Insurance Disputes





Page 601

21.1 Marine insurance has always had particular features that distinguished it from other forms of insurance. The modern law of marine insurance is governed by the Marine Insurance Act 1906 (the MIA). The Act is a statement of the common law as it stood in the early 20th century. All provisions of the Act can be displaced by the agreement of the parties to the insurance contract.1 In addition to concepts and matters enshrined in the Act, marine insurance practice involves the use of specially developed clauses for hull and machinery and cargo insurance, specific to marine policies. The Act and clauses will be addressed in the following. The issues are addressed in approximately the same order in which they are dealt with in the book as a whole.

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