ABSTRACT

This chapter addresses the issue of the word 'perils of the sea'' in the Hull covers as well as in the Hull cases. This case indicated that in order to recover loss by reason of 'perils of the sea', the assured only had to show that the ingress water was the cause of loss, regardless of the fortuity or negligence of the crew. The Institute Cargo Clauses (ICC) have adopted different wording from that of the older Ship and goods (SG) policy. After full consideration, the all risks method was not embraced for hull insurance, and preference was given to the ‘named perils’ approach. There are various forms of 'perils of the sea' which were laid down in the SG policy and subsequently embraced by the Hull Clauses; for example, collision, crew negligence and stranding ingress of seawater have all been regarded as 'perils of the sea' in numerous cases.