to this Act and any express provision in the policy, the measure of indemnity in respect of a total loss of the subject-matter insured is (a) in the case of an unvalued policy, the insurable value of the subject-matter; and (b) in the case of a valued policy, the value of the subject-matter specified by the policy.
Marine Insurance Act — M-0.6 68
Partial loss of ship 68 Subject to any express provision in the marine policy, the measure of indemnity in respect of a partial loss of a ship is (a) where the ship is repaired, the reasonable cost of the repairs less the customary deductions, but not exceeding the sum insured in respect of any one casualty; (b) where the ship is partially repaired, the aggregate of the reasonable cost of the repairs, as determined under paragraph (a), and the reasonable depreciation, if any, arising from the unrepaired damage, the aggregate not exceeding the cost, as determined under paragraph (a), of repairing the whole damage; and (c) where the ship is not repaired and is not sold in a damaged state during the risk, the reasonable depreciation arising from the unrepaired damage, but not exceeding the cost, as determined under paragraph (a), of repairing the damage.
Marine Insurance Act — M-0.6 69
Partial loss of freight 69 Subject to any express provision in the policy, the measure of indemnity in respect of a partial loss of freight is that proportion of the insurable value of the freight, in the case of an unvalued policy, or the value of the freight specified by the policy, in the case of a valued policy, that the part of the freight lost by the insured bears to the whole freight at the risk of the insured under the policy.
Marine Insurance Act — M-0.6 70
Partial loss of goods or movables 70 (1) Subject to any express provision in the policy, the measure of indemnity in respect of a partial loss of goods or movables is (a) where part of the goods or movables insured by an unvalued policy is totally lost, the insurable value of the part lost, ascertained as in the case of a total loss; (b) where part of the goods or movables insured by a valued policy is totally lost, that proportion of the value of the goods or movables specified by the policy that the insurable value of the part lost bears to the insurable value of all the goods or movables, ascertained as in the case of an unvalued policy; and (c) where the whole or any part of the goods or movables is delivered damaged at its destination, that proportion of the insurable value of all the goods or movables, in the case of an unvalued policy, or the value of all the goods or movables specified by the policy, in the case of a valued policy, that the difference between the gross value of all the goods or movables in a sound condition at that destination and their gross value in their damaged condition at that destination bears to the gross value of all the goods or movables in a sound condition at that destination. Definition of “gross value” (2) For the purposes of paragraph (1)(c), gross value (a) in the case of goods or movables customarily sold in bond, means the bonded price of the goods or movables; and (b) in the case of any other goods or movables, means the wholesale price, or if there is no wholesale price, the estimated value, of the goods or movables, together with any freight, landing charges and duty paid in respect of them. Gross proceeds (3) For the purposes of paragraph (1)(c), where the goods or movables are sold at their destination and all charges on the sale are paid by the sellers, their gross value in their damaged condition at that destination is the actual price obtained for them, which price is known as the gross proceeds.
Marine Insurance Act — M-0.6 71
Apportionment of specified value 71 (1) In determining the measure of indemnity under a valued policy that specifies a single value for different types of goods, (a) the value must be apportioned to those types in proportion to their respective insurable values, as determined under this Act; and (b) the value of any part of any type of the goods is that proportion of the value of all the goods of that type that the insurable value of that part bears to the insurable value of all the goods of that type, as determined under this Act. Idem (2) Where the insurable value of goods cannot be determined for the purposes of subsection (1) because the prime cost of a type of goods is not ascertainable, the value specified by the valued policy may be apportioned to the different types of goods in proportion to their respective net arrived sound values.
Marine Insurance Act — M-0.6 72
General average contribution 72 (1) Subject to any express provision in the marine policy, the measure of indemnity in respect of a general average contribution that an insured has paid or is liable to pay is (a) where the subject-matter of the contribution is fully insured for its contributory value, the full amount of the contribution; and (b) where the subject-matter of the contribution is not fully insured for its contributory value or only part of it is insured, that proportion of the full amount of the contribution that the insured value of the subject-matter bears to its contributory value. Idem (2) In order to determine the measure of indemnity under paragraph (1)(b) in a case where a particular average loss that is to be deducted from the contributory value has been incurred and is payable by the insurer, the amount of the loss must be deducted from the insured value of the subject-matter. Salvage charges (3) Where salvage charges are recoverable under a marine policy, the measure of indemnity in respect of the charges is to be determined in accordance with the principles set out in subsections (1) and (2).
Marine Insurance Act — M-0.6 73
Third party liability 73 Subject to any express provision in the policy, the measure of indemnity in respect of any liability to a third party that is expressly insured against by a marine policy is the amount paid or payable by the insured to the third party in respect of the liability.
Marine Insurance Act — M-0.6 74
Other losses 74 The measure of indemnity in respect of a loss not provided for in any of sections 67 to 73 is to be determined, as much as possible, in accordance with those sections.
Marine Insurance Act — M-0.6 75
Proportional liability 75 Where a loss is recoverable under a marine policy, the insurer, or each insurer if there is more than one, is liable for that proportion of the measure of indemnity in respect of the loss that the amount subscribed by the insurer is of (a) in the case of an unvalued policy, the insurable value of the subject-matter; and (b) in the case of a valued policy, the value of the subject-matter specified by the policy.
Marine Insurance Act — M-0.6 76
Construction 76 Nothing in sections 66 to 75 shall be construed as affecting the provisions of this Act relating to double insurance or prohibiting an insurer from disproving an interest in whole or in part or from establishing that, at the time of a loss, the whole or any part of the subject-matter insured was not at risk under the marine policy.
Marine Insurance Act — M-0.6 77
Particular average warranties 77 (1) Where the subject-matter insured under a marine policy is warranted free from particular average, the insured cannot recover for a loss of part of the subject-matter, other than a loss incurred by a general average sacrifice, unless the contract evidenced by the policy is apportionable, in which case the insured may recover for a total loss of any apportionable part. Idem (2) Where the subject-matter insured under a marine policy is warranted free from particular average, either wholly or under a specified percentage, the insurer is nevertheless liable for salvage charges and, if the policy contains a sue and labour clause, for particular charges and other expenses properly incurred under the clause for the purpose of averting a loss by a peril insured against. Addition of general to particular average loss (3) Unless the policy otherwise provides, where the subject-matter insured under a marine policy is warranted free from particular average under a specified percentage, a general average loss cannot be added to a particular average loss in order to attain that percentage. Calculation of percentage (4) Where the subject-matter insured under a marine policy is warranted free from particular average under a specified percentage, for the purpose of determining whether that percentage has been attained, only the actual loss incurred in respect of the subject-matter may be considered, and no particular charges or expenses incurred in establishing the loss may be included.
Marine Insurance Act — M-0.6 78
Recovery of successive losses 78 (1) Subject to this Act and unless the marine policy otherwise provides, an insurer is liable for successive losses, even if the total amount of the losses exceeds the sum insured. Exception (2) Where, under a marine policy, a partial loss that has not been repaired or otherwise made good is followed by a total loss, the insurer is liable only for the total loss. Liability under sue and labour clause (3) Nothing in subsections (1) and (2) shall be construed as affecting the liability of an insurer under a sue and labour clause.
Marine Insurance Act — M-0.6 79
Sue and labour clause 79 (1) Where a marine policy contains a sue and labour clause, the engagement thereby entered into is supplementary to the contract and the insured may recover from the insurer any expenses properly incurred under the clause, even if the insurer has paid for a total loss of the subject-matter insured or the subject-matter insured is warranted free from particular average, either wholly or under a specified percentage. Idem (2) General average losses, general average contributions, salvage charges, and expenses incurred for the purpose of averting or diminishing a loss by a peril not insured against are not recoverable under a sue and labour clause.
Marine Insurance Act — M-0.6 80
Duty to avert or diminish loss 80 It is the duty of an insured and an insured’s agent to take such measures as are reasonable for the purpose of averting or diminishing a loss under the marine policy.
Marine Insurance Act — M-0.6 81
Subrogation where total loss 81 (1) On payment by an insurer for a total loss of the whole of the subject-matter insured or, if the subject-matter insured is goods, for any apportionable part of the subject-matter insured, the insurer becomes entitled to assume the interest of the insured in the whole or part of the subject-matter and is subrogated to all the rights and remedies of the insured in respect of that whole or part from the time of the casualty causing the loss. Subrogation where partial loss (2) On payment by an insurer for a partial loss of the subject-matter insured, the insurer acquires no title to the subject-matter but is subrogated to all the rights and remedies of the insured in respect of the subject-matter from the time of the casualty causing the loss to the extent that the insured is indemnified, in accordance with this Act, by the payment for the loss.
Marine Insurance Act — M-0.6 82
Recovery or retention 82 (1) A premium or part of a premium that is returnable to the insured may, if paid, be recovered by the insured from the insurer and may, if not paid, be retained by the insured or the insured’s agent. When premium returnable (2) A premium or part of a premium is returnable to the insured in any of the circumstances described in sections 83 to 85.
Marine Insurance Act — M-0.6 83
Return on happening of specified event 83 Where a marine policy contains a provision for the return of the premium or part of the premium on the happening of a specified event, the premium or part is returnable to the insured on the happening of that event.
Marine Insurance Act — M-0.6 84
Return on total failure of consideration 84 (1) Where the consideration for a premium totally fails and there is no fraud or illegality on the part of the insured or the insured’s agent, the premium is returnable to the insured on the failure. Idem (2) Where any apportionable part of the consideration for a premium totally fails and there is no fraud or illegality on the part of the insured or the insured’s agent, a proportionate part of the premium is returnable to the insured on the failure.