ABSTRACT
Marine insurance contracts are designed to provide indemnity for the assured for losses which are incident to a marine adventure.155 Marine adventure is unique in the sense that, once it has commenced, the assured has very limited control over his vessel and this situation needs to be taken into account when the balance between the parties of the contract is adjusted. In order to maintain the balance between the parties, English law has implied a seaworthiness warranty in voyage policies and somewhat lesser provision in respect of seaworthiness for time policies. Other legal systems have made an effort to keep the balance between the assured and insurer, either in a way similar to English law, or in an entirely different framework. The type and form of the defences afforded to marine insurers in other jurisdictions in case of unseaworthiness will be evaluated and compared to English law later in this book. As a result of such an examination, it is expected to reach a conclusion as to whether the warranty status afforded in respect of voyage policies and seaworthiness provision in respect of time policies serve the needs of the insurance market for the new millennium. In this part, however, the reasons for regulating seaworthiness as a defence for the insurer in marine insurance contracts will be examined.
