Insurance Claims

November 22nd, 2008

The fundamental point to bear in mind is that an insurance contract is not a maintenance contract; it is intended to provide protection against accidents caused by some fortuitous circumstance rather than an inevitability.

In all cases the assured must remember that it is up to him to show that the damage or loss has arisen as the result of an insured risk, or at least that an insured risk was, on the balance of probabilities, the cause of the damage.
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Choosing the Right Marine Boat Insurance

November 20th, 2008

Resting / DescansandoIf after seeking boat insurance quotes for the latest pleasure craft, it can be difficult to decide on that one policy that offers the best in terms of cover, conditions, and restrictions. Both the cover and services offered by the different marine boat insurance companies will vary.

In order to make that informed decision its important to look at the different types of cover that might be offered. Also, it can help to understand the legal requirements, as this varies from one state to the next, with some requiring more cover than others.
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Lack of Due Diligence

November 20th, 2008

The insured has a general duty of care, and this is referred to in most policies by the phase “due diligence”. It is quite reasonable for an insurance company to anticipate that the insured person will be reasonably diligent in protecting and managing his property.

Section 55 of The Marine Insurance Act 1906 provides that the insurer is liable for any loss proximately caused by a peril insured against, even though the loss would not have happened but for the misconduct of the master or crew. In the case of negligent or unskilful navigation, the Courts will normally hold that it should be payable.