【法规名称】
【法规编号】 61520 什么是编号？
【正 文】
第6页 CAP 329 MARINE INSURANCE ORDINANCE
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[接上页] (b) where the course of the voyage is not specifically designated by the policy, but the usual and customary course is departed from.(3) The intention to deviate is immaterial; there must be a deviation in fact to discharge the insurer from his liability under the contract. [cf. 1906 c. 41 s. 46 U.K.] Cap 329 s 47 Several ports of discharge (1) Where several ports of discharge are specified by the policy, the ship may proceed to all or any of them, but, in the absence of any usage or sufficient cause to the contrary, she must proceed to them, or such of them as she goes to, in the order designated by the policy. If she does not there is a deviation. (2) Where the policy is to "ports of discharge", within a given area, which are not named, the ship must, in the absence of any usage or sufficient cause to the contrary, proceed to them, or such of them as she goes to, in their geographical order. If she does not there is a deviation. [cf. 1906 c. 41 s. 47 U.K.] Cap 329 s 48 Delay in voyage In the case of a voyage policy, the adventure insured must be prosecuted throughout its course with reasonable dispatch, and if without lawful excuse it is not so prosecuted, the insurer is discharged from liability as from the time when the delay became unreasonable. [cf. 1906 c. 41 s. 48 U.K.] Cap 329 s 49 Excuses for deviation or delay (1) Deviation or delay in prosecuting the voyage contemplated by the policy is excused- (a) where authorized by any special term in the policy; or (b) where caused by circumstances beyond the control of the master and his employer; or (c) where reasonably necessary in order to comply with an express or implied warranty; or (d) where reasonably necessary for the safety of the ship or subject-matter insured; or (e) for the purpose of saving human life, or aiding a ship in distress where human life may be in danger; or (f) where reasonably necessary for the purpose of obtaining medical or surgical aid for any person on board the ship; or (g) where caused by the barratrous conduct of the master or crew, if barratry be one of the perils insured against.(2) When the cause excusing the deviation or delay ceases to operate, the ship must resume her course, and prosecute her voyage, with reasonable dispatch. [cf. 1906 c. 41 s. 49 U.K.] Cap 329 s 50 When and how policy is assignable ASSIGNMENT OF POLICY (1) A marine policy is assignable unless it contains terms expressly prohibiting assignment. It may be assigned either before or after loss. (2) Where a marine policy has been assigned so as to pass the beneficial interest in such policy, the assignee of the policy is entitled to sue thereon in his own name; and the defendant is entitled to make any defence arising out of the contract which he would have been entitled to make if the action had been brought in the name of the person by or on behalf of whom the policy was effected. (3) A marine policy may be assigned by endorsement thereon or in other customary manner. [cf. 1906 c. 41 s. 50 U.K.] Cap 329 s 51 Assured who has no interest cannot assign Where the assured has parted with or lost his interest in the subject-matter insured, and has not, before or at the time of so doing, expressly or impliedly agreed to assign the policy, any subsequent assignment of the policy is inoperative: Provided that nothing in this section affects the assignment of a policy after loss. [cf. 1906 c. 41 s. 51 U.K.] Cap 329 s 52 When premium payable THE PREMIUM Unless otherwise agreed, the duty of the assured or his agent to pay the premium, and the duty of the insurer to issue the policy to the assured or his agent, are concurrent conditions, and the insurer is not bound to issue the policy until payment or tender of the premium. [cf. 1906 c. 41 s. 52 U.K.] Cap 329 s 53 Policy effected through broker (1) Unless otherwise agreed, where a marine policy is effected on behalf of the assured by a broker, the broker is directly responsible to the insurer for the premium, and the insurer is directly responsible to the assured for the amount which may be payable in respect of losses, or in respect of returnable premium. (2) Unless otherwise agreed, the broker has, as against the assured, a lien upon the policy for the amount of the premium and his charges in respect of effecting the policy; and, where he has dealt with the person who employs him as a principal, he has also a lien on the policy in respect of any balance on any insurance account which may be due to him from such person, unless when the debt was incurred he had reason to believe that such person was only an agent. [cf. 1906 c. 41 s. 53 U.K.] Cap 329 s 54 Effect of receipt on policy Where a marine policy effected on behalf of the assured by a broker acknowledges the receipt of the premium, such acknowledgment is, in the absence of fraud, conclusive as between the insurer and the assured, but not as between the insurer and broker. [cf. 1906 c. 41 s. 54 U.K.] Cap 329 s 55 Included and excluded losses |
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