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III IC-67 key terms

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Marine Insurance

Insurance covering loss or damage to ships, cargo, freight, and related liabilities arising from maritime perils, governed by the Marine Insurance Act and related law.

Related: Peril of the Sea, Insurable Interest, Utmost Good Faith
Insurable Interest

A person's legal or equitable relationship to the subject matter such that loss or damage would cause them financial harm, making them eligible to insure it.

Related: Subject Matter Insured, Indemnity Principle, Assignment of Policy
Utmost Good Faith

The duty on both parties, especially the assured, to disclose all material facts and avoid misrepresentation when arranging the insurance contract.

Related: Material Fact, Non-Disclosure, Misrepresentation
Material Fact

Any circumstance that would influence a prudent underwriter's judgment in deciding whether to accept a risk, or what premium or terms to apply.

Related: Utmost Good Faith, Non-Disclosure, Misrepresentation
Non-Disclosure

Failure by the assured to reveal a material fact to the insurer, which may entitle the insurer to avoid the policy.

Related: Utmost Good Faith, Material Fact, Avoidance of Policy
Misrepresentation

A false or misleading statement made to the insurer about a material matter during negotiations, whether innocent or deliberate, that may entitle the insurer to avoid the contract.

Related: Utmost Good Faith, Material Fact, Avoidance of Policy
Peril of the Sea

A fortuitous accident or casualty of the seas, such as heavy weather or waves, but excluding the ordinary action of wind and water.

Related: Marine Insurance, Inchmaree Clause, FORTUITOUS
Inchmaree Clause

A clause extending cover to losses from accidents in loading, discharging, or handling cargo, and from latent defects in machinery or hull, not caused by lack of due diligence.

Related: Peril of the Sea, Latent Defect, Due Diligence
Latent Defect

A hidden flaw in machinery, hull, or equipment that is not discoverable by reasonable inspection and may trigger cover under an Inchmaree-type clause.

Related: Inchmaree Clause, Due Diligence, Unseaworthiness
Due Diligence

The reasonable care a shipowner or operator must exercise to make the vessel seaworthy and safe, often a condition for recoverable losses.

Related: Seaworthiness, Latent Defect, Inchmaree Clause
Seaworthiness

The condition of a vessel being reasonably fit in hull, equipment, crew, and stowage to encounter the ordinary perils of the intended voyage.

Related: Unseaworthiness, Due Diligence, Voyage Policy
Unseaworthiness

A state in which the vessel is not properly crewed, equipped, or fit to withstand the ordinary stresses of the voyage, often excluding certain claims.

Related: Seaworthiness, Due Diligence, Cargo Insurance
Indemnity Principle

The principle that insurance restores the assured to the financial position held before the loss, without allowing profit from the claim.

Related: Insurable Interest, Subrogation, Valued Policy
Subrogation

The insurer's right, after paying a claim, to step into the assured's shoes and pursue recovery from third parties responsible for the loss.

Related: Indemnity Principle, Abandonment, Salvage
Abandonment

The assured's notice to the insurer surrendering all interest in the insured property when a constructive total loss occurs, enabling a total loss claim.

Related: Constructive Total Loss, Actual Total Loss, Subrogation
Actual Total Loss

A loss where the insured subject matter is completely destroyed, irrecoverably lost, or so damaged it ceases to be the thing insured.

Related: Constructive Total Loss, Partial Loss, Abandonment
Constructive Total Loss

A loss where the subject matter is not totally destroyed but recovery or repair costs would exceed its insured value, permitting abandonment.

Related: Actual Total Loss, Abandonment, Particular Average
Particular Average

A partial loss accidentally suffered by a particular insured interest, such as damage to one cargo owner's goods, borne by that interest alone.

Related: General Average, Partial Loss, Constructive Total Loss
General Average

A maritime principle requiring all parties in a venture to share proportionately in sacrifices or expenses deliberately incurred to save ship and cargo from common peril.

Related: Particular Average, Salvage, York-Antwerp Rules
York-Antwerp Rules

An internationally adopted set of rules defining which losses and expenses qualify as general average and how contributions are apportioned.

Related: General Average, Particular Average, Salvage
Salvage

The voluntary recovery of a ship or cargo from danger at sea, and the reward payable to salvors for saving maritime property.

Related: General Average, Subrogation, Abandonment
Sue and Labour Clause

A clause obliging or permitting the assured to take reasonable steps to avert or minimize a loss, with the insurer reimbursing those costs.

Related: Duty to Mitigate, Particular Average, General Average
Duty to Mitigate

The assured's obligation to act reasonably to prevent or reduce a loss after an event, preserving the right to claim related costs.

Related: Sue and Labour Clause, Indemnity Principle, Particular Average
Valued Policy

A policy that fixes an agreed value on the subject matter at inception, which is treated as conclusive in measuring a total loss.

Related: Unvalued Policy, Insurable Interest, Indemnity Principle
Unvalued Policy

A policy that does not state an agreed value, leaving the insurable value to be proved by the assured when a loss occurs.

Related: Valued Policy, Indemnity Principle, Insurable Value
Insurable Value

The actual value of the insured subject matter at the commencement of risk, used to measure indemnity under an unvalued policy.

Related: Unvalued Policy, Valued Policy, Indemnity Principle
Assignment of Policy

The transfer of a marine policy to another party, which may occur before or after loss, subject to the terms and applicable law.

Related: Insurable Interest, Utmost Good Faith, Subject Matter Insured
Subject Matter Insured

The specific property or interest covered by the policy, such as a hull, cargo, freight, or liability.

Related: Insurable Interest, Cargo Insurance, Hull and Machinery Policy
Hull and Machinery Policy

A policy insuring the physical vessel, its engines, and equipment against specified marine and related perils.

Related: Cargo Insurance, Subject Matter Insured, Protection and Indemnity
Cargo Insurance

Cover protecting goods in transit against loss or damage from maritime and related perils from origin to destination.

Related: Institute Cargo Clauses, Subject Matter Insured, Hull and Machinery Policy
Institute Cargo Clauses

Standard policy wordings, such as A, B, and C sets, defining the scope of cover, exclusions, and duration for insured cargo.

Related: Cargo Insurance, All Risks Cover, Warehouse to Warehouse Clause
All Risks Cover

The broadest cargo cover, protecting against all accidental loss or damage except expressly excluded perils and inherent vice.

Related: Institute Cargo Clauses, Inherent Vice, Particular Average
Inherent Vice

An internal quality of the goods that causes them to deteriorate or damage themselves, typically excluded from cargo cover.

Related: All Risks Cover, Institute Cargo Clauses, Cargo Insurance
Warehouse to Warehouse Clause

A provision extending cargo cover from the time goods leave the consignor's warehouse until they reach the consignee's warehouse.

Related: Institute Cargo Clauses, Cargo Insurance, Transit Clause
Protection and Indemnity

Mutual or commercial cover for shipowner liabilities, including third-party injury, cargo claims, pollution, and wreck removal.

Related: Hull and Machinery Policy, General Average, Collision Liability
Collision Liability

Liability for damage caused by an insured vessel to another vessel, often covered under a running-down clause in hull policies and P&I cover.

Related: Protection and Indemnity, Hull and Machinery Policy, Subrogation
Average Adjuster

An independent professional who apportions general average contributions and settles claims involving average and partial losses.

Related: General Average, Particular Average, York-Antwerp Rules
Warranty

A policy term that must be exactly complied with; breach may discharge the insurer from liability from the date of breach.

Related: Seaworthiness, Due Diligence, Utmost Good Faith
Avoidance of Policy

The insurer's remedy of treating the contract as never having existed, typically after non-disclosure or misrepresentation.

Related: Non-Disclosure, Misrepresentation, Utmost Good Faith