Commentaries are intended as an introduction or overview of the topic. The commentaries for some topics are more detailed than others but none of them should be taken as a complete and full recitation of the law applicable to the topic.
Marine insurance in Canada is governed by the Marine Insurance Act which is modeled on the English Act of 1906.
Over the years we have prepared various papers relating to marine insurance. Links to these papers are provided below. Readers are cautioned that the papers, though current as of the date prepared, are not updated.
Marine Insurance Act
The database contains 61 case summaries relating to Marine Insurance. The summaries are sorted in reverse date order with 20 summaries per page. If there are more than 20 summaries, use the navigation links at the bottom of the page.
Please note that to facilitate easier browsing and indentification of a relevant case on small devices, we have truncated the summaries which requires you to click "more" to view a full summary. If you wish to view these summaries without truncation, click here
Breach of Warranty
Lewis v. Canada, No. T-1028-93, (F.C.T.D.)
This case concerned a total loss of a vessel due to fire. At the time of the fire the vessel was under the command of someone other than the assured. The policy, however, contained a provision that prohibited anyone other than the named insured from operating the vessel without the prior approval of the insurer in writing. The Plaintiff, assured, claimed he had sought and obtained verbal approval to substitute another as master. The insurer denied that any approval had been sought or given. The Court found in favour of the insurer and held that there had been a breach of warranty and, accordingly, there was no coverage under the policy.