สรุป
The Marine Insurance Act 1906 codified the common law of marine insurance as it had developed over centuries, principally through Lloyd's of London. Although directed at marine risks, its principles — particularly the duty of utmost good faith (uberrimae fidei), insurable interest, warranties, and subrogation — historically governed all types of insurance contract until reformed by the Insurance Act 2015 and the Consumer Insurance (Disclosure and Representations) Act 2012.
ประเด็นสำคัญ
- Defines a contract of marine insurance (s.1)
- Requires insurable interest (ss.4–15)
- Duty of utmost good faith (s.17) — now modified by Insurance Act 2015
- Disclosure obligations (s.18) — largely replaced for non-consumer contracts
- Warranties must be exactly complied with (s.33) — now modified by Insurance Act 2015
- Measure of indemnity and total/partial loss (ss.67–78)
- Subrogation rights of the insurer (s.79)
- Defines marine insurance as covering losses incident to marine adventure (s.1-3)
- Establishes requirement of insurable interest (s.4-15)
- Codifies duty of utmost good faith (uberrima fides) (s.17) — now modified by Insurance Act 2015
- Sets out rules on warranties and their breach (s.33-41)
- Provides for partial and total loss, actual and constructive (s.56-63)
- Establishes subrogation rights and contribution between insurers (s.79-80)
- Contract of marine insurance defined — insurer indemnifies assured against marine losses (s.1)
- Insurable interest required (ss.5-14)
- Utmost good faith (uberrima fides) — duty of disclosure of material facts (s.17-20) — modified by Insurance Act 2015 for non-consumer
- Warranties — must be exactly complied with; breach automatically discharges insurer (modified by Insurance Act 2015)
- Types of loss: total loss (actual and constructive), partial loss, general average
- Subrogation — insurer steps into shoes of assured after payment (s.79)
ส่วนและมาตรา
ประวัติการแก้ไข
2012 — Consumer Insurance (Disclosure and Representations) Act 2012
Removed consumer insurance contracts from the 1906 Act's disclosure regime.
2015 — Insurance Act 2015
Replaced the duty of disclosure (s.18) with the duty of fair presentation for non-consumer contracts; modified the remedy for breach of utmost good faith (s.17).
2015 — Insurance Act 2015
Modified the duty of disclosure and the remedies for breach of the duty of fair presentation, replacing the harsh 'avoidance' remedy with proportionate remedies.
2015 — Insurance Act 2015
Reformed duty of disclosure (replacing duty of utmost good faith for non-consumer insurance) and warranties.