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Marine Insurance is very broad, as stated in Section 99, it includes aircraft, person and property pertaining to marine transit

operation, maintencance, use in c. it includes precious stones, metal wheterher in the course of .. Covers several types of insurance even jewelries, even if stored in the houseeven broad..dos nont include normal motor vehicle insurance. The ocean marine insurance, protection ships, cargoes, passage, commission profits, liability or inay party interest by covered by marine insurance.. The contract of insurance of freight, the bisan malunod barko, sigurado gihapon iyang income, even freight is subject of marine insurance Marine insurance cover only perils, casualties due to unusual violence, extra ordinary causes wave connected with navigation. Caused by other factors, no longer peril of the sea but the peril in the ship. Damages caused by peril in the ship is not included in marine insurance. But if there is an enchamaree clause, even thou it is the negligence of the captain, breakage of shaft, then the insurer is liable. The premium is higher as compared with the ordinary insurance like property insurance.. This is the perils of the sea..a loss which in the inevitable action of the sea from ordinary wear and tear of the ship If for example the cargo insured were sacks of rice, due to leak pipe, kadtas na gibutangan sako butangan nag tulo, it is not the peril of the sea but ship, tungod sa defect of the ship the rice is damagecement, nabasa..gahi nathe insurer is not liablecargo owner is the one contract when the cargos reach the destinationdili na makaon o magamit, claim insurr..will not give the proceeds of the insurance of the negligence of the cres will not give becau..even the cargo owner has no control of the ship, because of the implied warranty that the ship is sea worth, what is the defect of the ship binds the insuredmamili na lang jud ug barko nga maayo nga siya ug maintence, otherwise, if something happens due to the defect of the ship, dili jud bayran sa insurer. The truth is if u ship a cargo, then the ship will be contracted, if you ask whether it is sea worthy or not. Even if it is find out nga dil sea worthy, the insurer cannot deny ang insurer basta duna na policy Exampleeperishalbel cargo of the vessel,, because of storng waves and raincargo was damageipanglabay ang vegetable for the safety of the crew..immdiate cause is the act of the ogcrewinsuer is still,liable becaud=se the proximate cause is peril of the sea Ship nasunog because of lightning..ilunod jud siyaipugosilunod aron mapawong ang kalayo..immediate cause of the loss ipugos firethe isurer is still liablenasunogman ug pugos lunod aron mabasa aron ma save ang vessel.. if totally lunod, dili gihapon totally nawalanot exceed value of the vessel, pwede e refloaqt ug ibalik..total loss if damage exceed of the value of the vesselso, the total value to relfoat not to total loss pila insured sa vewwel mao pud dawat insurer..

In marine insurance compulsory jud nang clause mao assume sa insurert o prevent thrisk insured intentionally done by the owner.. ug barko worth 100 million, the whole amount shall be accepted by ang the insurerdili totally e assume sa co-insurance clause of 75%..75M ra assume .. ang 25 million assume owner If totally destroyed, the owner can ask for the total value of the shipinsured 80% ra of the value of the ship.. Where the actual cause of the loss is not peril of the sea but the insurer is still liable..vessel wast insured by fire but it was shipwrecked because of the storm..stranded, the natives burn the vesselit might be the loss is fire, the insurer is still, liable not because by fire but destruction by shipwreck In marine insurance there is all risk marine insurance..tanan causes assume by insurer..but not to fraud or intentional misconduct is not assume by the insurer..even losses cause by war and other damages sustain by the vesseldificlut on the part of the insurer..piula ra man bayad sa premium it is a burden to provethat the loss is due to fraud..unsaon man ni nila pag prove ang

Loan on Bottomry, example the vessel is worth 50M incurred loan on 20M the..the amount to be insured is the 30M, the insurer can insured the ship on the amount of 20Mthe creditor can also insured the vessel of the 20MLB in case ma bankrupt ang ship owner, mao ni hatagn ug prioritycondition the vessel cannot arrive safely on its destinationdili na mobayad sa 20million loan..if arrive safely, pay siya sa 20 millio. The payment of the loan depends upon the safe arrival of the ship

Loan on Respondentia is the safe delivery of the cargo..and LB safe arrival of the vessel.

Loss is either total or partial..section 12080% rag i assume sa insurer if there is a partial loss of 50% and the value of the vessel is 100M 50% of the 80% mao ran a ibayad sa insurer or 40Million if there is partial loassif 100% loss then 80M.. Total destruction of the cargo insureddamage of the thing valueless,,any even deprives the a. Total destruction, ship exploded so it is not peril of the ship kay kaingong light b. Irretritavel by sinking, dili na makit-an c. Damage of the thing sako sa bugas, nabasa abot sa destination dili na fit for human consumption it could not be used for the purpose intended, claim as total loss..

d. Any other event which deprives the owner of the possession at the port of destination pirates shall take over the sjip, cargo wala makuha, forcibly taken by the pirates, makuha, pero pila may cost. Racket Somalia take over of ship ipa ransom Section 139. Requisites on when to abandon the thing insured: a. If more than thereof in value is actually lost; actual..lisod comply b. Damage sa ship ma reduce then 3/4ths c. If the thing insured is the ship and cannot be lawfuly performed- more than 75% ang value of the damages d. If cargo and voyage cannot be performed within reasonable time and diligence.. Valid abandonment: a. b. c. d. e. f. Actual relinquishment Constructive total lost more than 75%; partial or conditional It must be made within reasonable time after receipt of reliable information of the loss It must be factual It must begin by making notice orally and in writing Notice of abandonemnt must be explicit and specify the cost

Even if the insurer given notice and in writing, just follow above for valid abandonment..better if accepted to avoid any questions. If the insurer accepted the abandonment dili na mokuti kutinot more than 3/4ths

The cargo is apitong logs..SC no abandonment because the loss of the cargo is only 50%...usa ka policy duh aka barko..no proper abandonment because 50% nawala..ang IT logs mao ra jud to .. Dili n aka continue sa voyage aron abot sa destination, ang insurer mobalik iyang liability from the time until the cargo reached to its destination. If late because of the delay, the insurer has the right to ask for his additional premium.

Effect of abandonment, retoracts at the Time of the lossif the ship is hypothecated by bottomory;;;;interest is excess of the loan 100M and insured for 80M;; 20 M e minus 80% of the 80% is 64M reduce

Marine insurer in section 157 co-insurance clause is liable upon partial loss only for such proportion of the a material report, mount insured by him as the loss bears the value of the whole interest of the insured od the property insured. The ship must first be abandoned before freightage is abandonedplete ni sa cargoes gi sakay sa insurertgsa ra pud nga ang insurer will accept the abandonmentno chance to queston whetr proper pr not. Concealment and misrepresentation Even if the information comes from other parties, he is required to disclose such informationloss of life and propertyotherwise guilty of concealment In Section 107- the ship sige libot libot report ra ang information..so bisan sulti-sulti ran a e divulge jud na sa insurer 108 National Character of the insured, liability of the thing insure to capture and detention, if it happens kana nga vessel concealed information wala silay madawat Sec. 111 is intentionally false to any- the representation of the agent binds the principal Page 156-182

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