【法规名称】
【法规编号】 61520 什么是编号？
【正 文】
第4页 CAP 329 MARINE INSURANCE ORDINANCE
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[接上页] [cf. 1906 c. 41 s. 28 U.K.] Cap 329 s 29 Floating policy by ship or ships (1) A floating policy is a policy which describes the insurance in general terms, and leaves the name of the ship or ships and other particulars to be defined by subsequent declaration. (2) The subsequent declaration or declarations may be made by endorsement on the policy, or in other customary manner. (3) Unless the policy otherwise provides, the declarations must be made in the order of dispatch or shipment. They must, in the case of goods, comprise all consignments within the terms of the policy, and the value of the goods or other property must be honestly stated, but an omission or erroneous declaration may be rectified even after loss or arrival, provided the omission or declaration was made in good faith. (4) Unless the policy otherwise provides, where a declaration of value is not made until after notice of loss or arrival, the policy must be treated as an unvalued policy as regards the subject- matter of that declaration. [cf. 1906 c. 41 s. 29 U.K.] Cap 329 s 30 Construction of terms in policy (1) A policy may be in the form in the Schedule. (2) Subject to the provisions of this Ordinance, and unless the context of the policy otherwise requires, the terms and expressions mentioned in the Schedule shall be construed as having the scope and meaning in that schedule assigned to them. [cf. 1906 c. 41 s. 30 U.K.] Cap 329 s 31 Premium to be arranged (1) Where an insurance is effected at a premium to be arranged, and no arrangement is made, a reasonable premium is payable. (2) Where an insurance is effected on the terms that an additional premium is to be arranged in a given event, and that event happens but no arrangement is made, then a reasonable additional premium is payable. [cf. 1906 c. 41 s. 31 U.K.] Cap 329 s 32 Double insurance DOUBLE INSURANCE (1) Where two or more policies are effected by or on behalf of the assured on the same adventure and interest or any part thereof, and the sums insured exceed the indemnity allowed by this Ordinance, the assured is said to be over-insured by double insurance. (2) Where the assured is over-insured by double insurance- (a) the assured, unless the policy otherwise provides, may claim payment from the insurers in such order as he may think fit, provided that he is not entitled to receive any sum in excess of the indemnity allowed by this Ordinance; (b) where the policy under which the assured claims is a valued policy, the assured must give credit as against the valuation for any sum received by him under any other policy without regard to the actual value of the subject-matter insured; (c) where the policy under which the assured claims is an unvalued policy he must give credit, as against the full insurable value, for any sum received by him under any other policy; (d) where the assured receives any sum in excess of the indemnity allowed by this Ordinance, he is deemed to hold such sum in trust for the insurers, according to their right of contribution among themselves. [cf. 1906 c. 41 s. 32 U.K.] Cap 329 s 33 Nature of warranty WARRANTIES, ETC. (1) A warranty, in the following sections relating to warranties, means a promissory warranty, that is to say, a warranty by which the assured undertakes that some particular thing shall or shall not he done, or that some condition shall be fulfilled, or whereby he affirms or negatives the existence of a particular state of facts. (2) A warranty may be express or implied. (3) A warranty, as above defined, is a condition which must be exactly complied with, whether it be material to the risk or not. If it be not so complied with, then, subject to any express provision in the policy, the insurer is discharged from liability as from the date of the breach of warranty, but without prejudice to any liability incurred by him before that date. [cf. 1906 c. 41 s. 33 U.K.] Cap 329 s 34 When breach of warranty excused (1) Non-compliance with a warranty is excused when, by reason of a change of circumstances, the warranty ceases to be applicable to the circumstances of the contract, or when compliance with the warranty is rendered unlawful by any subsequent law. (2) Where a warranty is broken, the assured cannot avail himself of the defence that the breach has been remedied, and the warranty complied with, before loss. (3) A breach of warranty may be waived by the insurer. [cf. 1906 c. 41 s. 34 U.K.] Cap 329 s 35 Express warranties (1) An express warranty may be in any form of words from which the intention to warrant is to be inferred. (2) An express warranty must be included in, or written upon, the policy, or must be contained in some document incorporated by reference into the policy. (3) An express warranty does not exclude an implied warranty, unless it be inconsistent therewith. [cf. 1906 c. 41 s. 35 U.K.] Cap 329 s 36 Warranty of neutrality (1) Where insurable property, whether ship or goods, is expressly warranted neutral, there is an implied condition that the property shall have a neutral character at the commencement of the risk, and that, so far as the assured can control the matter, its neutral character shall be preserved during the risk. |
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