Documente Academic
Documente Profesional
Documente Cultură
Project Work
On
Submitted to:
Dr. Y. Papa Rao Sir (Faculty of Insurance Law)
Submitted By:
Shubhankar Thakur
Roll no:-149
Semester-X- C
i
Declaration
I, Shubhankar Thakur, hereby declare that, the project work entitled, ‘Marine Insurance and
Marine Insurance Policy’ submitted to H.N.L.U., Raipur is record of an original work done by
me.
Shubhankar Thakur
Section C
Batch XIII
ii
Certificate
I, Shubhankar Thakur, hereby declare that, the project work entitled, ‘Marine Insurance and
Marine Insurance Policy’ submitted to H.N.L.U., Raipur is made under the guidance of Dr. Y.
Papa Rao Sir, Faculty Member, H.N.L.U., Raipur.
Shubhankar Thakur
Section C
Batch XIII
iii
Contents
1. Declaration ii
2. Certificate iii
3. Acknowledgment iv
4. Chapter-1: Introduction 7
8. TYPES OF POLICIES 20
9. Conclusion 22
10. Bibliography 25
iv
Acknowledgement
First and Foremost, I take this opportunity to express my profound gratitude and deep
regards to my teacher Dr. Y. Papa Rao Sir (Faculty of Insurance Law) for his exemplary
guidance and encouragement throughout the course of this project. The blessing help and
guidance given by his time to time shall carry me a long way in the journey of life on which I am
about to embark.
I also take this opportunity to express a deep sense of gratitude to IT lab staff and library
staff for their cordial support, valuable information and guidance which helped me in completing
this task efficiently.
Lastly, I thank almighty, my family and friends for their constant encouragement and
help without which this assignment would not be possible.
Shubhankar Thakur
Section C
v
RESEARCH METHODOLOGY
The objective of this project is to get an overview of right to legal aid in India, so the major
sources of literature have been articles, research papers of academicians and reports of various
international organizations committed to bring an end to counterfeiting.
This is a doctrinal research which is descriptive and analytical in nature. Footnotes have been
provided wherever needed, to acknowledge the source.
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INTRODUCTION
Marine Insurance is a contract under which the insurer undertakes to indemnify the insured
against losses, caused due to perils of the sea. Here perils of the sea include:
(b) Damage to the ship and cargo due to dashing of the waves.
(f) Destruction of the ship and cargo by the crew or captain of the ship, piracy and such other
risks.
Section 3 of the Marine Insurance Act, 1963 defines a contract of marine insurance as an
insurance cover for marine cargo, air cargo and post parcels. Thus, marine insurance is used to
(c) Rail/road.
(d) Air.
(e) Post.
It provides insurance or protection to goods in 'transit' and also extends to storage of goods
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MEANING OF MARINE INSURANCE
Cargo (Marine) insurance is governed by the Marine Insurance Act, 1963, the Insurance Act,
cargo or marine insurance is an insurance cover for marine Insurance Act, cargo or marine
insurance is an insurance cover for marine cargo, air cargo and post cargo parcels. The purpose
of cargo insurance is to protect goods against physical loss or damage during transit. All export
consignments should preferably be insured even if the terms of sale do not provide for it. All
goods on consignment basis must be insured by the exporter only. Marine Insurance Contract is
an agreement whereby the insurance company (insurer) undertakes to indemnify the owner
(insured) of a ship or cargo against risks which are incidental to marine adventure. (Section 3 of
the Marine Insurance Act, 1963)1. The parties to a contract of insurance of follows:
1. The insurance company also known as underwriters who assume the liability when the
2. The insured, i.e. the one who either procures an insurance policy or becomes beneficiary
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
1
https://www.policybazaar.com/commercial-insurance/marine.
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In simple words the marine insurance includes:
A. Cargo insurance which provides insurance cover in respect of loss of or damage to goods
B. Hull insurance which is concerned with the insurance of ships (hull, machinery, etc.).
It is a prerequisite to any contract. Similarly the goods under marine (transit) insurance will be
insured after the offer is accepted by the insurance company2. Example: A proposal submitted to
the insurance company along with premium on 1/4/2013 but the insurance company accepted the
proposal on 15/4/2013. The risk is covered from 15/4/2013 and any loss prior to this date will not
2) Payment of premium:
An 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 and 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 advance3.
2
https://www.policybazaar.com/commercial-insurance/marine.
3
https://www.slideshare.net/smgupta1947/marine-insurance
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3) Contract of Indemnity:
Marine insurance is contract of indemnity and the insurance company is liable only to the extent
of actual loss suffered. If there is no loss there is no liability even if there is operation of insured
peril.
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.
The owner of goods to be transported must disclose all the relevant information to the insurance
company while insuring their goods. The marine policy shall be voidable at the option of the
information4.
Example: The nature of goods must be disclosed i.e. whether the goods are hazardous in nature
5) Insurable Interest:
The marine insurance will be valid if the person is having insurable interest at the time of loss.
The insurable interest will depend upon the nature of sales contract5.
Example: Mr. A sends the goods to Mr. B on FOB (Free on Board) basis which means the
insurance is to be arranged by Mr. B. And if any loss arises during transit then Mr. B is entitled
4
https://www.slideshare.net/smgupta1947/marine-insurance
5
https://www.policybazaar.com/commercial-insurance/marine.
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Example: Mr. A sends the goods to Mr. B on CIF (Cost Insurance and Freight) basis which
means the insurance is to be arranged by Mr. A. And if any loss arises during transit then Mr. A
6) Contribution:
If a person insures his goods with two insurance companies, then in case of marine loss both the
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 not exceed one year. It can also be issued for
the single transit and for 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
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.
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PRINCIPLES GOVERNING THE CONTRACT OF INSURANCE
1. Principle of utmost good faith i.e. the insured must disclose to the insurer all the material
facts or circumstances which are known to him or which ought to be known to him in the
ordinary course of business6.
2. Principle of insurable interest i.e. no person can enter into a valid contract of insurance
unless he has insurable interest in the object or the life insured. Insurable interest is
understood as an interest in the preservation of a thing or continuance of a life,
recognized by law. Thus one can have an insurable interest only when one would stand to
benefit financially by the continuance of the life or object insured otherwise financial loss
would result. Thus, a person can take policy on his ship an owner of the goods can take
policy on cargo and person entitled to receive freight can take policy on freight 7. All such
persons have insurable interest in the subject matter. Without insurable interest such
contracts are merely wagering agreements which are not valid contracts.
3. Principle of indemnity i.e. the contracts of insurance only indemnify a loss resulting from
risk covered under the policy8. However the cargo owner are usually allowed a
reasonable anticipated profit. In other words we can say that the marine insurance policy
provides a commercial indemnity rather than indemnity in a strict legal sense.
4. Causal proxima: This principle implies that the insurer becomes liable to pay for loss if
the insured peril or risk is the proximate cause of loss9. Thus the insurer would not pay
for the loss to the goods if they are stolen because of unworthy packing in case the policy
covers the risk theft, pilferage and non delivery. In this case the proximate cause of loss is
the faulty packing which facilitated the goods to be stolen. Since this is not covered under
the risks specified in the policy the insurer would not indemnify the loss.
6
https://www.marineinsight.com/maritime-law/different-types-of-marine-insurance-marine-insurance-policies
7
https://www.slideshare.net/smgupta1947/marine-insurance
8
https://www.slideshare.net/smgupta1947/marine-insurance
9
https://www.hdfcergo.com/commercial-insurance/marine-insurance-policy.html
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PROCEDURE TO INSURE UNDER MARINE INSURANCE:
A. Submission of form
C. Payment of Premium
A) Submission of form:
important for rating and underwriting. Different types of commodities are susceptible for
different types of damage during transit- sugar, cement, etc are easily damaged by sea water;
cotton is liable to catch fire; liquid cargoes are susceptible to the risk of leakage and crockery,
glassware to breakage; electronic items are exposed to the risk of theft, and so on.
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
d) Voyage and Mode of Transit: Information will be required on the following points:
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 transporting 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 rail, lorry or air, the number of
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the consignment note and the date thereof should be furnished. The postal receipt number
iii. If a voyage is likely 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 risks against which insurance cover is required should be stated.
Based on the information provided as above the insurance company will quote the premium rate.
a) Nature of commodity.
b) Method of packing.
c) The Vessel.
C) Payment of premium:
On accepting the premium rates, the concerned person will make the payment to the insurance
i) Cover Note:
A cover note is a document granting cover provisionally pending the issue of a regular policy. It
happens frequently that all the details required for the purpose of issuing a policy are not
available11. For instance, the name of the steamer, the number and date of the railway receipt, the
10
https://www.slideshare.net/smgupta1947/marine-insurance
11
https://www.hdfcergo.com/commercial-insurance/marine-insurance-policy.html
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ii) Marine Policy:
This is a document which is an evidence of the contract of marine insurance. It contains the
individual details such as name of the insured, details of goods etc. These have been identified
earlier. The policy makes specific reference to the risks covered. A policy covering a single
An open policy is also known as ‘floating policy’. It is worded in general terms and is issued to
take care of all “shipments” coming within its scope. It is issued for a substantial amount to
cover shipments or sending during a particular period of time. Declarations are made under the
open policy and these go to reduce the sum insured12. Open policies are normally issued for a
year. If they are fully declared before that time, a fresh policy may be issued, or an endorsement
placed on the original policy for the additional amount. On the other hand, if the policy has run
its normal period and is cancelled, a proportionate premium on the unutilized balance is refunded
stamped document, and, therefore, certificates of insurance issued thereunder need not be
There are certain advantages of an open policy compared to specific policies. These are:
c) Some saving in stamp duty. This may be substantial, particularly in the case of inland
sendings.
12
https://www.slideshare.net/smgupta1947/marine-insurance
13
https://www.hdfcergo.com/commercial-insurance/marine-insurance-policy.html
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iv) Open Cover:
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 in respect of such
shipment, it would fall on the insured themselves to be borne by them. In order to overcome such
big firms having regular shipments14. 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.
Since no stamps are affixed to the open cover, specific policies or certificates of insurance are
issued against declaration and they are required to be stamped according to the Stamp Act. There
is no limit to the total number or value of shipments that can be declared under the open cover.
The open policy differs from an open cover in certain important respects. They are:
a) The open policy is a stamped document and is, therefore, legally enforceable in itself,
whereas an open cover is unstamped and has no legal validity unless backed by a stamped
b) An open policy is issued for a fixed sum insured, whereas there is no such limit of amount
under any open cover. As and when shipments are made under the open policy, they have
14
https://www.marineinsight.com/maritime-law/different-types-of-marine-insurance-marine-insurance-policies/
15
https://www.slideshare.net/smgupta1947/marine-insurance
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to be declared to the insurers and the sum insured under the open policy reduces by the
amount of such declarations. When the total of the declarations amounts to the sum insured
under the open policy, the open policy stands exhausted and has to be replaced by a fresh
one.
the insured or the banks in respect of each declaration made under an open cover and / or
open policy. The certificate, which is substituted for specific policy, is a simple document
containing particulars of the shipment or sending. The number of open contract under which
it is issued is mentioned, and occasionally, terms and conditions of the original cover are
also mentioned. Certificates need not be stamped when the original policy has been duly
stamped
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CHAPTER 2 : TYPES OF MARINE INSURANCE
I) WHY SHOULD CARGO BE INSURED?
There are many different things that can potential happen during shipment of cargo and container
on a ship. The loading cranes could damage the containers, theft and piracy, weather damage, as
well as potentially losing the cargo overboard or other marine disasters. All of these possible
issues are exactly why you need marine cargo insurance. Your goods need to be protected, and if
you are a company transporting goods this way, then you need to protect your company from
1) Hull Insurance:
Hull and machinery insurance is to protect the ship owner’s investment in the ship. It is basically
a property insurance which covers the ship itself, the machinery and equipment16. Furthermore,
the insurance covers some liabilities, normally collision liability with another ship and
sometimes also liability for colliding with other objects than another ship.
Claims Included:
Groundings – damage to the ship, salvage of the ship and possible contribution in general
average.
16
https://www.hdfcergo.com/commercial-insurance/marine-insurance-policy.html
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Collisions – damage sustained to the ship and sometimes also liability towards the other
ship.
2) Cargo Insurance:
Cargo insurance (also called marine cargo insurance) covers physical damage to, or loss of your
goods while in transit by land, sea and air and offers considerable opportunities and cost
Claims Included:
Protection and Indemnity insurance, or “P&I” as it is usually called, is a ship owner's insurance
cover for legal liabilities to third parties. “Third parties” are any person, apart from the ship-
owner himself, who may have a legal or contractual claim against the ship17. P&I insurance is
usually arranged by entering the ship in a mutual insurance association, usually referred to as a
“club”18. Ship-owners are members of such clubs. Legal liability is decided in accordance with
the laws of the country where an accident takes place. The P&I insurance cover for contractual
liability is agreed at the time the owner requests insurance cover from the club and is usually in
accordance with the owner’s responsibility under crew contracts or special terms relating to the
17
https://www.slideshare.net/smgupta1947/marine-insurance
18
https://www.marineinsight.com/maritime-law/different-types-of-marine-insurance-marine-insurance-policies/
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Loss of Crew Members’ Personal Effects:
P&I insurance also covers the owner’s liability for loss of crew belongings in cases of shipwreck
or fire on board. The cover only applies to items which are deemed to be reasonable for any crew
member to have with him on board. A crew member travelling with unusually expensive items,
such as laptop computers, gold watches etc should make sure that he has such items separately
insured.
TYPES OF POLICIES:
This is a form of floating policy issued to clients whose annual estimated dispatches (i.e.
turnover) by rail / road / inland waterways exceed Rs 2 crores. Declaration of dispatches shall be
made at periodical intervals and premium is adjusted on expiry of the policy based on the total
declared amount. When the policy is issued sum insured should be based on previous year’s
A discount in the rates of premium based on turnover amount (e.g. exceeding Rs.5 crores etc.) on
This insurance is granted in conjunction with an open policy or a special declaration policy. The
purpose of this policy is to cover goods lying at the Railway premises or carrier’s godowns after
termination of transit cover under open or special declaration policies but pending clearance by
the consignees. The cover terminates when delivery is taken by the consignee or payment is
19
https://www.marineinsight.com/maritime-law/different-types-of-marine-insurance-marine-insurance-policies/
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https://www.hdfcergo.com/commercial-insurance/marine-insurance-policy.html
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c) Annual Policy:
This policy, issued for 12 months, covers goods belonging to the insured, which are not under
contract of sale, and which are in transit by rail / road from specified depots / processing units to
d) “Duty” Insurance:
Cargo imported into India is subject to payment of Customs Duty, as per the Customs Act. This
duty can be included in the value of the cargo insured under a Marine Cargo Policy, or a separate
policy can be issued in which case the Duty Insurance Clause is incorporated in the policy21.
Warranty provides that the claim under the Duty Policy would be payable only if the claim under
Insurance may be ‘goods at destination port’ on the date of landing if it is higher than the CIF
21
https://www.marineinsight.com/maritime-law/different-types-of-marine-insurance-marine-insurance-policies/
22
https://www.hdfcergo.com/commercial-insurance/marine-insurance-policy.html
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CONCLUSION
Marine insurance is obligatory for all yacht and ship owners to obtain especially where the vessel
is lobe used for commercial or transportation purposes and where it will be carrying passengers,
workers, or cargo across international waters. It is important to not only obtain marine insurance
for your vessel a operating business, but to also obtain the most favorable insurance policy that
covers you for a variety of risks.
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Variations in temperature causing complications.
Compensation for illness, injury or death of persons on board the vessel.
Collision.
Pollution
Cargo liabilities
Labor and legal costs
Unlike many other forms of transportation vehicles: marine transport is subject to a broad range
of risks that are out of the control of the vessel operator. It is therefore essential for all ship and
yacht owners to have the appropriate insurance in place.
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indemnifies the shipowner to marine insurance. So marine insurance is very important for
the freight.
Importance of Marine Insurance for CargoOwner:- A businessman wants to be
secured for his goo.. 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 a all responsibility of cargo owner is transferred to the hand of insurance
company that provides compensation to the cargo owner if loss occurs.
Importance of Marine Insurance for the Government: - International trade has been
increased due to the marine insurance. As international trade increases government also
can receive economic profit. Government increases revenue by including extra income
tax. So marine insurance is important for the government also.
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BIBLIOGRAPHY:
1. M.N. Srinivasan, Principles of Insurance Law , Ramaiya Publishers, Banglore
2. Avatar Singh : Law of Insurance , Eastern Book Company, Lucknow
REFERENCE:
www.slideshare.net/nazfel/marine-insurance
www.policybazaar.com/commercial-insurance/marine
www.hdfcergo.com/commercial-insurance/marine-insurance-pol
www.marineinsight.com/maritime-law/different-types-of-marine-insurance-marine-insurance-
policies
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