ABSTRACT
Marine insurance contracts usually include a clause which allows the assured to recover reasonable costs of such measures that the assured has taken either to prevent or minimise an insured loss. MIA 1906, s. 78 codifies the assured’s duty to sue and labour and recovery for the expenses incurred for that purpose. This chapter analyses the requirements to be satisfied where the assured makes a claim against the insurer for sue and labour expenses. It should be noted that where the policy does not contain an express clause allowing the assured to recover those expenses, it is not implied in to any insurance contract that they can be recovered from the insurers. Key words: to prevent or minimise an insured loss, measure reasonably taken by the assured or his agents, immediate risk of loss, reasonably incurred, apportionment of sue and labour expenses, apportionment in the case of underinsurance, apportionment in liability insurance, ransom, piracy, illegality, supplementary payment, consequences of breach of the duty to minimise an insured loss, duration of the duty of sue and labour.
