The Marine Insurance Act 1906

Cover The Marine Insurance Act 1906
The Marine Insurance Act 1906
Mackenzie Dalzell Edwin Stewart Chalmers
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B. 734, C. A.
100 THE MARINE INSURANCE ACT, 1906.
SECT. 66. Liable to contribute, and the amount of the contribution can be deducted from the sum due under the policy on ship. 1 NOTE. The definition of general average given by Lawrence, J. , in 1801, still remains the standard definition. " All loss, " he says, " which arises in consequence of an extraordinary sacrifice made, or expense incurred, for the preservation of the ship and cargo comes within general average, and must be borne proporti
...onately by all who are interested. " 2 Subsects. (1) to (3) are merely explanatory, and perhaps belong Imore properly to the law of general average than to the law of marine insurance. As Barnes, J. , says, " The obligation to contribute to general average exists between the parties to the adventure, whether they are insured or not. The circumstance of a party being insured can have no influence on the adjustment of general average, the rules of which are entirely independent of insurance. If a contracting party is insured he can claim an indemnity against his underwriter in respect of the contribution which he has been compelled to pay in general average, but that is all.

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