In force · As amended up to 2026-08
1. 1st August, 1963, vide notification No. S.O. 1925, dated 8th July, 1963, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
affect any rule of law applicable to any contract of insurance other than a contract of marine insurance as by this Act defined.
Explanation. —"An adventure analogous to a marine adventure" includes an adventure where any ship, goods or other movables are exposed to perils incidental to local or inland transit.
SCHEDULE
FORM OF POLICY ( See section 24)
BE IT KNOWN THAT………..….…….…..as well in……..……………own name as for and in the name and names of all and every other person or persons to whom the same doth, may, or shall appertain, in part or in all doth make assurance and cause………………………….and them, and every of them, to be insured lost or not lost, at and from upon any kind of goods and merchandises, and also upon the body, tackle, apparel, ordnance, munition, artillery, boat and other furniture, of and in the good ship or vessel called the………………………….whereof is master for this present voyage…………………or whosoever else shall go for master in the said ship or by whatsoever other name or names the said
and names of all and every other person or persons to whom the same doth, may, or shall appertain,
ship, or the master thereof, is or shall be named or called; beginning the adventure upon the said
goods and merchandises from the loading thereof aboard the said ship……………….upon the said ship, etc…………………………and so shall continue and endure, during her abode there, upon the said ship etc……………….And further, until the said ship, with all her ordnance, tackle, apparel, etc., and goods and merchandises whatsoever shall be arrived at……………….upon the said ship, etc., until she hath moored at anchor twenty-four hours in good safety; and upon the goods and merchandises, until the same be there discharged and safely landed. And it shall be lawful for the said ship, etc., in this
voyage to proceed and sail to and touch and stay at any ports or places whatsoever without prejudice
to this insurance. The said ship, etc., goods and merchandises, etc., for so much as concerned the assured by agreement between the assured and assurers in this policy, are and shall be…………….valued at…………….
Touching the adventures and perils which we the assurers are contended to bear, and do take upon us in this voyage; they are of the seas, men of war, fire, enemies, pirates, rovers, thieves, jettisons, letter of mart and countermart, surprisals, takings at sea, arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever, barratry of the master and mariners, and of all other perils, losses, and misfortunes that have or shall come to the hurt, detriment, or damage of the said goods and merchandises, and ship, etc., or any part thereof.
And in case of any loss or misfortune it shall be lawful to the assured, their factors, servants and assigns, to sue, labour, and travel for, in and about the defence, safeguards and recovery of the said goods and merchandises and ship, etc., or any part thereof, without prejudice to this Insurance; to the charges whereof we, the assurers, will contribute each one according to the rate and quantity of his sum herein assured.
And it is especially declared and agreed that no acts of the insurer or insured in recovering, saving, or preserving the property insured shall be considered as a waiver, or acceptance of abandonment. And so we, the assurers, are contended, and do hereby promise and bind ourselves, each one for his own part, our heirs, executors, and goods to the assured, their executors, administrators, and assigns, for the true performance of the premises, confessing ourselves paid the consideration due into us for this assurance by the assured, at and after the rate of………………
In witness whereof we, the assurers, have subscribed our names and sums assured in……….....
MEMORANDUM N. B. — Corn, fish, salt, fruit, flour, and seed are warranted free from average, — unless general or the ship be stranded, sugar, tobacco, hemp, flax, hides and skins are warranted free from average, under five per cent. and all other goods, also the ship and freight, are warranted free from average, under three per cent. unless general, or the ship be stranded.
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 otherwise require: —
1. Lost and not lost.— 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 not.
Source: India Code