FUNDAMENTAL PRINCIPLES OF MARINE INSURANCE

 The following are the essential characteristics or fundamental principles marine  insurance  contract:  (1) FEATURES OF GENERAL CONTRACT: It comprises offer, acceptance, lawful consideration ands issue  of policy. Broker  prepares the slip after getting shipowner’s  instructions  merchant or other prepares . The original  slip is presented  to a Lloyds underwriters who initials the slip and it is accepted ,. The premium is determined on the  assessment of the proposal.

The premiums is the consideration . The broker then sends the cover  note with the terms and conditions of the  insurance .  (2)  INSURABLE INTEREST:  The insured should have insurable interest in the subject matter of the  insurance . When a man stands  in a pecuniary relating a money relationship with the   subject matter of  insurance , he is said to have insurable interest. Silence  marine  insurance  id frequently effected before the commercial transactions to which they apply are formally  completed. It is not essential for the insured to have an insurable interest  at the time of effecting  insurance   , he does not become entitled to indemnifications . Since the  ownership and other interest of the subject matter often change from hands to hands, the requirements  of the insurable interest to be present only at the time of loss makes a marine  insurance  policy  freely assignable.

However  there are two exceptions.  (a) LOST OR NOT LOS T: There is no bar to buy an  insurance  policy  even if they does not know about the existence of the subject matter. There is complete  reliance on mutual good faith of parties. If one of the parties knows  about the subject matter and does not disclose, then the contract is void.   (b)  P.P.I POLICIES :  insurance  policy itself is the insurable interest  in such a policy (policy Proof of Interest)  . If loss takes place, the insurer will not verify the insurable interest of the holder. These are not legally enforceable  through  insurers keep their promises.  The following parties may be said to have insurable  interest in marine  insurance : (a) Owner of the ship has an insurable interest on his ship and freight at as he is likely to suffer financial loss in case of an accident or loss of ship :  (b) Crew of the ship have insurable interest to the extent of their wages and salaries: ( C ) Owners of a ware houses nor any other bailee has insurable interest as he has certain responsibilities  for the goods: (d) A mortgagee of a vessel or a lender has an insurable interest to the extent  of his dues only:

  (e) Holders of bottomry and respondentia  bonds (contracts authorizing the captain of the ship to borrow money on the security  of the vessel or against  the security of the  cargo)  to the extent of their loan:  (f) The cargo -owner can purchase  policy up to the full price of the cargo. If he has paid the freight  in advance, he can take the  policy for the  full price of the good plus the amount of price plus the expenses of  insurance .  (g) The insurer under a contract of marine  insurance  has an insurable interest in his risk and may re-insure in respect of it:  (h)  Husband and wife have a mutual  interest in each other’s property  (1) The consignee  as also the consignor of any  consignment has an insurable interest in the goods.