What law governs contracts of marine insurance?
The law governing contracts of marine insurance is a question that is rarely asked but the answer to this question has very important ramifications. Under Canadian law the question is uniquely important because of the constitutional division of powers between the Federal and Provincial Governments under the Constitution Act. Although Canadian law of marine insurance is derived largely from the law of England, England is a unitary state. The law of marine insurance in England can be found in the various statutes passed by the English Parliament and in the case law as it has been developed by the courts. In Canada the law governing marine insurance is also found in statutes and case law, however, in Canada one must always consider the constitutional division of powers and the constitutional applicability of any particular statute. Until approximately 1983 it was generally considered that, for constitutional purposes, marine insurance was within the power of the various provinces to legis
