Posted: April 25th, 2022
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Paper Instruction: Background Information: There is a Warranty in our fishing vessel’s Hull Time Policy that “the assured vessel is in seaworthy condition during the period of insurance”. Such a Warranty is too strict and extremely advantageous to H&M Insurers, as it applies to the whole insurance period of 365 days and not just to a particular voyage on which an accident occurs. The section of the Marine Insurance Act 1906 which deal with implied warranty is 39. Warranty of seaworthiness of ship 39.-(1) In a voyage policy there is an implied warranty that at the commencement of the voyage the ship shall be seaworthy for the purpose of the particular adventure insured. (4) A ship is deemed to be seaworthy when she is reasonably fit in all respects to encounter the ordinary perils of the seas of the adventure insured. (5) In a time policy there is no implied warranty that the ship shall be seaworthy at any stage of the adventure, but where, with the privity of the assured, the ship is sent to sea in an unseaworthy state, the insurer is not liable for any loss attributable to unseaworthiness. For the reasons presented above, there is no implied warranty that the ship shall be seaworthy at any stage of the adventure in a Time Policy. We believe it reasonable to ask H&M Insurers to remove this Warranty since our policy is a Time policy, not a Voyage policy. Argumentation Essay: I would like a British writer with some legal background to write a five-paragraph Argumentation Essay in perfect and grammatically-correct English to argue that it is not reasonable to include a seaworthiness warranty in a fishing vessel’s Hull Time Policy. This Essay will make me sound like a Native Speaker of English. Please refer to some reading materials in PDF format that I will upload.
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