Of the construction of the policy. Meaning of the words "Indian Islands." Thus, under a policy "from Van Diemen's Land to a port or ports of loading in India and the Indian Islands," the court held that, though, amongst geographers, Mauritius was deemed an African island, yet parol evidence was admissible to prove that, in commercial language it was considered Meaning of the an Indian Island. (n) So, where an insurance was made "from London to any port in the Baltic," and the vessel sailed for Revel in the Gulf of Finland, which, among geographers, is considered a different sea to the Baltic, yet, upon evidence that it is comprehended in the Baltic in commercial language, the court gave this extension to the term Baltic in the policy. (0) word "Baltic.' Meaning of the word " cargo." IV. Where, however, the words on the face of the policy are plain and unambiguous, and are not of a technical or peculiar nature, no extrinsic evidence of So, where a question arose in an action on a policy as to the meaning of the word " cargo," Chief J. Tindal ruled that being a term of mercantile import, its sense, as used in the policy, was a question for the jury, and could not be decided by the dictionary. (p) § 45. RULE IV. A resort to parol evidence, however, is only permitted where the language of the policy is either obscure or equivocal; such evidence will never be admitted to set aside or controul its plain and unambiguous terms. (q) The strongest instances that can be given of the application of this rule, have occurred in those cases where the risk on goods, being expressly made by the policy to begin from their usage, or other loading at a certain named place, the courts have uniformly decided that the policy could only attach on goods loaded at that very place, and not elsewhere; even although there were frequently strong reasons for supposing that such construction was contrary to the real intention of the parties. (r) wise, will be allowed to alter or explain them. (n) Robertson v. Clarke, 1 Bingh. claires par elles mêmes. In contractu 445. (0) Uhde v. Walters, 3 Camp. 16; (q) Les clauses des polices doivent assecurationis inspici debet id tantum, quod certum est inter contrahentes. Casaregis, Disc. i. No. 108, cited by Emerigon, chap. ii. sect. vii. vol. i. p. 55. ed. 1827. (r) Robertson v. French, 4 East, 130. Horneyer v. Lushington, 15 East, 46. On the same principle, where the risk on goods was, by the policy, made to continue "till discharged and safely landed," Lord Kenyon would not admit evidence of usage to show that this expression in the particular trade insured, meant "until the ship was moored twenty-four hours in safety;" because this was inconsistent with the plain meaning of the policy, which was too clearly expressed to require or allow of any such explanation. (s) So, in a policy at and from Archangel to Leghorn, the court would not receive parol evidence to show that the risk was only to begin at the Downs (t): nor where the policy was "on ship or ships," would they admit such evidence to show that a given ship, which was lost, had been verbally excepted at the time of the contract. (u) § 46. RULE V. The policy being a printed form with the blanks filled up in writing, it is a rule that "if there is any doubt about the sense or meaning of the whole, the words superadded in writing are entitled to have a greater effect attributed to them than the printed words; inasmuch as the written words are the immediate language and terms selected by the parties themselves for the expression of their meaning.” (v) Hence it is, that in the familiar instance of words written in the margin, or at the foot of policies, such written words are considered as applying indefinitely to the whole of the policy, and as controlling the sense of those parts of the printed policy to which they apply. Thus, where the word ship, or freight, or goods, is written in the margin of the policy, the general terms of the policy, applicable to other subjects besides the particular one men Spitta v. Woodman, 2 Taunt. 416; 16 ed. (t) Kaimes v. Knightley. Skinn. (u) Weston v. Emes. 1 Taunt. 115; see also Blackett v. Royal Exch. Comp. 2 Cr. & J. 244. Crofts v. Marshall, 7 C. & P. 597. (v) Per Lord Ellenborough, in Robertson v. French, 4 East, p. 130. See Kent's Comm., vol. iii. p. 261. ed. 1844. tioned on the margin, are thereby considered as narrowed in point of construction to that one. (w) The subsequent portions of this work will furnish abundant instances of this rule of construction. § 47. RULE VI. It is also a rule, founded on the same principle, that greater strictness of construction should be applied to these clauses and stipulations, which the parties have themselves introduced, than to the words of the printed formula, which are adapted to all other cases of insurance on similar subjects, and not confined to the circumstances of the particular adventure. (x) Frequent illustrations of this rule will be afforded when we come to speak of clauses giving a liberty to touch and stay, express warranties, and other written stipulations, by which the parties to the policy seek, either to enlarge, or to limit the protection afforded by the common printed form. (w) 4 East, 140, and see Robinson v. Tobin, 1 Stark. 336. See also Haughton v. Ewbank, 4 Camp. 88. (x) Emerigon, chap. ii, sect. vii, vol. i. p. 55. ed. 1827. CHAP. IV. OF THE PARTIES REALLY INTERESTED IN THE POLICY. SECT. I. Who may be Insurers, Different Modes of transacting the Business of Marine Insurance by Public Companies and Private Underwriters. insurers. Different modes of transacting the business of Marine Insur § 48. Ir is the plain interest of every great mercantile state Who may be to assist by every means in its power the efforts of its merchants and shipowners, to protect their property by marine insurance and it is the wisdom of such a government to allow the parties interested themselves to adopt any means of so protecting it, which, while not injurious to the common weal, may in their judgment appear best suited to the objects they have in view. The legislature of this country, though always sufficiently alive to the duty of encouraging the practice of marine in surance, was for some time unwise enough to interfere with the free and natural course of the business, by confining the exercise of it to private underwriters, and the two old companies, the Royal Exchange, and the London Assurance; to which, by an act passed in the year 1719 (a), it granted the exclusive right of making insurances as a company, or partnership, on a joint capital. This impolitic restriction, after continuing in force for more than 100 years, was abolished in the year 1824 by an act (b), which put an end to the exclusive privileges of the two old companies, and restored the business of marine insurance to that footing of natural freedom and open competition, which all experience proves to be most conducive to the best interest of every trading community. (c) (a) 6 G. 1. c. 18. (b) 5 G. 4. c. 114, (c) During the colonial government of America, and for the first twenty ance by public companies and writers. private under The monopoly the Royal Exchange and conferred on London As surance Com panies now done away with by 5 G. 4. c. 114 G Who may be insurers. Different acting the business of After the passing of this act several new companies sprang into existence, some of which, having been formed and conmodes of trans- ducted without a due knowledge of the principles of the business, were speedily abandoned; but many others still remain, both here, and in Scotland and Ireland: of the London companies, the Alliance Marine, and the Indemnity Mutual Marine, have probably the largest share of business. Marine Insur ance by public companies and private under writers. Marine In surance in the United States carried on In the United States, where the practice of marine insurance has been unencumbered by any legislative restriction, it is almost wholly carried on by companies: in England, almost entirely by companies. however, this is not so, but, while all fire and life insurances are made at the risk of companies, the great bulk of the business of marine insurance is still in the hands of private underwriters. The private underwriters at Lloyd's. Lloyd's rooms. Lloyd's agents. § 49. The private underwriters in London meet and carry on their business in subscription rooms over the Royal Exchange, called Lloyd's (e); consisting of two apartments, one, in which the underwriters sit for the transaction of business with their employers, called the public room, and another, called the private room, opening out of the first. The affairs of the subscribers to these rooms are managed by a committee, chosen from their own number, called Lloyd's committee, and presided over by a chairman. Agents (generally called Lloyd's agents) are appointed by this committee in all the principal ports of the world, whose business it is regularly to forward to Lloyd's, accounts of all departures from and arrivals at their ports, as well as of losses years after the peace of 1783, the busi- The (e) From a coffee-house of that name in Lombard Street, where, about the middle of last century, the underwriters first began to meet. name Lloyd's has been adopted both in our own great provincial towns and abroad. The French Lloyd's, esta blished in Paris, has a considerable share of business. (See Vaucher's Guide to Marine Insurances.) |