The Marine Insurance Act 1906: Reflections on a Centenary
(2006) 18 SAcLJ 669
In the light of the centennial anniversary of the Marine Insurance Act 1906, this article considers the principal characteristics of the legislation and discusses a number of concerns about more specific provisions in the Act. The strong espousal of commercial certainty as a fundamental principle of marine insurance law is discussed, together with limitations of the degree to which there is and can be adherence to that principle in the modern law. The Act is seen also to be largely facilitative, but, in so far as it has a regulatory function, its focus is questioned.