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MARINE INSURANCE
INTRODUCTION
Marine insurance is basically a protection of ship, cargo or property due to loss or
damage while it is in transit from one place to other. A marine insurance agreement is a
contract in which the insurer covers the assured, in the event of losses incurred during
transit. The amount of insurance is decided by the insurer. The Marine Insurance is
particularly beneficial for those business owners who travel a lot or deal with high-value
items.
The origin of this policy cover dates back to 17th century when one of the
insurance company of London started it for its clients. They introduced the concept of
inland marine coverage to guarantee goods coverage even after it had been unloaded from
the ship.
MEANING
A contract of marine insurance is an agreement whereby the insurer undertakes to
indemnify the insured, in the manner and to the extent thereby agreed, against transit
losses, that is to say losses incidental to transit. A contract of marine insurance may by its
express terms or by usage of trade be extended so as to protect the insured against losses
on inland waters or any land risk which may be incidental to any sea voyage.
HISTORY
The oldest form of insurance was that of marine insurance. This seems to have
originated in Rhodes, to have been adopted by the commercial cities of Italy and by the
towns of the Hanseatic League between the twelfth and fourteenth centuries, and to have
been introduced into England in the sixteenth century. The law of insurance was a branch
of the law merchant and very greatly out of harmony with the principles of the common
law. Early insurance cases were generally either submitted to the arbitration of a merchant
court or tried before a special court created for that purpose in the first year of the
seventeenth century. Only about fifty cases had come before the common law courts up to
the middle of the eighteenth century. The business of marine insurance was in its early
stages mainly conducted at Lloyd's Coffee House in London, and it was here that much of
the law and custom governing marine insurance was developed.
"It is known that Lloyd's Coffee House, an inn kept by one Edward Lloyd on
Tower Street in London, was, as early as 1688, a popular resort for seafaring men and
merchants engaged in foreign trade. It became the custom among those who gathered at
Lloyd's to make their gathering an occasion for arranging their mutual contracts of
insurance against the sea. In making such contracts it was the custom for the person
desiring the insurance to pass around among the company assembled a slip upon which
was written a description of the vessel and its cargo, with the name of the master and the
character of his crew, and the voyage contemplated. Those desiring to become insurers of
the ventures so described would write beneath the description on this slip their names or
initials, and opposite thereto the amount which each was willing to be liable for as an
insurer. When the total amount of insurance desired by the owner of the vessel was thus
underwritten, the contract was complete. From this practice, among those congregating at
Lloyd's, is derived the term 'underwriters; as now applied to insurers. The business of
insurance carried on in this informal way at Lloyd's seems to have increased rapidly, and
the commercial importance of the house required that it should be removed to a more
commodious and convenient site, which was found on Lombard Street, whither Lloyd
removed his house in 1692. Both the importance of this coffee house in commercial
circles, and the enterprise of its proprietor, were shown by the establishment in 1696 of a
newspaper, giving information of commercial transactions and of the movement of
shipping throughout the world. While this newspaper was shortly afterwards suppressed
by reason of some indiscretion on the part of its publisher, it was yet the progenitor of
'Lloyd's Lists,' the publication of which was begun in 1726, and which continues up to
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this day as the most important publication in the shipping and commercial world. After
various removals, Lloyd's finally found permanent quarters in the Royal Exchange, where
it is now located, and remains, probably the greatest and most important single
commercial factor in the mercantile world."6
OBJECTIVES
2) PAYMENT OF PREMIUM:
Art owner must ensure that the premium is paid well in advance so that the
risk can be covered. If the payment is made through cheque & it is dishonored
then the coverage of risk will not exist. It is as per section 64VB of Insurance Act
1938- Payment of premium in advance.
3) CONTRACT OF INDEMNITY:
Example, If the property under marine (transit) Insurance is insured for Rs.
20 Lakhs and during transit it is damaged to the extent of Rs.10 lakhs then the
insurance company will not Pay more than Rs. 10 Lakhs
Example, The nature of goods must he disclosed i.e. whether the goods
are hazardous in nature or not, as premium rate will be higher for hazardous
goods.
5) INSURABLE INTEREST:
The marine insurance will be vaild if the person is insurable interest At the
time of loss. The insurable interest will depend upon the nature of sales contract.
Example, Mr. A sends the goods to Mr. B on CIF (Cost Insurance &
Freight) basis which means the insurance is to be arranged by Mr. B. And if any as
arises during transit Men Mr. B is entitled to get the compensation from the
insurance company.
6) CONTRIBUTION:
If a person insures his goods with two insurance companies, then in case
of marine loss both the insurance companies will pay the loss to the owner
Proportionately.
Example, Goods worth Rs. 50 Lakhs were insured for marine insurance
with insurance company A and B. In case of loss, both the insurance companies
will contribute equally.
The period of insurance in the policy is for the normal time taken for a
particular transit. Generally the period of open marine insurance will rot exceed.
one year. It can also be issued for the single transit and or specific Period but not
for more than a year.
8) DELIBERATE ACT:
If goods are damaged or loss occurs during transit because of deliberate act
of an owner then that damage or loss will not be covered under the policy.
9) CLAIMS:
To get the compensation under marine insurance the owner must inform
the insurance company immediately so that the insurance company can take
necessary steps to determine the loss.
A. Submission of form
C. Payment of Premium
I. SUBMISSION OF FORM:
c) Method and type of packing: The possibility of loss or damage depends on this
factor. Generally, goods are packed in bales or bags, cases or bundles, crates,
drums or barrels, loose packing, paper or cardboard cartons, or in bulk etc.
i. The name of the place from where transit will commence and the name of the
place where it is to terminate.
ii. Mode of conveyance to be used in goods,( i.e.) whether by rail, lorry, air, etc ,
or a combination of two or more of these. The name of the vessel is to be
given when an overseas voyage is involved. In land transit by rad, lorry or air,
the number of the consignment note and the date there of should be furnished
The postal receipt number and date there of is required in case Of goods sent
by Post.
iii. If a voyage is likly to involve a trans-shipment it enhances the risk This fact
should be informed while seeking insurance Trans-shipment means the
change of carrier during the voyage.
e) Risk Cover required: The risk against which insurance cover is required should
be stated.
a. Nature of commodity.
b. Method of packing.
c. The Vessel.
On accepting the premium rates, the concerned person will make the
payment to the insurance company. The payment can be made on the consignment
basis.
i. COVER NOTE:
An open cover is particularly useful for large export and import firms-making
numerous regular shipments who would otherwise find it very inconvenient to
obtain insurance cover separately for each and every, Shipment. It is also possible
that through an oversight on the part of the insured a particular shipment may
remain uncovered and should a loss arises M respect of such shipment, it would
fall on the insured them selves to be born by them. In order to overcome such a
disadvantage, a permanent form of insurance protection by means of an open
cover is taken by big firms having regular shipments. An Open cover describes the
cargo, voyage and cover in general terms and takes care automatically of all
shipments which fall within its scope. It is usually issued for a period of 12
months and is renewable annually. It is subject to cancellation on either side, i.e.,
the insurer or the insured, by giving due notice.
CARGO INSURANCE:
Cargo insurance caters specifically to the cargo of the ship and also
pertains to the belongings of a ship's voyagers.
HULL INSURANCE:
Hull insurance mainly caters to the torso and hull of the vessel along with
all the articles and pieces of furniture in the ship. This type of marine insurance is
mainly taken out by the owner of the ship in order to avoid any loss to the ship in
case of any mishaps occurring.
LIABILITY INSURANCE:
FREIGHT INSURANCE:
VOYAGE POLICY:
A voyage policy is that kind of marine insurance policy which is valid for
a particular voyage.
TIME POLICY:
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MIXED POLICY:
A marine insurance policy which offers a client the benefit of both time
and voyage policy is recognized as a mixed policy.
In this type of marine insurance policy, the value of the cargo and
consignment is not put down in the policy beforehand. Therefore reimbursement
is done only after the loss to the cargo and consignment is inspected and valued.
VALUED POLICY:
This kind of marine insurance policy is taken out in order to ensure the
safety of the ship while it is stationed in a port.
WAGER POLICY:
FLOATING POLICY:
A marine insurance policy where only the amount of claim is specified and all
other details are omitted till the time the ship embarks on its journey, is known as floating
policy. For clients who undertake frequent trips of cargo transportation through waters,
this is the most ideal and feasible marine insurance policy.
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A person has to import goods from another country which is located on the
other side of sea for his business. While carrying goods from other side of sea
businessman may have to face dacoits or goods may be damaged because of
sinking of ship into the water. So businessman has to experience economic loss.
By the result of loss person may be discouraged to engage in business. But when
one insures his/her property in marine insurance does not have to face with
economic problem because marine insurance provides compensation to the
insured against the loss of property.
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A businessman wants to be secured for his goods. Especially countries which are
located on the other side of sea , businessman may have to use marine venture. Marine
insurance keeps them away from worry and fear or all responsibility of cargo owner is
transferred to the hand of insurance company that provides compensation to the cargo
owner if loss occurs.
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The Marine Insurance Act, 1963 was enforced on 18th April, 1963. The Act
codifies laws relating to marine insurance. Apart from a few exceptions, the Act is based
on UK Marine Insurance Act, 1906. According to section 3 of The Marine Insurance Act,
1963 marine insurance is an arrangement whereby the insurer agrees according to
contract terms, to indemnify the assured for losses incurred in connection with marine
adventure. Marine adventure includes any adventure where any insurable property is
exposed to maritime perils i.e. perils consequent to navigation of the sea. It also includes
the earnings or acquisition of any freight, passage money, commission, profit or other
pecuniary benefit, or the security for any advances, loans, or disbursements is endangered
by the exposure of insurable property to maritime perils as defined under section 2 sub
clause (e) of the Act.
Section 28 of the marine Insurance act deals with the subject matter and the same
shall be considered with utmost care and caution. As per section 28 sub clause (2) the
nature and extent of subject matter not be specified in policy, where policy specifies
subject matter in general terms it shall apply to the interest intended by the assured. Under
the Act there shall be three types of policy valued policy, unvalued policy and floating
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ship policy under sections 29, 30 and 31 apart from this there shall be time policy, voyage
policy and mixed policy.
Marine Insurance is based on few principles which are also its essentials these are
principle of utmost good faith; principle of insurable interest; principal indemnity and
principle of subrogation Here utmost good faith shall mean t at the insured relies
absolutely on the insurer, a contract of marine insurance is nothing different from any
other form of contract as laid down in General Assurance Society as laid down in General
Assurance Society v. Chandumull Jain, AIR 1966 SC 1644. Incase either insured or
insurer commits fraud the other party can avoid such contract. It shall be prima facie duty
of both the parties to act in utmost good faith and disclose every material circumstance
known as per section 20 and 21. Insurable interest here would mean, at the time of
insurance the insurer should have interest in subject matter. The insurer is liable to
indemnify the insured in case of loss also given under section 75 of the Act. Subrogation
means substitution of the insurer in place of the insured for the purpose of claiming
indemnity from a third person for loss covered by insurance. The insurer is entitled to
recover from a negligent t party for any loss payment made to insured as also under
section 79 of e Act.
Thus we can conclude that the Marine Insurance Act, 1963 is an essential piece of
legislation which bring into its ambit maritime losses. Prior to the legislation losses
incurred by the owner of goods and by the owner of vessel were unaccounted. The law
provides for insurance in all such cases relating to maritime losses and the contract of
marine insurance is similar in nature to that of any other insurance and contract.
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A peculiarity of marine insurance, and insurance law generally, is the use of the
terms condition and warranty. In English law, a condition typically describes a part of the
contract that is fundamental to the performance of that contract, and, if breached, the non-
breaching party is entitled not only to claim damages but to terminate the contract on the
basis that it has been repudiated by the party in breach.
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RATIONAL
SWOT ANALYSIS
STRENGTHS:
WEAKNESS:
OPPORTUNITIES:
THREATS:
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HYPOTHESIS
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RESEARCH METHODOLOGY
1) APPLIED RESEARCH:
Research undertaken to find a solution for a problem faced by a marine
insurance companies.
2) CASE STUDIES:
Within the set-up of the research project from which this
research will result, it is also considered important to provide good case studies of
typical marine insurance cases. In addition, a clear look at various.
case studies can provide important indications of the instruments used in the
performance of utmost good faith in practice.
RESEARCH DESIGN:
In view of the objects of the study listed above an exploratory research design
has been adopted. Exploratory research is one which is largely interprets and already
available information and it lays particular emphasis on analysis and interpretation of
the existing and available information.
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is a part of the research project, the survey of complete articles, law reports and
textbooks is necessary as well.
SECONDARY DATA:
Any data, which have been gathered earlier for some other purpose, are
secondary data in the hands of researcher. Those data collected first hand, either
by the researcher or by someone else, especially for the purpose of the study is
known as primary data. The data collected for this project has been taken from the
both primary and secondary source.
SAMPLE SIZE:
Keeping in the view objective of the study the sample size of 30 respondents is
consider good.
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1) Importers - 10 Respondents
2) Exporters - 10 Respondents
3) Others - 10 Respondents
SAMPLE DESIGN:
Sampling design is a plan designed to select the appropriate sample in
order to collect the right data so as to achieve the research objective. A sample is a
part of the universe that can be used as respondents to a survey or for the purpose
of experimentation, in order to collect relevant information to solve a particular
problem.
The primary data has been collected from the internal report of Indian
Banks Association. Sources of secondary data include newsletters of IBA,
websites of nationalized banks, Reserve Bank of India publications and Reserve
Bank of India circulars and newspapers.
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EXPECTED CONTRIBUTION
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LITERATURE REVIEW
2. Mandate, Maurice at al. 1998. Estimating the Economic Value of Coastal and
Ocean Resources: The Case of Nova Scotia. Oceans Institute of Canada and
Atlantic Coastal Zone Information, Canada. The study focuses on estimating
the total economic contributions of coastal- and oceans-related industries to the
over-all performance of Nova Scotia's economy. It measures the economic value
of Nova Scotia's coastal and ocean activities using four indicators which am:
direct and indirect contributions of these activities to Gross Domestic Product
(GDP); number of people employed by the industries; amount of wages and
salaries received by the industries' employees; and export values of outputs
produced by these industries. Coastal industries, as defined by this study, refer to
two groups: those using the coastal zones as a resource and those that use coastal
zone as a "medium of movement, operation or innovation".
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production costs from the total income. It should be noted. though, that this
includes payments to labor (wages) and, capital and entrepreneurship.
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CONCLUSION
Insurance is an integral part of any personal financial plan. The type of insurance
and the amount of coverage you obtain all depends on your unique financial and family
circumstances, and must be evaluated carefully. When considering purchasing coverage,
you should review all the potential risks and the financial impact of these risks on your
financial health. This will help you determine what options to look for and what questions
to ask. What you need to keep in mind is that you do not want to be underinsured or
overinsured, which means you have to do your homework before you buy. And as with
any type of financial product, you must read the fine print and consult with a competent
advisor.
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BIBLIOGRAPHY
A] TEXT BOOK
1) Money & Central Banking - VASANT DESAI ( Himalaya Publications)
2) Environment & Management of Financial Services - P.K. Bandgar ( Banking &
Insurance I Semester )
B] SECONDARY DATA
www.google.com
www.rbi.com
www.rbi.org.in
www.moneycontrol.com
www.centralbanking.com
http://cpolicy.rbi.org.in
www.apex.com
http://bulletin.rbi.org.in
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