.... Not only courts, but Congress, insurance companies, and those insured have all acted on the assumption that States can regulate marine insurance. In the Merchant Marine Act of...1920, Congress recognized that marine insurance companies were operating under state laws. Then, following a three-year study of marine insurance, Congress in 1922 passed a law regulating all types of insurance in the District of Columbia. This enactment generally referred to as the District of Columbia Model Marine Insurance Act, had.... Again in 1935 marine insurance was discussed in congressional hearings in connection with the Limitation of Liability Act. 49 Stat. 1479, 46 U.S.C. § 181-196...

...draft the policy. The Underwriters did. Second, the Underwriters relied on English marine insurance law when they originally denied coverage. See Letter from Waltons Morse to Lilly Sullivan Barkan Junge P.C. of Apr. 2, 1995 at 1 ("Circumstances where a breach of warranty is excused are provided for at Section 34(1) of the Marine Insurance Act 1906...Enterprises, Inc. ("Advani") commenced this action in the district court, invoking diversity jurisdiction, to contest the Underwriters' denial of its claim for losses under a marine cargo insurance policy. The...court erred in its choice-of-law analysis, finding instead that English marine insurance law properly governs the policy. Thus, we vacate the judgment of the district court and remand the case for...

.... The Marine Insurance Act, 1906, in part here..., Marine Insurance (1954) 1186 ff. Arnould's 15th Edition (1961) takes the new title of "British Shipping Laws — Vols. 9 10." The Marine Insurance Act, 1906, appears at 1261 ff...) appellees waived disclosure of the changes. Section 18(3) of the Marine Insurance Act, 1906, provides the following exceptions to the duty to disclose...

...that some condition shall be fulfilled, or whereby he affirms or negatives the existence of a particular state of facts." Leslie J. Buglass, Marine Insurance General Average in the United States 27 (2d ed. 1981) (quoting Sect. 33(1) of the English Marine Insurance Act of... COMMERCIAL UNION INSURANCE COMPANY, PLAINTIFF-APPELLANT-CROSS-APPELLEE, v. FLAGSHIP MARINE SERVICES, INC., D/B/A SEA TOW SERVICES OF LEE COUNTY AND SEA TOW OF LEE...COUNTY, DEFENDANTS-APPELLEES-CROSS-APPELLANTS, BRISOTTI SILKWORTH, INC., THIRD-PARTY DEFENDANT. COMMERCIAL UNION INSURANCE COMPANY, PLAINTIFF-APPELLANT, v. FLAGSHIP MARINE SERVICES, INC., D/B/A SEA TOW...

...Marine Insurance Act of 1909-1966. Defendant argues that the Marine Insurance Act requires the same insured to be listed on both policies to.... The Marine Insurance Act of 1909-1966 governs Australian insurance policies. The relevant portion of the Marine Insurance Act defines double insurance as "[w...]here two or more policies are effected by or on behalf of the assured on the same adventure and interest or any part thereof, and the sums insured exceed the indemnity allowed by this Act." Marine Insurance Act...

...Marine Insurance Act, Dec. 21, 1906, 6 Edw. 7, c. 41, § 16, which is a codification of the common law. Gow, Sea Insurance, p.v. (Preface). The liability on the policy above the value of... STANDARD MARINE INSURANCE COMPANY, LIMITED, v. SCOTTISH METROPOLITAN ASSURANCE COMPANY, LIMITED. CERTIORARI TO THE...; Patapsco Insurance Co. v. Coulter, 3 Pet. 222; 1 Arnould on Marine Insurance (11th ed.) §§ 236, 287, 288; cf. O'Brien v. North River Ins. Co., 212 F...

....), aff'd, 433 F.2d 152 (2 Cir. 1970). See 2 Arnould, Marine Insurance 1081 (15th ed. 1961). See, e. g., Marine Insurance Act of..., 97 L.Ed. 1125 (1953). Although the Marine Insurance Act generally requires notice of abandonment for recovery on a constructive total loss, such notice is not an absolute...counted in determining whether there was a constructive total loss. See Marine Insurance Act, Rules for Construction of Policy No. 15; American Institute Hull Clause — Vessel (January 18, 1970...

..., supra, at 132. We will assume without deciding that the insurer is correct that the English Marine Insurance Act of 1906 provides that the...Marine Insurance Act, 1906 provides: "(1) A policy may be either valued or unvalued. "(2) A valued policy is a policy which specifies the.... DENECKE, C.J. The controversy concerns the interpretation of a hull policy of marine insurance...

...insured item is "so damaged as to cease to be a thing of the kind insured," may properly be applied to vessels, and not just to cargo. See George Cohen, Sons Co. v. Standard Marine Insurance Co., 21 Lloyd's List L.R. 30, 33 (K.B. 1925); Knight v. Faith, 117 Eng.Rep. 605, 608 (Q.B. 1850). We also agree that there need not be a total, physical loss for a casualty to be considered an "actual total loss" under the Act. In...court properly looked to the British Marine Insurance Act of 1906. Section 57(1) of the Act provides: Where the subject matter insured is [1] destroyed, or [2] so...." Based on the district court's findings of fact, the Gatto is an actual total loss under the first and second tests of the British Marine Insurance Act. Therefore, we need not decide the merits...

...1901 §§ 646, 647, 650, 652, D.C. Code 1929, tit. 5, §§ 172, 173, 176, 178; D.C.Revenue Act of 1937, tit. 2, approved August 17, 1937, D.C. Code Supp. III, 1937, tit. 20, § 966; the Marine Insurance Act of...insurance organizations, imposes a percentage tax on net premium receipts, dues, et cetera. The Marine Insurance Act authorizes formation of and regulates companies to write accident and health...contains, except the Marine Insurance Act, which exempts companies operating under section 653, and, therefore, presumably, the companies exempted by its terms, and the Revenue Act of 1937 (tit. 2, § 8...

.... Schoenbaum, The Duty of Utmost Good Faith in Marine Insurance Law: A Comparative Analysis of American and English Law, 29 J. Mar. L. Com. 1 (1998) [hereinafter Schoenbaum]. Not so, however, in England, where uberrimae fidei — codified at the Marine Insurance Act, 1906..., 6 Edw. 7, ch. 41 [hereinafter British Marine Insurance Act] — continues...would have been possible for non-marine insurance to have diverged since the passing of the 1906 act. But it was not suggested that this had happened...

..., see S.S. "Balmoral" Company v. Marten, supra, and by statute, Marine Insurance Act, 1906, § 73, and that such is conceded to be the rule by law or custom in France, Germany, Holland...equitable effect to the stipulation fixing value, consonant with principles generally applicable to marine insurance. It may be applied to general average contributions with like effect and with...Circuit. British Foreign Marine Insurance Co. v. Maldonado Co., 182 F. 744, certiorari denied, 220 U.S. 622. The sole question presented...

...ship" — in effect, one with an insurable interest. This definition of owner closely approximates the list of persons having an insurable interest found in The England Marine Insurance Act, 1906.... Mustill and J. Gilman, Arnauld, Law of Marine Insurance Average § 3 (16th ed. 1981). It is clear that as charterer, FPL was an "owner" under the Oceanus policy. FPL's lack of legal title is arguably...were the insureds under this protection and indemnity contract is without merit. The essence of this contract of marine insurance has been said to be: "that...

.... Marine Insurance Act of 1906, 6 Edw. 7, c. 41, § 33(3). It is well settled that "[n]o cause, however sufficient; no motive, however good; no necessity, however irresistible, will excuse.... OPINION ANTHONY M. KENNEDY, Circuit Judge: This case involves the interpretation of a marine insurance policy. The principal...non-compliance with an express warranty." 2 Chorley, Arnould on the Law of Marine Insurance and Average § 635 (13th ed. 1950). Moreover, the rule applies even where the subsequent loss cannot be traced...

...the proximate cause test into its statutory law. Marine Insurance Act of 1906, 6 Edw. VII, c. 41, § 55(2...England in the interpretation and enforcement of marine insurance contracts is desirable, American courts are not bound to follow House of Lords' decisions automatically. The practice is no more than to...language comes from the "F. C. S. Clause" ("Free from Capture and Seizure") and is incorporated by reference in the war risk policy. War risk insurance is written in the following manner: the marine...

...on land; it was a happening which is characteristic of the sea, and of the behaviour of ships." Two statutes have a bearing on the issue. § 55 of the British Marine Insurance Act 1906...insured perils. A corresponding analysis disposes of respondents' reliance upon § 55 of the Marine Insurance Act. Subdivision c of the section itself goes no further than to..., S.A., against the Alliance Assurance Company, Limited, and others, to recover on marine insurance contracts. Decree for the libellant...

.... That statute of course is controlling in relation to English practice in that class of cases. Marine Insurance Act, 1906, § 55(2)(b). L.R..., p. 664, to review the affirmance of a judgment in favor of the respondent Insurance Company, in an action on a policy of marine insurance. The case had been removed to the District Court from the.... Application of a general coverage clause of a marine insurance policy held unaffected by a rider attached for an additional premium, after the policy had been long in effect, but canceled before...

.... 109; Gale v. Laurie, 5 B. C. 156; English Marine Insurance Act 1906, Arnould Marine Insurance, 10th ed., vol. 2, p. 1659; id. vol. 1, p.... INTERNATIONAL MERCANTILE MARINE COMPANY v. STUART, ACTING COLLECTOR OF CUSTOMS FOR THE PORT OF NEW YORK, ET AL. UNITED AMERICAN LINES, INC., ET AL. v. STUART, ACTING COLLECTOR OF...Prohibition Act. Mr. George W. Wickersham for appellants in Nos. 659-662, 666-670, and 678. I. Neither the...

...pass automatically with the sale of the insured property. Michael J. Mustill Jonathan C.B. Gilman, Arnould's Law of Marine Insurance and Average § 252 (16th ed. 1981). Defendants argue that the policy was not assigned with the transfer of the vessel from Greycas to Greyship and could not be assigned thereafter. The treatise cited by defendants relies upon the British Marine Insurance Act of..., which codified British marine insurance law. Section 51 of that act states that [w]here the assured has parted with or lost his...: Provided that nothing in this section affects the assignment of a policy after loss. Marine Insurance Act of 1906, 6...