第1条：海上保险的定义（Marine insurance defined）
A contract of marine insurance is a contract whereby the insurer undertakes to indemnify the assured, in manner and to the extent thereby agreed, against marine losses, that is to say, the losses incident to marine adventure.
第2条 海陆混合风险 （Mixed sea and land risks）
2.(1) A contract of marine insurance may, by its express terms, or by a usage of trade, be extended so as to protect the assured against losses on inland water or on any land risk which may be incidental to any sea voyage.
(2) Where a ship in course of building, or the launch of a ship, or any adventure analogous to a marine adventure, is covered by a policy in the form of a marine policy, the provisions of this Act, in so far as applicable, shall apply thereto；but, except by this section provided, nothing in this Act shall alter or affect any rule of law applicable to any contract of insurance other than a contract of marine insurance as by this Act defined.
第3条 海上冒险与海上危险的定义（Marine adventure and maritime perils defined ）
3.(1) Subject to the provisions of this Act, every lawful marine adventure may be the subject of a contract of marine insurance.
(2) In particular there is a marine adventure where-
(a) Any ship, goods or other movables are exposed to maritime perils. Such property is in the Act referred to as “insurable property.”
(b) The earning or acquisition of any freight, passage money, commission, profit or other pecuniary benefit, or the security for any advances, loans or disbursements, is endangered by the exposure of insurance property to maritime perils.
(c) Any liability to a third party may be incurred by the owner of, or other person interested in or responsible for, insurable property, by reason of maritime perils.
第4条 赌博合同无效（Avoidance of wagering or gaming contracts）
4.(1) Every contract of marine insurance by way of gaming or wagering is void.
(2) A contract of marine insurance is deemed to be a gaming or wagering contract-
(a) Where the assured has not an insurable interest as defined by this Act and the contract is entered into with no expectation of acquiring such an interest; or
(b) Where the policy is made “interest or no interest” or “without further proof of interest than the policy itself”, or “without benefit of salvage to the insurer”, or subject to any other like term.
Provided that, where there is no possibility of salvage, a policy may be effected without benefit of salvage to the insurer.
(b) 保险单是按“无论有无保险利益”， 或“除保险单本身外，再无具有保险利益的证明”，或“保险人无救助利益”等条件，或按其他类似条件订定的。
第5条 保险利益的定义（Insurable interest defined）
5.（1）Subject to the provisions of this Act, every person has an insurable interest who is interested in a marine adventure.
（2） In particular, a person is interested in a marine adventure where he stands in any legal or equitable relation to the adventure or to any insurable property at risk therein, in consequence of which he may benefit by the safety or due arrival of insurable property, or may be prejudiced by its loss, or by damage thereto, or by the detention thereof, or may incur liability in respect thereof.
第6条 何时应具有利益（When interest must attach）
6.（1）The assured must be interested in the subject-matter insured at the time of loss though he need not be interested when the insurance is effected.
（2）Where the assured has no interest at the time of the loss, he cannot acquire interest by any act or election after he is aware of the loss.
第7条 可撤销的利益或偶然的利益（Defeasible or contingent interest）
7.(1) A defeasible interest is insurable, as also is a contingent interest.
(2) In particular, where the buyer of goods has insured them, he has an insurable interest, notwithstanding that he might, at his election,
第8条 部分利益（Partial interest）
8. A partial interest of any nature is insurable.
9(1) The insurer under a contract of marine insurance has an insurable interest in his risk, and may re-insure in respect of it.
(2) Unless the policy otherwise provides, the original assured has no right or interest in respect of such re-insurance.
10. The lender of money on bottomry or respeondentia has an insurable interest in respect of the loan.
第11条 船长和船员的工资（Master’s and seamen’s wages）
11. The master or any member of the crew of a ship has an insurable interest in respect of his wages.
第12条 预付运费（Advance freight）
12. In the case of advance freight, the person advancing the freight has an insurable interest, in so for as much freight is not repayable in case of loss.
第13条 保险费（Charges of insurance）
13. The assured has an insurable interest in the charges of any insurance which be may effect.
第14条 利益数额（Quantum of interest）
14.(1) Where the subject-matter insured is mortgaged, the mortgagor has an insurable interest in the full value thereof, and the mortgagee has an insurable interest in respect of any sum due or to become due under the
(2) A mortgagee, consignee, or other person having an interest in the subject-matter insured may insure on behalf and for the benefit of other persons interested as well as for his own benefit.
(3) The owner of insurable property has an insurable interest in respect of the full value thereof, notwithstanding that some third person may have agreed, or be liable, to indemnify him in case of loss.
第15条 利益转让（Assignment of interest）
15．Where the assured assigns or otherwise parts with his interest in the subject-matter insured, he does not thereby transfer to the assignee his rights under the contract of insurance, unless there be an express or implied agreement with the assignee to that effect.
But the provisions of this section do not affect a transmission of interest by operation of law.
第16条 保险价值的确定（Measure of insurable value）
16. Subject to any express provision or valuation in the policy, the insurable value of the subject-matter insured must be ascertained as follows:-
(1) In insurance on ship, the insurable value is the value at the commencement of the risk, of the ship, including her outfit, provisions and stores for the officers and crew, money advanced for seamen’s wages, and other disbursements (if any) incurred to make the ship fit for the voyage or adventure contemplated by the policy, plus the charges of insurance upon the
The insurable value, in the case of a steamship, includes also the machinery, boilers, and coals and engine stores if owned by the assured, and, in the case of a ship engaged in a special trade, the ordinary fittings requisite for that trade:
(2) In insurance on freight, whether paid in advance or otherwise, the insurable value is the gross amount of the freight at the risk of the assured, plus the charges of insurance:
(3) In insurance on goods or merchandise, the insurable value is the prime cost of the property insured, plus the expenses of and incidental to shipping and the charges of insurance upon the whole:
(4) In insurance on any other subject-matter, the insurable value is the amount at the risk of the assured when the policy attaches, plus the charges of insurance.
告知和陈述（Disclosure and Representation）
第17条 保险是最大诚信（Insurance is uberrimae fidei）
17．A contract of marine insurance is a contract based upon the utmost good faith and, if the utmost good faith be not observed by either party, the contract may be avoided by the other party.
第18条 被保险人的告知（Disclosure by assured）
18.(1) Subject to the provisions of this section, the assured must disclose to the insurer, before the contract is concluded, every material circumstance which is known to the assured, and the assured is deemed to know every circumstance which, in the ordinary course of business, ought to be known by him. If the assured fails to make such disclosure, the insurer may avoid the contract.
(2) Every circumstance is material, which would influence the judgment of a prudent insurer in fixing the premium, or determining whether he will take the risk.
(3) In the absence of inquiry the following circumstances need not be disclosed, namely:-
(a) Any circumstance which diminishes the risks;
(b) Any circumstance which is known or presumed to be known to the insurer. The insurer is presumed to know matters of common notoriety or knowledge, and matters which an insurer in the ordinary course of his business, as such, ought to know;
(c) Any circumstance as to which information is waived by the insurer;
(d) Any circumstance which it is superfluous to disclose by reason of any express or implied warranty.
(4) Whether any particular circumstance, which is not disclosed, be material or not is, in each case, a question of fact.
(5) The term “circumstance” includes any communication made to, or information received by, the assured.
第19条 投保代理人的告知（Disclosure by agent effecting insurance）
19．Subject to the provisions of the preceding section as to circumstances which need not be disclosed where an insurance is effected for the assured by an agent, the agent must disclose to the insurer-
(a) Every material circumstance which is known to himself, and an agent to insure is deemed to know every circumstance which in the ordinary course of business ought to be known by, or to have been communicated to, him; and
(b) Every material circumstance which the assured is bound to disclose, unless it came to his knowledge too late to communicate it to the agent.
第20条 协商合同时的陈述（Representations pending negotiation of contract）
20.①Every material representation made by the assured or his agent to the insurer during the negotiations for the contract and before the contract is concluded, must be true. If it be untrue the insurer may avoid the contract.
②A representation is material which would influence the judgment of a prudent insurer in fixing the premium, or determining whether he will take the risk.
③A representation may be either a representation as to a matter of fact, or as to a matter of expectation or belief.
④A representation as to a matter of fact is true, if it be substantially correct, that is to say, if the difference between what is represented and what is actually correct would not be considered material by a prudent insurer.
⑤A representation as to a matter of expectation or belief is true if it be made in good faith.
⑥A representation may be withdrawn or corrected before the contract is concluded.
⑦Whether a particular representation be material or not is, in each case, a question of fact.
第21条 何时合同视为成立（When contract is deemed to be concluded）
21．A contract of marine insurance is deemed to be concluded when the proposal of the assured is accepted by the insurer, whether the policy be then issued or not and, for the purpose of showing when the proposal was accepted, reference may be made to the slip or covering note or other customary memorandum of the contract.
第22条 合同必须包含在保险单内（Contract must be embodied in policy）
22. Subject to the provisions of any statute, a contract of marine insurance is inadmissible in evidence unless it is embodied in a marine policy in accordance with this Act. The policy may be executed and issued either at the time when the contract is concluded, or afterwards.
第23条 保险单必须载明的事项（What policy must specify）
23. A marine policy must specify-
(1) The name of the assured, or of some person who effects the insurance on his behalf;
(2) The subject-matter insured and the risk insured against;
(3) The voyage, or period of time, or both, as the case may be, covered by the insurance;
(4) The sum or sums insured;
(5) The name or names of the insurance.
第24条 保险人签署（Signature of insurer）
24.(1) A marine policy must be signed by or on behalf of the insurer, provided that in the case of a corporation the corporate seal may be sufficient, but nothing in this section shall be construed as requiring the subscription of a corporation to be under seal.
(2) Where a policy is subscribed by or on behalf of two or more insurers, each subscription, unless the contrary by expressed, constitutes a distinct contract with the assured.
第25条 航次保险单和定期保险单（Voyage and time policies）
25.(1) Where the contract is to insure the subject-matter at and from, or from one place to another or others, the policy is called a “voyage policy” and where the contract is to insure the subject-matter for a definite period of time the policy is called a “time policy”. A contract for both voyage and time may be included in the same policy.
((2) Subject to the provisions of section eleven of the Finance Act, 1901, a time policy which is made for any time exceeding twelve months is invalid.)
第26条 指定标的（Designation of subject-matter）
26(1).The subject-matter insured must be designated in a marine policy with reasonable certainty.
(2) The nature and extent of the interest of the assured in the subject-matter insured need not be specified in the policy.
(3) Where the policy designates the subject-matter insured in general terms ,it shall be construed to apply to the interest intended by the assured to be covered.
(4) In the application of this section regard shall be had to any usage regulating the designation of the subject-matter insured.
第27条 定值保险单（Valued policy）
27.(1) A policy may be either valued or unvalued
(2) A valued policy is a policy, which specifies the agreed value of the subject-matter insured.
(3) Subject to the provisions of this Act, and the absence of fraud, the value fixed by the policy is, as between the insurer and assured, conclusive of the insurable value of the subject intended to be insured, whether the loss be total or partial.
(4) Unless the policy otherwise provides, the value fixed by the policy is not conclusive for the purpose of determining whether there has been a constructive total loss.
第28条 不定值保险单（Unvalued policy）
28. An unvalued policy is a policy which does not specify the value of the subject-matter insured, but, subject to the limit of the sum insured, leaves the insurable value to be subsequently ascertained, in the manner herein before specified.
第29条 船舶预约保险单（Floating policy by ship or ships）
29.(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 to matter of that declaration.
第30条 保险单术语的解释（Construction of terms in policy）
30.(1) A policy may be in the form in the First Schedule to this Act.
(2) Subject to the provisions of this Act, and unless the context of the policy otherwise requites, the terms and expressions mentioned in the First Schedule to this Act shall be construed as having the scope and meaning in that Schedule assigned to them.
第31条 待安排的保险费（Premium to be arranged）
31.(1) Where an insurance is effected at a premium to be arranged, and no arrangements 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.
第32条 重复保险（Double insurance）
32.(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 Act, 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 Act;
(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 Act, he is deemed to hold such sum in trust for the insurers according to their right of contribution among themselves.
第33条 保证的性质（Nature of warranty）
33.(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 be 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.
第34条 何时可免除违反保证（When breach of warranty excused）
34.（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.
第35条 明示保证（Express warranties）
35.(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.
第36条 中立保证（Warranty of neutrality）
36.(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.
(2) Where a ship is expressly warranted “neutral” there is also an implied condition that, so far as the assured can control the matter, she shall be properly documented, that is to say, that she shall carry the necessary papers to establish her neutrality, and that she shall not falsify or suppress her papers, or use simulated papers. If any loss occurs through breach of this condition, the insurer may avoid the contract.
第37条 无默示船籍保证（No implied warranty of nationality）
37．There is no implied warranty as to the nationality of a shipper that her nationality shall not be changed during the risk.
第38条 完好安全保证（Warranty of good safety）
38. Where the subject-matter insured is warranted “well” or “in good safety” on a particular day, it is sufficient if it be safe at any time during that day.
第39条 船舶适航保证（Warranty of seaworthiness of ship）
39.(1) In a voyage policy there is an implied warranty that at the commencement of the voyage the ship shall be seaworthy for the purpose of the particular adventure insured.
(2) Where the policy attaches while the ship is in port, there is also an implied warranty that she shall, at the commencement of the risk, be reasonably fit to encounter the ordinary perils of the port.
(3) Where the policy relates to a voyage which is performed in different stages, during which the ship requires different kinds of or further preparation or equipment, there is an implied warranty that at the commencement of each stage the ship is seaworthy in respect of such preparation or equipment for the , purposes of that stage.
(4) A ship is deemed to be seaworthy when she is reasonably fit in all respects to encounter the ordinary perils of the seas of the adventure insured.
(5) In a time policy there is no implied warranty that the ship shall be seaworthy at any stage of the adventure, but where, with the private of the assured, the ship is sent to sea in an unseaworthy state, the insurer is not liable for any loss attributable to unseaworthiness.”
第40条 无货物适航的默示保证（No implied warranty that goods are seaworthy）
（1）In a policy on goods or other movables there is no implied warranty that the goods or movables are seaworthy.
(2) In a voyage policy on goods or other movables there is an implied warranty that at the commencement of the voyage the ship is not only seaworthy as a ship, but also that she is reasonably fit to carry the goods or other movables to the destination contemplated by the policy.”
第41条 合法保证（Warranty of legality）
There is an implied warranty that the adventure insured is a lawful one, and that, so far as the assured can control the matter, the adventure shall be carried out in a lawful manner.
第42条 关于风险开始的默示条件（Implied condition as to commencement of risk）
42.(1) Where the subject-matter is insured by a voyage policy ‘at and from’ or ‘from’ a particular place, it is not necessary that the ship should be at that place when the contract is concluded, but there is an implied condition that the adventure shall be commenced within a reasonable time, and that if the adventure be not so commenced the insurer may avoid the contract.
(2) The implied condition any be negative by showing that the delay was caused by circumstances known to the insurer before the contract was concluded, or by showing that he waived the condition.
第43条 启航港的变更（Alteration of port of departure）
43. Where the place of departure is specified by the policy, and the
ship instead of sailing from that place sails from any other place, the risk
does not attach.
第44条 驶往不同的目的港（Sailing for different destination）
44. Where the place destination is specified in the policy, and the ship, instead of sailing for that destination, sails for any other destination, the risk does not attach.
第45条 改变航程（Change of voyage）
45.(1) Where, after the commencement of the risk, the destination of the ship is voluntarily changed from the destination contemplated by the policy there is said to be a change of voyage.
(2) Unless the policy otherwise provides, where there is a change of voyage, the insurer is discharged from liability as from the time of change , that is to say, as from the time when the determination to change it is manifested; and it is immaterial that the ship may not in fact have left the course of voyage contemplated by the policy when the loss occurs.
46.(1) Where a ship, without lawful excuse, deviates from the voyage contemplated by the policy, the insurer is discharged from liability as from the time of deviation, and it is immaterial that the ship may have regained her route before any loss occurs.
(2) There is a deviation from the voyage contemplated by the policy –
Where the course of the voyage is specifically designated by the policy, and that course is departed from; or
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.
第47条 数个卸货港（Several ports of discharge）
47.-(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 of 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.
第48条 航程延迟（Delay in voyage）
48. 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.
第49条 获准绕航或延迟（Excuses for deviation or delay）
49.(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.”
保险单的转让（Assignment of Policy）
第50条 何时及如何转让保险单（When and how policy is assignable）
“50.-(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.
第51条 无保险利益者不能转让保险单（Assured who has no interest cannot assign）
51. 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.
第52条 何时缴付保险费（When premium payable）
52．Unless otherwise agreed, the duty of the assured or his agent to pay the premium, and the duty of the insured 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.
第53条 通过经纪人订立的保险单（Policy effected through broker ）
53．（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.
第54条 收据对保险单的效果（Effect of receipt on policy）
54．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.
灭失及委付（Loss and Abandonment）
第55条 保险和除外灭失（Included and excluded losses）
55.(1) Included and excluded losses Subject to the provisions of this Act, and unless the policy otherwise provides, the insurer is liable for any loss proximately caused by a peril insured against, but, subject as aforesaid, he is not liable for any loss which is not proximately caused by a peril insured against.
(2) In particular-
(a) The insurer is not liable for any loss attributable to the willful misconduct of the assured, but, unless the policy otherwise provides, he is liable for any loss proximately caused by a peril insured against, even though the loss would not have happened but for the misconduct or negligence of the master or crew;
(b) Unless the policy otherwise provides , the insurer on ship or goods is not liable for any loss proximately caused by delay, although the delay be caused by a peril insured against;
(c) Unless the policy otherwise provides, the insurer is not liable for ordinary wear and tear, ordinary leakage and breakage, inherent vice or nature of the subject-matter insured, or for any loss proximately caused by rats or vermin, or for any injury to machinery not proximately caused by maritime perils.
第56条 部分损失和全损（Partial and total loss）
56.(1) a loss may be either total or partial. Any loss other than total loss, as hereinafter defined, is a partial loss.
(2) A total loss may be either an actual total loss, or a constructive total loss.
(3) Unless a different intention appears from the terms of the policy, an insurance against total loss includes a constructive, as well as an actual, total loss.
(4) Where the assured brings an action for a total loss and the evidence proves only a partial loss, he may, unless the policy otherwise provides, recover for a partial loss.
(5) Where goods reach their destination in specie, but by reason of obliteration of marks, or otherwise, they are incapable of identification, the loss, if any, is partial, and not total.”
第57条 实际全损（Actual total loss）
57.(1) Where the subject-matter is destroyed, or so damaged as to cease to be a thing of the kind insured, or where the assured is irretrievably deprived thereof, there is an actual total loss.
(2) In the case of an actual total loss no notice of abandonment need be given.
第58条 船舶失踪（Missing ship）
58．Missing ship-Where the ship concerned in the adventure is missing, and after the lapse of a reasonable time no news of her has been received, an actual total loss may be presumed.
第59条 转运的效果（Effect of transshipment, etc.）
59 .Where, by a peril insured against, the voyage is interrupted at an intermediate port or place, under such circumstances as, apart from any special stipulation in the contract of affreightment, to justify the master in landing and re-shipping the goods or other movables, or in transshipping them, and sending them on to their destination, the liability of the insurer
continues notwithstanding the landing or transshipment.
第60条 推定全损的定义（Constructive total loss defined）
60.(1)Subject to any express provision in the policy, there is a constructive total loss where the subject-matter insured is reasonably abandoned on account of its actual total loss appearing to be unavoidable, or because it could not be preserved from actual total loss without an expenditure which would exceed its value when the expenditure had been incurred.
(2)In particular, there is a constructive total loss-
(i) Where the assured is deprived of the possession of his ship or goods by a peril insured against, and (a) it is unlikely that he can recover the ship or goods, as the case may be, or (b) the cost of recovering the ship or goods, as the case may be, would exceed their value when recovered; or
(ii) In the case of damage to a ship, where she is so damaged by a peril insured against, that the cost of repairing the damage would exceed the value of the ship when repaired.
In estimating the cost of repairs, no deduction is to be made in respect of general average contributions to those repairs payable by other interests, but account is to be taken of the expense of future salvage operations and of any future general average contributions to which the ship would be liable if repaired; or
(iii) In the case of damage to goods, where the cost of repairing the damage and forwarding the goods to their destination would exceed their value on arrival.
(i) 因承保危险使被保险人丧失对其船、货的占有，并且(a) 按照情况，被保险人不大可能收回船舶和货物，或者(b) 依据情况，收回船、货的费用将超过其收回后的价值；或
第61条 推定全损的效果（Effect of constructive total loss）
61. Where there is a constructive total loss the assured may either treat the loss as a partial loss, or abandon the subject-matter insured to the insurer and treat the loss as if it were an actual total loss
第62条 委付通知（Notice of abandonment）
“62(1) Subject to the provisions of this section, where the assured elects to abandon the subject-matter insured to the insurer, he must give
notice of abandonment. If he fails to do so the loss can only be treated as
a partial loss”
(2) Notice of abandonment may be given in writing, or by word of mouth,
or partly by word of mouth, and may be given in any terms, which indicate
the intention of the assured to abandon his insured interest in the
subject-matter insured unconditionally to the insurer.
(3) Notice of abandonment must be given with reasonable diligence after
the receipt of reliable information of the loss, but where the information
is of a doubtful character the assured is entitled to a reasonable time to
(4) Where notice of abandonment is properly given, the rights of the
assured are not prejudiced by the fact that the insurer refuses to accept
(5) The acceptance of abandonment may be either express or implied from
the conduct of the insurer, The mere silence of the insurer after notice is
not an acceptance.
(6) Where notice of abandonment is accepted the abandonment is
irrevocable. The acceptance of the notice conclusively admits liability for
the loss and the sufficiency of the notice.
(7) Notice of abandonment is unnecessary where, at the time when the
assured received information of the loss, there would be no possibility of
benefit to the insurer if notice were given to him.
(8) Notice of abandonment may be waived by the insurer.
(9) Where an insurer has re-insured his risk, no notice of abandonment
need be given by him.”
第63条 委付的效果（Effect of abandonment）
63.(1) Where there is a valid abandonment the insurer is entitled to
take over the interest of the assured in whatever may remain of the
subject-matter insured, and all proprietary rights incidental thereto.
(2) Upon the abandonment of a ship, the insurer thereof is entitled to
any freight in course of being earned, and which is earned by her subsequent
to the casualty causing the loss, less the expenses of earning it incurred
after the casualty; and, where the ship is carrying the owner’s goods, the
insurer is entitled to a reasonable remuneration for the carriage of them
subsequent to the casualty causing the loss.”
第64条 单独海损（Particular average loss）
64.(1) A particular average loss is a partial loss of the subject-matter
insured, caused by a peril insured against, and which is not a general
(2) Expenses incurred by or on behalf of the assured for the safety or
preservation of the subject-matter insured, other than general average and
salvage charges, are called particular charges,
Particular charges are not included in particular average.
第65条 救助费用（Salvage charges）
65.(1) Subject to any express provision in the policy, salvage charges
incurred in preventing a loss by perils insured against may be recovered as
a loss by those perils.
(2) ‘salvage charges’ means the charges recoverable under maritime law
by a salvor independently of contract. They do not include the expenses of
services in the nature of salvage rendered by the assured or his agents, or
any person employed for hire by them, for the purpose of averting a peril
insured against. Such expenses, where properly incurred, may be recovered as
particular charges or as a general average loss, according to the
circumstances under which they were incurred.
第66条 共同海损（General average loss）
66(1) A general average loss is a loss caused by or directly
consequential on a general average act. It includes a general average
expenditure as well as a general average sacrifice.
(2) There is a general average act where any extraordinary sacrifice or
expenditure is voluntarily and reasonably made or incurred in time of peril
for the purpose of preserving the property imperiled in the common
（3）“When there is a general average loss, the party on whom it falls
is entitled, subject to the conditions imposed by maritime law, to a ratable
contribution from the other parties interested, and such contribution is
called a general average contribution.
（4）“Subject to any express provision in the policy, where the assured
has incurred a general average expenditure, he may recover from the insurer
in respect of the proportion of the loss which falls upon him; and, in the
case of a general average sacrifice , he may recover from the insurer in
respect of the whole loss without having enforced his right of contribution
from the other parties liable to contribute.
（5）subject to any express provision in the policy , when the assured
has paid, or is liable to pay, a general average contribution in respect of
the subject insured, he may recover therefor from the insurer.
（6）In the absence of express stipulation, the insurer is not liable
for any general average loss or contribution where the loss was not incurred
for the purpose of avoiding, or in connection with the avoidance of , a
peril insured against.
（7）Where ship, freight and cargo, or any two of those interests, are
owned by the same assured, the liability of the insurer in respect of
general average losses and contributions is to be determined as if those
subjects were owned by different persons.”
赔偿限额（Measure of Indemnity）
第67条 保险人对损失的责任范围（Extent of liability of insurer for loss）
67. (1) The sum which the assured can recover in respect of a loss on a
policy by which he is insured, in the case of an unvalued policy by which he
is insured, in the case of an unvalued policy to the full extent of the
insurable value, or, in the case of a valued policy to the full extent of
the valued fixed by the policy, is called the measure of indemnity.
(2) Where there is a loss recoverable under the policy, the insurer, or
each insurer if there be more than one, is liable for such proportion of the
measure of indemnity as the amount of his subscription bears to the value
fixed by the policy in the case of a valued policy, or to the insurable
value in the case of an unvalued policy.
第68条 全损（Total loss）
68. Subject to the provisions of this Act and to any express provisions
in the policy, where there is a total loss of the subject-matter insured-
(1) If the policy be a valued policy, the measure of indemnity is the
sum fixed by the policy;
(2) If the policy be an unvalued policy, the measure of indemnity is the
insurable value of the subject-matter insured.
第69条 船舶的部分损失（Partial loss of ship）
69. Where a ship is damaged, but is not totally lost, the measure of
indemnity, subject to any express provision in the policy, is as follows:-
（1） Where the ship has been repaired, the assured is entitled to the
reasonable cost of the repairs, less the customary deductions, but not
exceeding the sum insured in respect of any one casualty;
（2） Where the ship has been only partially repaired, the assured is
entitled to the reasonable cost of such repairs, computed as above, and also
to be indemnified for the reasonable depreciation, if any, arising from the
unrepaired damage, provided that the aggregate amount shall not exceed the
cost of repairing the whole damage, computed as above;
（3） Where the ship has not been repaired, and has not been sold in her
damaged state during the risk, the assured is entitled to be indemnified for
the reasonable depreciation arising from the unrepaired damage, but not
exceeding the reasonable cost of repairing such damage, computed as above.
第70条 运费的部分损失（Partial loss of freight）
70．Subject to any express provision in the policy, where there is a
partial loss of freight, the measure of indemnity is such proportion of the
sum fixed by the policy, in the case of a valued policy or of the insurable
value, in the case of an unvalued policy, as the proportion of freight lost
by the assured bears to the whole freight at the risk of the assured under
第71条 货物、商品等的部分损失（Partial loss of goods, merchandise,
71. Where is a partial loss of goods, merchandise, or other moveables,
the measure of indemnity, subject to any express provision in the policy, is
（1）Where part of the goods, merchandise or other moveables insured by
a valued policy is totally lost, the measure of indemnity is such proportion
of the sum fixed by the policy as the insurable value of the part lost bears
to the insurable value of the whole, ascertained as in the case of an
(2) Where part of the goods, merchandise, or other moveables insured by
an unvalued policy is totally lost, the measure of indemnity is the
insurable value of the part lost, ascertained as in case of total loss:
(3) Where the whole or any part of the goods or merchandise insured has
been delivered damaged at its destination, the measure of indemnity is such
proportion of the sum fixed by the policy in the case of the valued policy,
or of the insurable value in the case of an unvalued policy, as the
difference between the gross sound and damaged values at the place of
arrival bears to the gross sound value:
(4)“Gross value” means the wholesale price, or, if there be no such
price, the estimated value, with, in either case, freight, landing charges,
and duty paid beforehand; provided that, in the case of goods or merchandise
customarily sold in bond, the bonded price is deemed to be the gross value.
“Gross Proceeds” means the actual price obtained at a sale where all
charges on sale are paid by the sellers.
第72条 价值的分配（Apportionment of valuation）
(1) Where different species of property are insured under a single
valuation, the valuation must be apportioned over the different species on
proportion to their respective insurable values, as in the case of an
unvalued policy The insured value of any part of a species in such
proportion of the total insured value of the same as the insurable value of
the part bears to the insurable value of the whole, ascertained in both
cases as provided by this Act.
(2) Where a valuation has to be apportioned, and particulars of the
prime cost of each separate species, quality, or description of goods cannot
be ascertained, the division of the valuation may be made the net arrived
sound values of the different species, qualities, or description of goods.
第73条 共同海损分摊和救助费用（General average contributions and salvage
73（1）Subject to any express provision in the policy, where the assured
has paid, or is liable for, any general average contribution, the measure of
indemnity is the full amount of such contribution, if the subject matter
liable to contribution is insured for its full contributory value; but, if
such subject-matter be not insured for its full contributory value, or if
only part of it be insured, the indemnity payable by the insurer must be
reduced in proportion to the under insurance, and where there has been a
particular average loss which constitutes a deduction from the contributory
value, and for which the insurer is liable, that amount must be deducted
from the insured value in order to ascertain what the insurer is liable to
（2）Where the insurer is liable for salvage charges the extent of his
liability must be determined on the like principle.
第74条 对第三方的责任（Liabilities to third parties）
74．Where the assured has effected an insurance in express terms against
any liability to a third party, the measure of indemnify, subject to any
express provision in the policy, is the amount paid or payable by him to
such third party in respect of such liability.
第75条 关于赔偿限额的一般规定（General provisions as to measure of
75（1）Where there has been a loss in respect of any subject-matter not
expressly provided for in the foregoing provisions of the Act, the measure
of indemnity shall be ascertained, as nearly as may be, in accidence with
those provisions, in so far as applicable to the particular case.
（2） Nothing in the provisions of this Act relating to the measure of
indemnity shall affect the rules relating to double insurance, or prohibit
the insurer from disproving interest wholly or in part, or from showing that
at the time of the loss the whole or any part of the subject-matter insured
was not at risk under the policy.
第76条 单独海损保证（Particular average warranties）
76. (1) Where the subject-matter insured is warranted free from
particular average, the assured cannot recover for a loss of part, other
than a loss incurred by a general average sacrifice, unless the contract
contained in the policy be apportionable; but, if the contract be
apportionable, the assured may recover for a total loss of any apportionable
(2) Where the subject-matter insured is warranted free from particular
average, either wholly or under a certain percentage, the insurer is
nevertheless liable for salvage charges, and for particular charges and
other expenses properly incurred pursuant to the provisions of the suing and
labouring clause in order to avert a loss insured against.
(3) Unless the policy otherwise provides, where the subject-matter
insured is warranted free from particular average under a specified
percentage, a general average loss cannot be added to a particular average
loss to make up the specified percentage.
(4) For the purpose of ascertaining whether the specified percentage has
been reached, regard shall be had only to the actual loss suffered by the
subject-matter insured. Particular charges and the expenses of and
incidental to ascertaining and proving the loss must be excluded.
第77条 连续损失（Successive losses）
77.（1）Unless the policy otherwise provides, and subject to the
provisions of this Act, the insurer is liable for successive losses, even
though the total amount of such losses may exceed the sum insured.
（2）Where under the same policy, a partial loss, which has not been
repaired or otherwise made good, is followed by a total loss, the assured
can only recover in respect of the total loss:
Provided that nothing in this section shall affect the liability of the
insurer under the suing and labouring clause.”
第78条 施救条款（Suing and labouring clause）
78.(1）Where the policy contains a suing and labouring clause, the
engagement thereby entered into is deemed to be supplementary to the
contract of insurance, and the assured may recover from the insurer any
expenses properly incurred pursuant to the clause, notwithstanding that the
insurer may have paid for a total loss, or that the subject matter may have
been warranted free from particular average, either wholly or under a
（2）General average losses and contributions and salvage charges, as
defined by this Act, are not recoverable under the suing and labouring
（3）Expenses incurred for the purpose of averting or diminishing any
loss not covered by the policy are not recoverable under the suing and
（4）It is the duty of the assured and his agents, in all cases, to take
such measures as may be reasonable for the purpose of averting or minimizing
理赔后保险人的权利（Rights of Insurer on Payment）
第79条 代位权（Right of subrogation）
79.(1) Where the insurer pays for a total loss, either of the whole, or
in the case of goods of any apportionable part, of the subject-matter
insured, he thereupon becomes entitled to take over the interest of the
assured in whatever may remain of the subject-matter so paid for, and he is
thereby subrogated to all the fights and remedies of the assured in and in
respect of that subject-matter as from the time of the casualty.
(2) subject to the foregoing provisions, where the insurer pays for a
partial loss, he acquires no title to the subject-matter insured, or such
part of it as may remain, but he is thereupon subrogated to all rights and
remedies of the assured in and in respect of the subject-matter insured as
from the time of the casualty causing the loss, in so far as the assured has
been indemnified, according to this Act, by such payment for the loss.
79. (1) 保险人赔付保险标的全损之后，
第80条 分摊的权利（Right of contribution）
80.(1) Where the assured is over-insured by double insurance, such
insurer is bound, as between himself and the other insurers, to contribute
ratably to the loss in proportion to the amount for which he is liable under
(2) If any insurer pays more than his proportion of the loss, he is
entitled to maintain an action for contribution against the other insurers,
and is entitled to the like remedies as a surety who has paid more than his
proportion of the debt.
第81条 不足额保险的后果（Effect of under-insurance）
81.Where the assured is insured for an amount less than the insurable
value or, in the case of a valued policy, for an amount less than the policy
valuation, he is deemed to be his own insurer in respect of the uninsured
保险费的退费（Return of Premium）
第82条 退费（Enforcement of return）
82.Where the premium, or a proportionate part thereof is, by this Act,
declared to be returnable,-
(a) If already paid, it may be recovered by the assured from the
(b) If unpaid, it may be retained by the assured or his agent.
第83条 约定退费（Return by agreement）
83.Where the policy contains a stipulation for the return of the
premium, or a proportionate part thereof, on the happening of a certain
event, and that event happens, the premium, or, as the case may be, the
proportionate part thereof, is thereupon returnable to the assured.
第84条 缺乏对价的退费（Return for failure of consideration）
84.(1) Where the consideration for the payment of the premium totally
fails, and there has been no fraud or illegality on the part of the assure
or his agents, the premium is thereupon returnable to the assured.
(2) Where the consideration for the payment of the premium is
apportionable and there is a total failure of any apportionable part of the
consideration, a proportionate part of the premium is, under the like
conditions, thereupon returnable to the assured.
(a) Where the policy is void, or is avoided by the insurer as from the
commencement of the risk, the premium is returnable, provided that there has
been no fraud or illegality on the part of the assured; but if the risk is
not apportionable, and has once attached, the premium is not returnable.
(b) Where the subject-matter insured, or part thereof, has never been
imperiled, the premium, or, as the case may be, a proportionate part
thereof, is returnable;
Provided that where the subject-matter has been insured “lost or not
lost” and has arrived in safety at the time when the contract is concluded,
the premium is not returnable unless, at such time, the insurer knew of the
(c) Where the assured has no insurable interest throughout the currency
of the risk, the premium is returnable, proviede that this rule does not
apply to a policy effected by way of gaming or wagering;
(d) Where the assured has a defeasible interest which is terminated
during the currency of the risk, the premium is not returnable;
(e) Where the assured has over-insured under an unvalued policy, a
proportionate part of the premium is returnable;
(f) Subject to the foregoing provisions, where the assured has
over-insured by double insurance, a proportionate part of the several
premiums is returnable;
Provided that, if the policy are effected at different times, and any
earlier policy has at any time borne the entire risk, or if a claim has been
paid on the policy in respect of the full sum insured thereby, no premium is
returnable in respect of that policy, and when the double insurance is
effected knowingly by the assured no premium is returnable.
第85条 相互保险情况下本法的修改（Modification of Act in case of mutual
(1) Where two or more persons mutually agree to insure each other
against marine losses there is said to be a mutual insurance.
(2) The provisions of this Act relating to the premium do not apply to
mutual insurance, but a guarantee, or such other arrangement as may be
agreed upon, may be substituted for the premium.
(3) The provisions of this Act, in so far as they may be modified by the
agreement of the parties, may in the case of mutual insurance be modified by
the terms of the polices issued by the association, or by the rules and
regulations of the association.
(4) Subject to the exceptions mentioned in this section, the provision
of this Act apply to a mutual insurance.
85. (1) 两人或两人以上彼此同意互相承保海上损失，称为相互保险。
第86条 被保险人的认可（Ratification by assured）
86.Where a contract of marine insurance is in good faith effected by on
e person on behalf of another, the person on whose behalf it is effected may
rarity the contract even after he is aware of a loss.
第87条 由协议或习惯改变的默示义务（Implied obligations varied by
agreement or usage）
(1) Where any right, duty, or liability would arise under a contract of
marine insurance by implication of law, it may be negatived or varied by
express agreement, or by usage, if the usage by such as to bind both parties
to the contract.
(2) The provisions of this section extend to any right, duty, or
liability declared by this Act which may be lawfully modified by agreement.
第88条 合理的时间等属于事实问题（Reasonable time, etc., a question of
88.Where by this Act any reference is made to reasonable time,
reasonable premium, or reasonable diligence, the question what is reasonable
is a question of fact.
第89条 承保条作为证据（Slip as evidence）
89.Where there is a duly stamped policy, reference may be made, as
heretofore, to the slip or covering note, in any legal proceeding.
第90条 术语解释（Interpretation of terms）
90.In this Act, unless the context or subject-matter otherwise
“Action” includes counterclaim and set-off;
“Freight” includes the profit derivable by a shipowner from the
employment of his ship to carry his own goods or movables, as well as
freight payable by a third party, but does not include passage money;
“Movables” means any movable tangible property, other than the ship,
and includes money, valuable securities, and other documents;
“Policy” means a marine Policy.
第91条 保留 （Savings）
91.(1) Nothing in this Act, or in any repeal effected thereby, shall
(a) The provisions of the Stamp Act, 1891, or any enactment for the time
being in force relation to the revenue;
(b) The provisions of the Companies Act, 1862, or any enactment amending
or substituted for the same;
(c) The provisions of any statute not expressly repealed by this Act.
(2) The rules of the common law including the law merchant, save in so
far as they are inconsistent with the express provisions of this Act, shall
continue to apply to contracts of marine insurance.
92.The enactment mentioned in the Second Schedule of this Act are hereby
repealed to the extent specified in that schedule.
93.This Act shall come into operation on the first day of January one
thousand nine hundred and seven.
第94条 简称（Short title）
94.This Act may be cited as the Marine Insurance Act, 1906.
Rules for Construction of Policy
The following are the rules referred to by this Act for the construction
of a policy in the above or other like form, where the context does not
Lost or not lost
1. Where the subject-matter is insured “lost or not lost”, and the
loss has occurred before the contract is concluded, the risk attaches
unless, at such time the assured was aware of the loss, and the insurer was
2. Where the subject-matter is insured “from” a particular place, the
risk does not attach until the ship starts on the voyage insured.
At and from
3.(a) Where a ship is insured “ at and from” a particular place, and
she is at that place in goods safety when the contract is concluded, the
risk attaches immediately.
(b) If she be not at that place when the contract is concluded the risk
attaches as soon as she arrives there in goods safety, and, unless the
policy otherwise provides, it is immaterial that she is covered by another
policy for a specified time after arrival.
(c) Where chartered freight is insured “ at and from” a particular
place, and the ship is at that place in good safety when the contract is
concluded the risk attaches immediately. If she be not there when the
contract is concluded, the risk attaches as soon as she arrives there in
(d) Where freight, other than chartered freight, is payable without
special conditions and is insured “at and from” a particular place, the
risk attaches pro rata as the goods or merchandise are shipped; provided
that if there be cargo in readiness which belongs to the shipowner, or which
some other person has contracted with him to ship, the risk attaches as soon
as the ship is ready to receive such cargo.
From the loading thereof
4. Where goods or other movables are insured “ from the loading
thereof”, the risk does not attach until such goods or movables are
actually on board, and the insurer is not liable for them while in transit
from the shore to the ship.
5.Where the risk on goods or other movables continues until they are
“safely landed”, they must be landed in the customary manner and within a
reasonable time after arrival at the port of discharge, and if they are not
so landed the risk ceases.
Touch and stay
6. In the absence of any further licence or usage, the liberty to touch
and stay “at any port or place whatsoever” dose not authorize the ship to
depart from the course of her voyage from the port of departure to the port
7 .The term ‘perils of the seas’ refers only to fortuitous accident or
casualties of the seas. It does not include the ordinary action of the wind
8. The term “Pirates” includes passengers who mutiny and rioters who
attack the ship from the shore.
9.The term “thieves” does not cover clandestine theft or a theft
committed by any one of the ship’s company, whether crew or passengers.
Restraint of princes
10.The term “arrest, restraint of kings, princes, and people” refers
to political or executive acts, and does not include a loss caused by riot
or by ordinary judicial process.
11. The term “barratry” includes every wrongful act willfully
committed by the master or crew to the prejudice of the owner, or, as the
case may be, the charterer.
All other perils
12. The term “all other perils” includes only perils similar in kind
to the perils specifically mentioned in the policy.
Average unless general
13.The term “average unless general” means a partial loss of the
subject-matter insured other than a general average loss, and does not
include. “ particular charges.”
14. Where the ship has stranded the insurer is liable for the excepted
losses, although the loss is not attributable to the stranding, provided
that when the stranding takes place the risk has attached, and, if the
policy be on goods, that the damaged goods are on board.
15. The term “ship” includes the hull, materials and outfit, stores
and provisions for the officers and crew, and, in the case of vessels
engaged in a special trade, the ordinary fittings requisite for the trade,
and also, in the case of a steamship, the machinery, boilers, and coals and
engine stores, if owned by the assured.
16. The term “freight” includes the profit derivable by a shipowner
from the employment of his ship to carry his own goods or movables, as well
as freight payable by a third party, but does not include passage money.
17.The term “goods” means goods in the nature of merchandise, and does
not include personal effects or provisions and stores for use on board.
In the absence of any usage to the contrary, deck cargo and living
animals must be insured specifically, and not under the general denomination