ABSTRACT
This chapter mainly focuses on what constitutes 'perils of the sea' in modern marine insurance case law. The question arises as to whether it is sufficient to attribute a loss as falling within the concept of 'perils of the sea' in the event of the wind and waves. The term 'perils of the sea,' as well as the words 'ordinary action of winds and waves', were defined in various forms in pre-statute cases. It would seem that the two cases adopted the real construction of the 1906 Act in a direct and straightforward manner. Finally, the chapter will argue how the definition of 'perils of the sea' in the Marine Insurance Act (MIA) 1906 has been interpreted by recent authorities. Thus, it is worth looking into the expression 'ordinary action of winds and waves' and ordinary perils that do not constitute 'perils of the sea' within the meaning of the policy.
