Risk or peril is fairly the most important part of marine insurance. The concept of insured perils signifies a very central issue under marine insurance where the assured’s property or profit are put at risk by maritime perils and the insurer agrees to indemnify the assured against any loss caused by those perils. Perils of the sea have been relatively classified as the most commonly covered risks in marine insurance. In practice, the question of causation normally appears when the question of perils of the sea comes into light. It may be considered as unsafe for anyone to try to completely define the parameters of the expression “perils of the sea” because in the practice of marine insurance, the question of “what is a peril of the sea?” is inextricably interwoven with another question of “whether the loss was proximately caused by the sea peril?” Thus, whenever one tries to figure out what constitutes a peril of the sea, he cannot avoid but to answer the question of whether the said peril is the proximate cause of a particular loss. A peril that qualifies to be enumerated under the expression “perils of the sea” must be one that has both the elements of fortuity and unexpectedness. It must also specifically be a peril “of the sea” and not a peril “on the sea”. In consequence to the fact that the parameters of perils of the sea may be unclear due to the vagueness in the extent of perils enumerating such expression, this paper attempts to outline such parameters by identifying the perils that have been established, as adjudicated by the courts, as perils of the sea.
|Keywords:||Perils of the Sea, Marine Insurance, Parameter, Established Perils|
Associate Professor, Law, Corporate Communication and External Affairs, University Malaysia Terengganu, Kuala Terengganu, Terengganu, Malaysia
Director, Legal, University Putra Malaysia, Serdang, Selangor, Malaysia
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