No. Precious stones, jewels, jewelry, precious metals, whether in course of transportation or
otherwise;
"resembling" or "of the same kind as" those specially mentioned. I see no reason for departing from
this settled rule. In marine insurance it is above all things necessary to abide by settled rules and
to avoid anything like novel refinements or a new departure. It must be considered to be settled,
furthermore, that a loss which, in the ordinary course of events, results from the natural and inevitable
action of the sea, from the ordinary wear and tear of the ship, or from the negligent failure of the ship's
owner to provide the vessel with proper equipment to convey the cargo under ordinary conditions, is
not a peril of the sea. Such a loss is rather due to what has been aptly called the "peril of the ship."
The insurer undertakes to insure against perils of the sea and similar perils, not against perils of the
ship. There must, in order to make the insurer liable, be "some casualty, something which could not be
foreseen as one of the necessary incidents of the adventure. The purpose of the policy is to secure an
indemnity against accidents which may happen, not against events which must happen. "Herein, the
entrance of the sea water into the ship's hold through the defective pipe already described was no
tdue to any accident which happened during the voyage, but to the failure of the ship's owner properly
to repair a defect of the existence of which he was apprised. The loss was therefore more analogous to
that which directly results from simple unseaworthiness than to that which results from perils of the
sea.
Issue [2]:
Whether there is an implied warranty on the seaworthy of the vessel in every marine insurance
contract.
Held [2]:
YES. It is universally accepted that in every contract of insurance upon anything which is the subject of
marine insurance, a warranty is implied that the ship shall be seaworthy at the time of the inception of
the voyage. This rule is accepted in our own Insurance Law (Act No. 2427, sec. 106). It is also well
settled that a ship which is seaworthy for the purpose of insurance upon the ship may yet be
unseaworthy for the purpose of insurance upon the cargo (Act No. 2427, sec. 106).
Charterer
Over the amount he is liable to the ship owner, if the ship is lost or damaged during the
voyage (Sec. 106, Insurance Code);
Over his expected profits or freightage if he accepts cargoes from other persons for a fee;
Over his own cargo or his clients cargo.
Difference between the value of vessel or goods and the amount of loan (Sec. 101,
Insurance Code).
Sec. 101 of the Insurance Code provides that the insurable interest of the owner of the ship
hypothecated by bottomry is only the excess of its value over the amount secured by bottomry.
10.) Why is it in bottomry ang pwede lang i-insure yung difference sa value?
Since a loan on bottomry partakes of the nature of an insurance coverage to the extent of the loan
accommodation. The same rule would apply to the hypothecation of the cargo by respondentia
11.) Bakit in charter party ang insurable interest ng owner ay yung full volume ng vessel pero un
bottomry bakit yung difference lang?
It depends, on the type of charter party. In a bareboat or demise charter, it involves the transfer of full
possession and control of the vessel for the period covered by the contract, the character obtaining the
right to use the vessel and carry whatever cargo it chooses, while maintaining and maintaining the
vessel as well. Liable for damages:
charterer (acts as a private carrier)
2. Time charter it is a contract to use the vessel for a particular period of time, the character
obtaining the right to direct the movements of the vessel during the chartering period, although the
owner retains
possession. It is considered a contract of affreightment. (acts as a common carrier)
3. Voyage charter it is a contract for the hire of a vessel for one or a series of voyages usually for
the purpose of transporting goods for the charterer. The voyage charter is a contract of affreightment
and is considered a private carriage. In a contract of affreightment the ship owner is the one liable for
damages. (acts as a common carrier)
OWNER PRO HAC VICE demise charterer to whom the owner of the vessel has completely and
exclusively relinquished possession, command and navigation of the vessel. In this kind of charter, the
charterer mans and equips the vessel and assumes all responsibility for its navigation, management
and
operation. He thus acts as the owner of the vessel in all important aspects during the duration of the
charter.
A CHARTER PARTY a contract by which an entire ship or some principal part thereof is let by the owner
to another person for a specified time or use.
15.) What is the effect if insured concealed these facts and such concealment is the cause of the loss?
It exonerates the insurer from a loss resulting from the risk concealed
16.) What are the implied warranties under Marine insurance? (Page 345)
1.
2.
3.
4.
5.
Seaworthiness of the ship at the inception of the insurance (Sec. 113, Insurance Code);
Against improper deviation (Sec. 123, 124, 125, Insurance Code);
Against illegal venture;
Warranty of neutrality: The ship will carry the requisite documents of nationality or neutrality of
the ship or cargo where such nationality or neutrality is expressly warranted (Sec. 120, Insurance
Code); and
Presence of insurable interest.
17.) Can these implied warranties be waived?
While the payment by the insurer for the insured value of the lost cargo operates as a waiver of the
insurers right to enforce the term of the implied warranty against the insured under the marine
insurance policy, the same cannot be validly interpreted as an automatic admission of the vessels
seaworthiness by the insurer as to foreclose recourse against the common carrier for any liability
under the contractual obligation as such common carrier (Delsan Transportation Lines v. CA, G.R. No.
127897, November 15, 2001).
21.) Pano kung during the voyage naging unseaworthy yung vessel?
General Rule: The warranty of seaworthiness is complied with if the ship be seaworthy at the time of
the commencement of the risk. Prior or subsequent unseaworthiness is not a breach of the warranty
nor is it material that the vessel arrives in safety at the end of her voyage.
22.) If ship becomes unseaworthy, pero seaworthy nung commencement of voyage, tapos nagkaroon
ng loss, liable ba insurer?
When caused by circumstances outside the control of the ship captain or ship owner;
When necessary to comply with a warranty or to avoid a peril (real peril);
When made in good faith to avoid a peril (non-existing/ assumed peril);
When made in good faith to save human life or to relieve another vessel in distress (Sec. 124,
Insurance Code).
Actual
Total destruction;
Irretrievable loss by sinking or by being broken up;
Damage rendering the thing valueless to the owner for the purpose for which he held it; or
Other event which effectively deprives the owner of the possession, at the port of destination, of
the thing insured (Sec. 130, Insurance Code).
27.) Ship lumubog, tapos may nasalvage na 1/4 or 1/6 of the value of the vessel. Is there actual loss?
No.
28.) Even if the insured was able to recover scrap metals and sold the same, actual loss pa din?
29.) When is there constructive loss? (page 263)
1.
a.
b.
c.
31.) What are the options of the insured pag may constructive total loss?
In case of constructive total loss, insured may:
Abandon goods or vessel to the insurer and claim for whole insured value (Sec. 139, Insurance
Code); or
b. Without abandoning vessel, claim for partial actual loss (Sec. 155, Insurance Code).
a.
There must be an actual relinquishment by the person insured of his interest in the thing insured
(Sec. 138, Insurance Code);
There must be a constructive total loss (Sec. 139, Insurance Code);
The abandonment must be neither partial nor conditional (Sec. 140, Insurance Code);
It must be made within a reasonable time after receipt of reliable information of the loss (Sec. 141,
Insurance Code);
It must be factual (Sec. 142, Insurance Code);
It must be made by giving notice thereof to the insurer which may be done orally or in writing
(Sec. 143, Insurance Code); and
The notice of abandonment must be explicit and must specify the particular cause of the
abandonment (Sec. 144, Insurance Code).
33.) Pag may proper abandonment, may the insurer refuse to pay the insurance?
No.
34.) Pag improper yung abandonment?
yes
37.) Before there may be co-insurance, what must be the nature of the insurance?
1.
2.
3.
1.
2.
1.
2.
a.
b.
c.
Direct losses
Indirect or Consequential losses:
Physical damages
Loss of Earnings
Extra Expenses
Note: Only if expressly covered by the policy
3.
Hostile Fire
Friendly Fire
Insurer is liable
46.) Building for residential tapos a portion of which is for the storage of firecrackers na binebenta,
pwede ba irescind ng insurer?
48.) How do you measure the indemnity in fire insurance? (page 401)
Measure of Indemnity
Open policy Only the expense necessary to replace the thing lost or injured in the condition it was at the time
of the injury
2.
Valued policy The parties are bound by the valuation, in the absence of fraud or mistake
1.
Coinsurance
A provision of an insurance policy that provides that the insurance company and the insured will apportion
between them any loss covered by the policy according to a fixed percentage of the value for which the
property, or the person, is insured.