The Premium
52. When premium payable
Unless otherwise agreed, the duty of the assured or his agent to pay the premium, and the duty of the insurer to issue the policy to the assured or his agent, are concurrent conditions, and the insurer is not bound to issue the policy until payment or tender of the premium.
【概 要】
別段の定めが無い限り、保険者は保険料の受領をするまでは保険証券を交付する義務(同時条件)が無い旨を規定しています。
53. Policy effected through broker
(1)Unless otherwise agreed, where a marine policy is effected on behalf of the assured by a broker, the broker is directly responsible to the insurer for the premium, and the insurer is directly responsible to the assured for the amount which may be payable in respect of losses, or in respect of returnable premium.
(2)Unless otherwise agreed, the broker has, as against the assured, a lien upon the policy for the amount of the premium and his charges in respect of effecting the policy; and, where he has dealt with the person who employs him as a principal, he has also a lien on the policy in respect of any balance on any insurance account which may be due to him from such person, unless when the debt was incurred he had reason to believe that such person was only an agent.
【概 要】
ブローカー経由にて海上保険契約を締結する場合の規定です。
54. Effect of receipt on policy
Where a marine policy effected on behalf of the assured by a broker acknowledges the receipt of the premium, such acknowledgement is, in the absence of fraud, conclusive as between the insurer and the assured, but not as between the insurer and broker.
【概 要】
被保険者のためにブローカーが保険契約を締結した場合の保険証券上の保険料領収の効果を規定しており、ブローカーによる保険料領収の承認は保険者と被保険者には決定的なものであるが、保険者とブローカー間においては最終的なものではないと規定されています。
