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xpressed as the first amount falling due up to a ceiling in the event of a loss an excess may or may not be applied it may be expressed in either monetary or percentage terms an excess is typically used to discourage moral hazard and to remove small claims which are disproportionately expensive to handle the term excess signifies the deductible or retention a co insurance which typically governs non proportional treaty reinsurance is an excess expressed as a proportion of a claim in percentage terms and applied to the entirety of a claim co insurance is a penalty imposed on the insured by the insurance carrier for under reporting declaring insuring the value of tangible property or business income the penalty is based on a percentage stated within the policy and the amount under reported as an example a vessel actually valued at 1 000 000 has an 80 co insurance clause but is insured for only 750 000 since its insured value is less than 80 of its actual value when it suffers a loss the insurance payout will be subject to the under reporting penalty the insured will receive 750000 1000000th 75 of the claim made less the deductible tonners and chinamen edit these are both obsolete forms of early reinsurance both are technically unlawful as not having insurable interest and so were unenforceable in law policies were typically marked p p i policy is proof of interest their use continued into the 1970s before they were banned by lloyd s the main market by which time they had become nothing more than crude bets a tonner was simply a policy setting out the global gross tonnage loss for a year if that loss was reached or exceeded the policy paid out a chinaman applied the same principle but in reverse thus if the limit was not reached the policy paid out specialist policies edit various specialist policies exist including newbuilding risks this covers the risk of damage to the hull while it is under construction open cargo or shipper s interest insurance this policy may be purchased by a carrier freight broker or shipper as coverage for the shipper s goods in the event of loss or damage this type of insurance 25 will pay for the true value of the shipment rather than only the legal amount that the carrier is liable for annual cover is issued for twelve month period subject to at inception of a minimum deposit premium often used by regular shippers of goods such as importers and exporters including freight forwarding agents where a policy is issued to cover a number of consignments being shipped to and from various ports and destinations throughout the year yacht insurance insurance of pleasure craft is generally known as yacht insurance and includes liability coverage smaller vessels such as yachts and fishing vessels are typically underwritten on a binding authority or line slip basis war risks general hull insurance does not cover the risks of a vessel sailing into a war zone a typical example is the risk to a tanker sailing in the persian gulf during the gulf war the war risks areas are established by the london based joint war committee increased value iv increased value cover protects the shipowner against any difference between the insured value of the vessel and the market value of the vessel overdue insurance this is a form of insurance now largely obsolete due to advances in communications it was an early form of reinsurance and was bought by an insurer when a ship was late at arriving at her destination port and there was a risk that she might have been lost but equally might simply have been delayed the overdue insurance of the titanic was famously underwritten on the doorstep of lloyd s cargo insurance cargo insurance is underwritten on the institute cargo clauses with coverage on an a b or c basis a having the widest cover and c the most restricted valuable cargo is known as specie institute clauses also exist for the insurance of specific types of cargo such as frozen food frozen meat and particular commodities such as bulk oil coal and jute often these insurance conditions are developed for a specific group as is the case with the institute federation of oils seeds and fats associations fofsa trades clauses which have been agreed with the federation of oils seeds and fats associations and institute commodity trades clauses which are used for the insurance of shipments of cocoa coffee cotton fats and oils hides and skins metals oil seeds refined sugar and tea and have been agreed with the federation of commodity associations there has also been discussion about insurance policies to address plastic pollution as a result of plastic cargo losses at sea for example marine insurance policies should factor in liability for marine plastic pollution marine clean up and conservation 26 warranties and conditions edit a peculiarity of marine insurance and insurance law generally is the use of the terms condition and warranty in english law a condition typically describes a part of the contract that is fundamental to the performance of that contract and if breached the non breaching party is entitled not only to claim damages but to terminate the contract on the basis that it has been repudiated by the party in breach by contrast a warranty is not fundamental to the performance of the contract and breach of a warranty while giving rise to a claim for damages does not entitle the non breaching party to terminate the contract the meaning of these terms is reversed in insurance law indeed a warranty if not strictly complied with will automatically discharge the insurer from further liability under the contract of insurance the assured has no defense to his breach unless he can prove that the insurer by his conduct has waived his right to invoke the breach possibility provided in section 34 3 of the marine insurance act 1906 mia furthermore in the absence of express warranties the mia will imply them notably a warranty to provide a seaworthy vessel at the commencement of the voyage in a voyage policy section 39 1 and a warranty of legality of the insured voyage section 41 27 salvage and prizes edit the term salvage refers to the practice of rendering aid to a vessel in distress apart from the consideration that the sea is traditionally a place of safety with sailors honour bound to render assistance as required it is obviously in underwriters interests to encourage assistance to vessels in danger of being wrecked a policy will usually include a sue and labour clause which will cover the reasonable costs incurred by a shipowner in his avoiding a greater loss at sea a ship in distress will typically agree to lloyd s open form with any potential salvor the lloyd s open form lof is the standard contract although other forms exist the lloyd s open form is headed no cure no pay the intention being that if the attempted salvage is unsuccessful no award will be made however this principle has been weakened in recent years and awards are now permitted in cases where although the ship might have sunk pollution has been avoided or mitigated in other circumstances the salvor may invoke the scopic terms most recent and commonly used rendition is scopic 2000 in contrast to the lof these terms mean that the salvor will be paid even if the salvage attempt is unsuccessful the amount the salvor receives is limited to cover the costs of the salvage attempt and 25 above it one of the main negative factors in invoking scopic on the salvor s behalf is if the salvage attempt is successful the amount at which the salvor can claim under article 13 of lof is discounted the lloyd s open form once agreed allows salvage attempts to begin immediately the extent of any award is determined later although the standard wording refers to the chairman of lloyd s arbitrating any award in practice the role of arbitrator is passed to specialist admiralty qcs a ship captured in war is referred to as a prize and the captors entitled to prize money again this risk is covered by standard policies claims basis and deductibles edit marine insurance is always written on an occurrence basis covering claims that arise out of damage or injury that took place during the policy period regardless when claims are made policy features often include extensions of coverage for items typical to a marine business such as liability for container damage and removal of debris a deductible is the first amount of a claim that the policy holders bears themselves there can occasionally be a zero deductible but in most cases a deductible applies to claims made under a policy of marine insurance see also edit cefor history of insurance classification society legal definitions of wreckage inland marine insurance seaworthiness law references edit dunt john 2016 marine cargo insurance second ed milton park abingdon oxon new york n y informa law from routledge p 414 isbn 978 1 315 75879 4 insuring marine businesses and cargo iii org insurance information institute retrieved 24 january 2025 louvre n d law code of hammurabi king of babylon louvre fr louvre department of near eastern antiquities mesopotamia archived from the original on 5 december 2020 retrieved 16 february 2021 scheil jean vincent 1902 mémoires de la délégation en perse vol 4 textes élamites sémitiques paris ernest leroux p 12 isbn 978 0 483 46396 7 cite book isbn date incompatibility help roth martha t 1995 mesopotamian legal traditions and the laws of hammurabi chicago kent law review 71 1 15 24 1 2 hammurabi 1903 code of hammurabi king of babylon records of the past 2 3 translated by sommer otto washington d c records of the past exploration society 75 76 retrieved june 20 2021 100 anyone borrowing money shall a subsequent claim therefor 1 2 hammurabi 1904 code of hammurabi king of babylon pdf liberty fund translated by harper robert francis 2nd ed chicago university of chicago press p 35 retrieved june 20 2021 100 he shall write down god and go free 1 2 3 4 hammurabi 1910 code of hammurabi king of babylon avalon project translated by king leonard william new haven connecticut yale law school retrieved june 20 2021 hammurabi 1903 code of hammurabi king of babylon records of the past 2 3 translated by sommer otto washington d c records of the past exploration society 78 retrieved june 20 2021 126 if anyone deprived of right so to do hammurabi 1904 code of hammurabi king of babylon pdf liberty fund translated by harper robert francis 2nd ed chicago university of chicago press pp 43 45 retrieved june 20 2021 126 if a man have he had made claim hammurabi 1903 code of hammurabi king of babylon records of the past 2 3 translated by sommer otto washington d c records of the past exploration society 85 86 retrieved june 20 2021 235 if a shipbuilder builds was destroyed with it hammurabi 1904 code of hammurabi king of babylon pdf liberty fund translated by harper robert francis 2nd ed chicago university of chicago press pp 83 85 retrieved june 20 2021 235 if a boatman build and whatever was lost lex rhodia the ancient ancestor of maritime law 800 bc history of insurance retrieved may 30 2023 goodkind nicole march 31 2024 the baltimore bridge collapse probably caused billions in damages who owes what may come down to ancient laws from greece cnn retrieved april 4 2024 the civil law volume i the opinions of julius paulus book ii constitution org translated by scott s p central trust company 1932 retrieved june 16 2021 title vii on the lex rhodia it is provided by the lex rhodia that if merchandise is thrown overboard for the purpose of lightening a ship the loss is made good by the assessment of all which is made for the benefit of all 1 2 the documentary history of insurance 1000 b c 1875 a d newark nj prudential press 1915 pp 5 6 retrieved june 15 2021 duhaime s timetable of world legal history duhaime s law dictionary archived from the original on june 24 2021 retrieved april 9 2016 così nel 1853 nacque a camogli la prima assicurazione marittima la storia themeditelegraph com in italian 2017 11 18 retrieved 2020 11 04 franklin james 2001 the science of conjecture evidence and probability before pascal baltimore johns hopkins university press pp 273 278 isbn 0 8018 6569 7 palmer sarah october 2007 lloyd edward c 1648 1713 oxford dictionary of national biography online ed oxford university press doi 10 1093 ref odnb 16829 archived from the original on 15 july 2011 retrieved 16 february 2011 subscription wikipedia library access or uk public library membership required elsom mike 2025 11 03 iumi stats report 2025 iumi retrieved 2026 06 12 gürses özlem 2015 marine insurance law 1 ed new york routledge isbn 978 1 317 92924 6 smith d a 1989 marine insurance constructive total loss new zealand maritime law journal 6 47 stille mark 2016 u s navy ships vs kamikazes 1944 45 oxford osprey pp 68 70 isbn 978 1 4728 1273 5 hartford the may 2016 ocean marine insurance the hartford ocean marine insurance the hartford financial services group inc retrieved 16 may 2016 nwafor ndubuisi a walker tony r 1 october 2020 rethinking marine insurance and plastic pollution food for thought resources conservation and recycling 161 104950 bibcode 2020rcr 16104950n doi 10 1016 j resconrec 2020 104950 s2cid 219748078 see also bank of nova scotia v hellenic mutual war risks association bermuda ltd the good luck 1991 2 wlr 1279 and at 1294 5 further reading edit birds j birds modern insurance law sweet maxwell 2004 isbn 0 421 87800 2 donaldson ellis wilson editor cooke editor lowndes and rudolf law of general average and the york antwerp rules sweet maxwell 1990 isbn 0 420 46930 3 john a h the london assurance company and the marine insurance market of the eighteenth century economica new series vol 25 no 98 may 1958 pp 126 141 in jstor roover florence edler de early examples of marine insurance journal of economic history vol 5 no 2 nov 1945 pp 172 200 in jstor wilson dj donaldson 1997 lowndes and rudolf general average and the york antwerp rules british shipping law library sweet maxwell isbn 0 421 56450 4 cite book cs1 maint multiple names authors list link external links edit uk case relating to legal definitions the no 1 dae bu v t e insurance types of insurance health accident accidental death and dismemberment dental disability total permanent disability business overhead expense health insurance marketplace income protection long term care national health payment protection life longevity insurance mortgage life term life unitised fund universal life variable universal life whole life business bond business interruption business owner collateral protection directors and officers liability fidelity over redemption payment protection pollution professional liability protection and indemnity surety trade credit umbrella residential boiler builder s risk contents earthquake flood home landlords lenders mortgage mortgage property renters title transport communication aviation gap insurance inland marine public auto marine satellite shipping 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