Law of Yachts and Yachting

Page 99


Insurance Legislation and Contracts

Insurance Legislation and Contracts

  • 1. Non-disclosure and misrepresentation 102
  • 2. The insurance schedule 110
  • 3. The Institute Yacht Clauses 116
  • 4. Liability cover 128

[5-001] Introduction. The insurance of yachts is a topic which covers a huge range of craft from the little dinghy sailed only occasionally, and then only in estuary waters, to the thoroughbred racing machine going around the world, to the superyacht doing the winter season in the Caribbean and the summer season in the Mediterranean. As with any other craft, insurance cover will be subject to the ordinary principles of marine insurance law. Since the first edition of this book, there have been significant changes to the law of insurance and in particular to the law governing insurance contracts with consumers. In addition, to the provisions of the Marine Insurance Act 1906 (“the MIA”), it is now essential to look to the provisions of the Consumer Insurance (Disclosure and Representations) Act 2012 (“CIDRA 2012”) and the Insurance Act 2015.1 In addition, where insurers are providing services to consumers, they will also need to have in mind the provisions of consumer legislation such as the Consumer Rights Act 2015. Detailed consideration of that legislation is outside the scope of this work.2

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