Published 1999-09-25
Keywords
- marine insurance,
- Marine Insurance Act 1909 (Cth),
- time policies,
- pleasure craft,
- Australian Insurance Contracts Act 1984 (Cth)
- insurance warranty,
- pre-contractual representation,
- insurer remedies,
- insurance fraud,
- non-disclosure,
- misrepresentation,
- Insurance Laws Amendment Act 1998 (Cth),
- alteration of risk,
- breach of warranty,
- illegality,
- seaworthiness ...More
Abstract
Derrington presents this paper as part of Business Session 6, on the topic of Specific Issues in Law Reform. In the paper, she addresses in turn the areas for domestic law reform identified in The Marine Insurance Act 1909: Issues Paper (1996), providing commentary and observations. These areas were: warranties, the application of the Act to pleasure craft, disclosure and misrepresentations, the twelve month limitation on time policies, and the requirement for an insurable interest.
Derrington also comments on proposals for international reform of marine insurance law.
She concludes by suggesting that, in the light of the status of the domestic reform proposals, Australia should desist from unilateral reform of the Act, but rather should wait for further development to be made in the area of international marine insurance law reform, which may better lead to unification in this area.