Insurance Law Implications of Delay in Maritime Transport

Page 140


Implied condition as to the commencement of risk


9.1 Section 42 of the MIA 1906 states that in voyage policies insured ‘at and from’ or ‘from’ a particular place, there is an implied condition that the adventure shall be commenced within reasonable time, failure of which gives the insurer the right to avoid the contract. The words ‘at and from’ or ‘from a particular place’ do not import a warranty or a representation that the vessel is already at the place when the policy is made.1 The fact that s 42 applies merely to voyage policies rests upon the rationale that delay in the nature of abandoning the voyage or changing the risk undertaken with respect to the voyage initially insured should no longer be binding upon the insurer. Albeit there is a fair number of cases decided prior to the enactment of the MIA, the section has not been much litigated nor has it been the subject of considerable debate following its enactment.

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.