2020 Georgia Code
Title 33 - Insurance
Chapter 7 - Kinds of Insurance; Limits of Risks; Reinsurance
§ 33-7-5. Marine and Transportation Insurance

Marine and transportation insurance includes:

1. Insurance against any and all kinds of loss or damage to vessels, craft, aircraft, cars, automobiles, and vehicles of every kind, as well as all goods, freight, cargoes, merchandise, effects, disbursements, profits, moneys, bullion, precious stones, securities, choses in action, evidence of debt, valuable papers, bottomry and respondentia interests, and all other kinds of property and interests therein in respect to, appertaining to, or in connection with any and all risks or perils of navigation, transit, or transportation, including war risks on or under any seas or other waters, on land or in the air, or while being assembled, packed, crated, baled, compressed, or similarly prepared for shipment, or while awaiting the same, or during any delays, storage, transshipment, or reshipment incident thereto, including marine builders' risks and all personal property floater risks;
2. Insurance against any and all kinds of loss or damage to person or to property in connection with or appertaining to a marine, inland marine, transit, or transportation insurance, including liability for loss of or damage to either, arising out of or in connection with the construction, repair, operation, maintenance, or use of the subject matter of such insurance but not including life insurance or surety bonds nor insurance against loss by reason of bodily injury to the person arising out of the ownership, maintenance, or use of automobiles;
3. Insurance against any and all kinds of loss or damage to precious stones, jewels, jewelry, gold, silver, and other precious metals, whether used in business or trade or otherwise and whether the same be in course of transportation or otherwise;
4. Insurance against any and all kinds of loss or damage to bridges, tunnels, and other instrumentalities of transportation and communication, excluding buildings, their furniture and furnishings, fixed contents, and supplies held in storage unless fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot, or civil commotion, or any or all of them are the only hazards to be covered;
5. Insurance against any and all kinds of loss or damage to piers, wharves, docks, and slips, excluding the risks of fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot, and civil commotion, and each of them;
6. Insurance against any and all kinds of loss or damage to other aids to navigation and transportation, including dry docks and marine railways, dams, and appurtenant facilities for the control of waterways; and
7. Marine protection and indemnity insurance, which is insurance against, or against legal liability of the insured for, loss, damage, or expense arising out of, or incident to, the ownership, operation, chartering, maintenance, use, repair, or construction of any vessel, craft, or instrumentality in use in ocean or inland waterways, including liability of the insured for personal injury, illness, or death or for loss of or damage to the property of another person.

(Code 1933, § 56-406, enacted by Ga. L. 1960, p. 289, § 1.)

- Property insurance generally, § 33-7-6 and T. 33, C. 32.

Motor vehicle accident insurance, T. 33, C. 34.

JUDICIAL DECISIONS

Contract of indemnity.

- By Civil Code 1890, § 2120, a contract of marine insurance was in terms classed as a contract of indemnity. Exchange Bank v. Loh, 104 Ga. 446, 31 S.E. 459, 44 L.R.A. 372 (1898).

- In a marine risk, when navigation is partly by fresh water and partly by salt water and involves transshipment, proof of damage by water of any kind is prima facie proof of damage by the perils of navigation, even if the wetting is caused by rains and whether the rains fell on board or on the usual transshipping wharf while the goods were upon the wharf in the ordinary course of transit. Underwriters' Agency v. Sutherlin, 55 Ga. 266 (1875).

- Damage from water in consequence of improper stowage, unless such improper stowage was occasioned or acquiesced in by the insured or his agent, is damage from the perils of navigation. Underwriters' Agency v. Sutherlin, 55 Ga. 266 (1875).

Waves from an ocean-going vessel do not constitute a peril of the sea. Kilpatrick Marine Piling v. Fireman's Fund Ins. Co., 795 F.2d 940 (11th Cir. 1986).

- Misrepresentation of any fact material to risk invalidates a marine hull insurance policy. Kilpatrick Marine Piling v. Fireman's Fund Ins. Co., 795 F.2d 940 (11th Cir. 1986).

RESEARCH REFERENCES

Am. Jur. 2d.

- 43 Am. Jur. 2d, Insurance, § 637 et seq.

- 2 C.J.S., Admiralty, § 42.

44 C.J.S., Insurance, §§ 20, 395 et seq., 403 et seq., 441, 450 et seq.; 45 C.J.S., Insurance, §§ 627 et seq., 1124 et seq.; 46 C.J.S., Insurance, §§ 1442 et seq., 1461 et seq., 1713 et seq., 1734 et seq.; 46A C.J.S., Insurance, §§ 1998, 1999, 2048 et seq.

- Inherent defect in vessel as affecting question whether loss is due to "perils of the sea" within policy of marine insurance, 9 A.L.R. 1314.

Right of owner to sue on fire or marine policy taken out by warehouseman, bailee, or carrier, 61 A.L.R. 720.

Losses beyond insured's own route or line as within coverage of carrier's insurance, 99 A.L.R. 283.

Construction and application of sprinkler leakage policy, or provisions of that nature in fire policy, as regards hazards or causes of loss, 130 A.L.R. 710.

Coverage of policy insuring motor carrier against liability for loss of or damage to shipped property, 36 A.L.R.2d 506.

Construction of terms "in transit," "transportation," and the like, within coverage or exclusion clauses of insurance policy, 80 A.L.R.2d 445.

Construction and effect of clause of marine policy warranting that insured's vessel will be laid up or out of commission during a specified time period, 83 A.L.R.2d 1455.

Damage to moored vessel by striking against hard bottom or hard or sharp object as loss due to peril of sea within marine policy coverage, 85 A.L.R.2d 446.

Marine insurance: losses covered by "latent defects" provision of "Inchmaree clause,", 91 A.L.R.2d 1295.

What constitutes want of due diligence by insured or owner so as to bar recovery under Inchmaree clause of marine policy, 98 A.L.R.2d 952.

Risks covered by marine insurance policy against theft, 19 A.L.R.3d 1150.

Aviators: helicopter accidents, 35 A.L.R.3d 707.

What is "conveyance," "passenger conveyance," or "public conveyance" within coverage of accident policy, 60 A.L.R.3d 858.

Coverage under all-risks yacht policy, 75 A.L.R.3d 410.

Risks and causes of loss covered or excluded by aviation liability policy, 86 A.L.R.3d 118.

Airport operations liability insurance, 92 A.L.R.3d 1267.

Construction and effect of provision of homeowner's, premises, or personal liability insurance policy covering or excluding watercraft, 26 A.L.R.4th 967.

Aviation insurance: causal link between breach of policy provisions and accident as requisite to avoid insurer's liability, 48 A.L.R.4th 778.