Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. Remedies Avoidance Meaning Of Avoidance Avoidance is a remedy available to the innocent party. However, it is a remedy which does not apply…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. The Insurer’s Duty Introduction Section 17 MIA is quite clear in saying that the duty of good faith rests on both the assured…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. The Assured’s Post-Contractual Duty Of Good Faith Introduction The Court of Appeal in The Mercandian Continent confirmed that the duty of good faith…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. The Pre-Contractual Duty Of Utmost Good Faith Introduction Section 17 MIA provides as follows:- A contract of marine insurance is a contract based…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. Persons Who May Claim On A Policy Section 26 MIA Section 26 MIA provides as follows:- The subject-matter insured must be designated in…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. Valuation of Insurable Interest Basis of Valuation Valuation is important to know the quantum of indemnity that the assured is rightfully entitled to…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. Change Of Voyage, Deviation And Delay Attachment Of Risk, Change Of Voyage And Deviation Section 45 MIA provides as follows:- Where, after the…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. Duration of Risk : Time Policies And Voyage Policies Time and Voyage Policies Defined Section 25 MIA provides as follows:- Where the contract…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. Floating Policies & Open Covers Floating Policies Section 29 MIA provides as follows:- A floating policy is a policy which describes the insurance…