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 measure of indemnity: constructive total loss (CTL) Definition of a constructive total loss A constructive total loss (or a ‘CTL’) is a…

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 Measure Of Indemnity: Actual Total Loss (ATL) Types of total loss There are two kinds of total loss in marine insurance law…

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 Measure Of Indemnity: Partial Loss The principle of indemnity By a contract of indemnity insurance, the insurer undertakes to hold 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 Sue And Labour Clause (Mitigation Of Loss) The Sue And Labour Clause The ‘sue and labour’ clause in the SG form of…

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. Causation The proximate cause In order to be indemnified for a loss under a marine insurance policy, it must be established that 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. Excepted Risks Excepted perils Generally, but not always, an excepted peril is a peril which would be included within an insured peril and…

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. War, Political And Strike Risks War Risks Clauses The SG form scheduled to the MIA covered marine and war risks. However, it became…

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. Marine Risks The ingredients of a valid insurance claim The essence of a marine insurance contract is that it is a contract of…

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. Implied Warranties Implied Warranties Section 33(2) MIA recognises that warranties may be implied. Warranties may be implied into the marine insurance contract either…

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. Conditions Precedent And Other Terms Of The Insurance Contract Conditions Precedent Conditions precedent are frequently used in insurance policies. A condition precedent is…