Total and partial loss Marine Insurance Act 1906 Essay

Total and partial loss Marine Insurance Act 1906 - Essay Example Britain is the mistress of the seas, and its history is inextricably linked with the mastery of seamanship. The empire and its commerce were built upon transoceanic mercantilism, for which reason the UK has developed a relatively stable marine insurance law. Being well aware of the perils of the sea and the risks it poses to oceangoing vessels bearing valuable cargo, the development of marine insurance against losses due to oceanic misadventures is a natural development for a country like the UK. This paper shall treat specifically on the nature and types of losses that may be covered by marine insurance under the Marine Insurance Act 1906, and apply the provisions and jurisprudence concerning actual and constructive total loss to the case of Masefield AG (Insured) v Amlin Corporate Member Ltd (Insurer). The intention is to draw insight about the type of losses which marine insurance may or may not cover in the case of losses due to piracy. Marine Insurance Act 1906 s 56 The Marine I nsurance Act 1906 is a codification of the law of marine insurance as it existed at the turn of the century.2 It defines a contract of insurance as ‘a contract whereby the insurer undertakes to indemnify the assured in manner and to the extent thereby agreed, against marine losses, that is to say, the losses incident to marine adventure.’... (4)Where the assured brings an action for a total loss and the evidence proves only a partial loss, he may, unless the policy otherwise provides, recover for a partial loss. (5)Where goods reach their destination in specie, but by reason of obliteration of marks, or otherwise, they are incapable of identification, the loss, if any, is partial, and not total.’ 6 Actual total loss. From this enumeration, the kinds of losses which may be claimed against insurance are actual total loss, constructive total loss, and partial loss. Actual total loss is described in section 57, constructive total loss in section 60, and partial loss which is covered under sections 64 to 66, all under the Marine Insurance Act 1906. The Marine Insurance Act 1906, similar to common law, recognises only two principal kinds of loss – total loss and partial loss, pursuant to section 56 (1) and (2) of the Act. Actual total loss is defined in section 57 (1) as follows: ‘Where the subject-matter i nsured is destroyed, or so damaged as to cease to be a thing of the kind insured, or where the assured is irretrievably deprived thereof, there is an actual total loss.’7 This pertains to any subject matter insured, such as ship, cargo or freight. The first and last parts of section 57 originated from the observation by Lord Abinger made in Roux v Salvador,8 which constituted the basis of marine insurance was articulated in this manner: ‘The underwriter engages, that the object of the assurance shall arrive in safety at its destined termination. If, in the progress of the voyage, it becomes totally destroyed or annihilated, or if it be placed, by reason of the peril