Exercises Insurance Loss Notice-Of-loss Double-Insurance Reinsurance For-Distribution

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1. Mr.

X procured a marine insurance to insure his vessel from


perils of the sea for its voyage from Manila to Malaysia.
While on voyage, the ship sunk when it encountered an
engine trouble while being battered by big waves. In trying
to save the ship, all cargoes were thrown to the sea to
lighten the ship but to no avail. Is Mr. X entitled to recover
the value of the ship and the cargoes?

2. Mr. X procured a marine insurance for his vessel and


personal accident insurance with ABC Insurance to insure
the crew. On its way to its destination, the vessel sunk, and
all the crews died. ABC refused to pay the heirs of the crew.
Is Mr. X solidary liable to ABC for the unpaid benefits of the
crew?

3. Mr. X is the owner of a vessel. He took a marine insurance


from ABC Insurance. During its voyage, it sunk and then
later, it was found out that the bottles of coco cola were too
heavy and shifted to the side of the ship when encountered
by big waves. ABC then paid Coca Cola for the lost bottles.
ABC filed a claim with Mr. X contending that the vessel is
not seaworthy when it loaded the bottles which is too heavy
for the ship to carry. Mr. X contended that it is not
stipulated in the policy that the vessel must be sea worthy
hence not covered by warranty. Further, he argued that the
payment of ABC to Coca Cola is an admission of the latter of
the liability in effect that the ship is seaworthy. Decide.

4. Mr. X, the owner of XYZ vessel. He took a marine insurance


to insure the ship and its cargoes for its voyage from Davao
to Manila. On its way, the captain docked at Cebu City to
picked up some cargoes because the ship designated to do
so broke down. Then it proceeded to its original voyage but
it encountered a storm and lost P1M worth of cargo. Is the
insurer liable?

5. Mr. X, the owner of XYZ Vessel, took a marine insurance to


insure the ship and the cargoes for its voyage from Davao to
Manila. Without the fault of the captain, and due to the
weather condition, the engine of the vessel broke down and
the ship was continually hammered with big waves but it
nevertheless survived and was able to dock at the
destination. After assessment, the captain and the
shipowner decided to abandon the ship because to restore
the same would be costly and impractical. The value of the
ship and the cargoes totalled P50M but the actual damage
was actually P20M only. How much Mr. X could claim from
the insurer?

6. Mr. Y is a captain of ABC Vessel. The ship which is insured


was encountered with a typhoon and threatened the ship.
Mr. Y decided to jettison the heavy cargoes to lighten up the
ship. The cargoes of Mr. F, E, G was saved. The insurer
claimed that Mr. F, E and G must share with the loss as
their cargoes were benefited when the heavy cargoes were
thrown to the sea. Is the insurer correct?

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