SINHA, J :
Leave granted.
Interpretation of a policy of marine insurance entered into by and
between the parties herein covering goods in transit ... insurance has actually taken
place is essentially a question of fact. An insurance policy is to be construed
in its entirety. A marine insurance policy
fire insurance business" means the business of effecting, otherwise than incidentally to some other class of insurance business, contracts of insurance against loss ... included among the risks insured against in fire insurance policies; (6B) "general insurance business" means fire, marine or miscellaneous insurance business, whether carried on singly
name where the marine policy has been transferred by
assignment under section 52 of the Marine Insurance Act
1963. That is not the present case ... policies
of marine insurance is based upon the fundamental principle
that the contract of insurance contained in a marine policy
is a contract of indemnity
Section 79 in The Marine Insurance Act, 1963
79. Right of subrogation .-(1) Where the insurer pays for a total loss, either of the whole
agreed,
against marine losses, that is to say losses incident to marine adventure. The
instrument in which the contract of marine insurance is generally embodied ... policies which extend
cover only against marine losses or maritime perils (as enumerated) and
marine `extra' insurance policies which extend cover against all risks
contract for the sale of the vessel; (s) insurance premium (including mutual insurance calls) in respect of the vessel, payable by or on behalf ... section (2) of section 66 respectively of the Marine Insurance Act, 1963. (2) While exercising jurisdiction under sub-section (1), the High Court may settle
Section 10 in The Insurance Act, 1938
10. Separation of accounts and funds
(1) Where the insurer carries on business ... more than one of the following classes, namely, life insurance, fire insurance, marine insurance or miscellaneous insurance, he shall keep a separate account
marine losses, that is to
say, losses incidental to a marine adventure. Section 4 of
the Act provides that a contract of marine insurance ... permits every lawful "marine adventure" to be the
subject matter of a contract of marine insurance. The
expression "marine adventure
marine the understanding is that the contract is uberrima fides and though there may be certain circumstances from the peculiar nature of marine insurance which ... insurance.
(30) Prestong and Colinvaud's Law of Insurance (founded on Porter's Law of Insurance), 1950, Edition, (Sweet and Maxwell), statues
South British Fire And Marine Insurance ... vs Brojo Nath Shaha on 15 January, 1909
Equivalent citations: (1909)ILR 36CAL516
JUDGMENT
Francis W. Maclean ... term "warranty" as used in Policies of Marine Insurance is used to denote two different kinds of conditions-first, it is used
