Page 33 - Insurance Times July 2016
P. 33

FEATURES OF
MARINE RISKS
AND WARRANTIES
IN MARINE
INSURANCE

Introduction                                                     Marine Insurance practice and procedure are constantly
                                                                 evolving and changing with times and insurers have to meet
"There is no virtue in not knowing what can be known",           the current needs of trade and commerce and maintain
says Aldous Huxley. Insurance is no exception to this            economic stability and security in an often unstable financial
prescript. Marine Insurance is an essential component in         climate. The complexities of marine insurance underwriting
commerce, trade and industry both domestic and                   and conditions are particularly intricate to comprehend and
international. Without its know-how and the security it          more so in recent years with many changes in market
affords, expansion and growth of even the most financially       practices both domestic and international on one hand and
secure trading or industrial organization will be stifled and,   marine insurance covenants on the other.
faced with adversity, the organization could crumble.

In the increasingly difficult and highly technical markets of    Marine Insurance has had a hoary past tracing its origin to
today insurers provide this security with sound financial        the 12th and early 13th century with the Hanseatic and
reserves but it is knowledge and experience that enables         Lombard merchants who were very much into sea trade.
active underwriters to recognize the risks that are likely to    They were forced to migrate to England in the late 13th
occur and determine the right cover for the assured. A full      century in search of a safe haven for their trade. The usages
understanding of insurance conditionsand market needs            of the Lombard merchants crystallized into a universal body
enables an underwriter to properly fulfil his role in servicing  of practices, rules and regulations and these rules and
his client's needs and come to a harmonious integration of       regulations later became part of the English Maritime Law.
minds as between the insurer and the assured in concluding
the insurance contract.                                          What really gave impetus to a full-fledged law in respect of
                                                                 marine insurance was the plague and the great London fire
              About the author                                   of 1666 known as 'Annus Mirabilis'. The interpretation of
                                                                 the rules and regulations and judicial decisions handed
  A. Ramachandran                                                down by courts in course of time led to the enactment of
  General Manager & Director (Retd)                              The Marine Insurance Act, 1906 in England and much later
  United India Insurance Co. Ltd.                                The Marine Insurance Act, 1963 in India.

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