The Marine Insurance Act 1906 is a UK Act of Parliament regulating marine insurance. The Act was drafted by Sir Mackenzie Dalzell Chalmers, who had earlier drafted the Sale of Goods Act 1893. The Marine Insurance Act 1906 is of huge significance, as it does not merely govern English Law, but dominates marine insurance worldwide. The Act applies not only to "commercial" marine insurance, but also to protection and indemnity insurance (P&I clubs). This hundred-year-old act is reaching the end of its life and is expected to be repealed and reenacted by about 2012 (see below).
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The most important sections of this Act include:
Schedule 1 of the Act contains a list of definitions; schedule 2 contains the model policy wording.
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The Act is up for review due the perception that there is a problem with uberrimae fidei. Insurance involves the transference of risk in return for an insurance premium (or fo a "P&I call"); and it is essential for the assured to make to the insurer a full disclosure of all material risks. However, beyond this disclosure requirement, some people think there is little need for utmost good faith in insurance contracts and argue it is hard to see how insurers should reciprocate good faith to the assured. (A minor issue is that "theft" in the 1906 Act would be more properly termed "burglary" or "robbery", using the definitions of the Theft Act 1968). It is expected that the proposed new Marine Insurance Act will be very close in form and content to the current 1906 Act. (When Sir Mackenzie Chalmers' Sale of Goods Act 1893 was repealed and reenacted as the Sale of Goods Act 1979, the new statute retained similar wording and section numbering as the original Act, much to everyone's relief).