第二章 海上保险遵循的原则. 学习目标 通过对本章的学习，应达到以下目标： 掌握可保利益的定义与作用 熟悉最大诚信的内容及应用 了解近因的内涵及意义 掌握补偿与代位追偿的内容及应用. 第一节 可保利益原则. 一、海上保险可保利益定义 （ Definition of Insurable Interest ） 1746 年之前，英国保险人不要求被保险人证明他们对投保的船舶或货物拥有所有权，也不要求被保险人出示他们对保险标的物具有某种利益。
Definition of Insurable Interest
1906Marine Insurance Act Subject to the provisions of this Act, every person must have an insurable interest who is interested in a marine adventure. In particular, a person is interested in a marine adventure where he stands in any legal or equitable relation to the adventure or to any insurable property at risk therein, in consequence of which he may benefit by the safety or due arrival of insurable property, or may be prejudiced by its loss, or by damage thereto, or by the detention thereof, or may incur liability in respect thereof.
1The assured must be interested in the subject-matter insured at the time of loss though he need not be interested when the insurance is effected.
2Where the assured has no interest at the time of the loss, he cannot acquire interest by any act or election after he is aware of the loss.
1909The Marine Insurance Gambling Policies Act l909
CII1991Contract Law and Insurance Insurable interest is the legal right to insure arising out of a financial relationship, recognized at law, between the insured and the subject matter of insurance.200912
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CII1991Contract Law and Insurance
Utmost good faith is a positive duty to voluntarily disclose, actually and fully, all facts material to the risk being proposed, whether asked for them or not.
190617 A contract of marine insurance is a contract based upon the utmost good faith and, if the utmost good faith is not observed by either party, the contract may be avoided by the other party.
1Every material circumstance which is known to himself, and an agent to insure is deemed to know every circumstance which in the ordinary course of business ought to be known by, or to have been communicated to, him; and
An express warranty may be in any form of words from which the intention to warrant is to be inferred. An express warranty must be included in, or written in the policy, or must be contained in some document incorporated by reference into the policy. An express warranty does not exclude an implied warranty, unless it is inconsistent therewith.
Warranty of seaworthiness of ship
Warranty of seaworthiness of goods
Warranty of legality
Disclosure & Non-disclosure
Presentation & Misrepresentation
Misrepresentation and Financial Services Act 19867
Definition of Proximate Cause
Contract Law and Insurance
Proximate cause means active, efficient cause that sets in motion a train of events which brings about a result, without the intervention of any force started and working actively from a new and independent source.
Definition of Indemnity
Indemnity can be looked upon as exact financial compensation, sufficient to place the insured in the same financial position after a loss as he can enjoy immediately before it occurs.
Definition of Subrogation