APPENDIX N A Selection of Clauses in Occasional Use in Policies on Interest of all Kinds AVERAGE ONLY.-Being only to cover the risks excepted in the clause "warranted free from particular average unless the ship or craft be stranded, sunk, or burnt, etc.," but no claim to attach hereto unless it amount to......per cent on the whole interest. BONDED PRICES (adjustment).—In case of claim for particular average bonded prices are to be taken as the basis of settlement (especially in the case of tea, tobacco, coffee, wine, and spirits imported into this country). See Rules of Practice of Average Adjusters' Association. CRAFT CLAUSE—In all policies on cargo.—Including risk of craft to and from the vessel. Each craft or lighter to be deemed a separate insurance. GROUNDING—(a) Suez Canal. -Grounding in the Suez Canal not to be deemed a strand, but underwriters to pay any loss or damage which may be proved to have directly resulted therefrom. (b) River Plate.—Grounding in the River Plate (at or above La Plata) or its tributaries shall not be deemed a strand. (c) Manchester Ship Canal.-Grounding in the Manchester Ship Canal or its connections, or in the River Mersey above Rock Ferry Slip, if occurring on a voyage to or from a point on the Manchester Ship Canal, shall not be deemed to be a strand. (d) River Plate and Manchester Ship Canal.-Grounding in the River Plate (at or above La Plata) or its tributaries shall not be deemed a strand; nor shall grounding in the Manchester Ship Canal or its connections, nor in the River Mersey above Rock Ferry Slip, if occurring on a voyage to or from a point on the Manchester Ship Canal. (e) Suez Canal, River Plate, and Manchester Ship Canal.Grounding in the Suez Canal or River Plate (at or above La Plata) or its tributaries shall not be deemed a strand; nor shall grounding in the Manchester Ship Canal or its connections, or in the River Mersey above Rock Ferry Slip, if occurring on a voyage to or from a point on the Manchester Ship Canal. INLAND RISK-Outward.-Including all risks of inland conveyance to place of shipment and of fire in transit, and whilst awaiting shipment in docks, warehouses, or elsewhere. Inward. Including risks per inland conveyances from port of discharge to destination. Manchester outward.—Including the risk from Manchester to place of shipment by railway and/or other conveyance, and of fire in transit, and whilst waiting in docks, warehouses, or elsewhere. LOSS BEFORE DECLARATION.—In event of loss prior to declaration to be valued at invoice cost, adding charges and......per cent. NEGLIGENCE CLAUSE.—It is agreed that the assured shall not be prejudiced by the insertion in the bill of lading of the following clause : The act of God, perils of the sea, fire, barratry of the master and crew, enemies, pirates, thieves, arrest and restraint of princes, rulers, and people, collisions, stranding, and other accidents of navigation excepted, even when occasioned by the negligence, default, or error in judgment of the pilot, master, mariners, or other servants of the shipowner. TOTAL LOSS ONLY-(See also DISBURSEMENTS).-Being only against the risk of total loss. Being only against the risk of total loss of the vessel. Warranted free of all average, but to pay a total loss on such portion of the interest as does not reach its destination. Warranted free of all average, but to pay a total loss on such portion as does not reach its destination in the vessel named in the policy. TRADING CLAUSE.-Outward cargo to be deemed homeward interest twenty-four hours after arrival at first port or place of trade. GENERAL INDEX ABANDONMENT, 146-151 distinguished from notice of abandonment, 147 if accepted transfers interest to underwriter immediately, 148 examples, 149-151 when would uninsured owner resort to? 150 theoretical statement of uninsured owner's position regarding, 150 note of ship by insured owner, when legally substantiated, 150, 151 Acceptance of risk, 12 " 'subject to approval” (s.a.), 15 of oral quotation, within what period to be signified, 15 Aden, properly classed as an East Indian port? 40 Adjustment of Constructive Total Loss, 170 salvage loss, 170 particular average, 195-198 cost of, allowed when professional adjuster employed, 200 200 apportioned over interests concerned, 219 process of, 200, 219, 220 of particular average claims on ship, how arranged, 220 of general average, proper law and place of. See General Advance freight, 162 how treated when part cargo sold at port of refuge, 163, 164 Adventure, particulars of, in slip, 13, 23 essential to policy, 20, 23 destruction of, contemplated, 154, 155 Affreightment, contract of, as affecting liabilities of underwriter, 202 in connection with general average, 307 African trade, outward and homeward policies, 52 Agent, effect of phrase and/or as agent in the policy, 32 insurable interest of agent in ship, 82 See Factors. Agreement, general average, 293, 294 Algiers, properly classed as a French Mediterranean port? 40 "All other perils," 115-118 limitation of signification to perils ejusdem generis, 116, 117 limitation to marine damage, 116, 118 Allen's, E. K., Stamp Duties on Sea Insurances, 25 Ambiguities in policy controlled but not contradicted by usage, 133 American lakes, risks on, not sea risks, 24 American law of insurance based on Lord Mansfield's decisions and Amounts made good in general average, 295-298 Anchors allowed in full, 219 Antwerp, introduction of insurance into, 4 policy of 1622 refers to usage of Lombard Street, London, 4 Apportionment of general average, 301 Appurtenances necessary or usual for a ship on a given voyage are Arbitration displacing law proceedings before 1756, 7 Armament covered by policy on ship, 45 Arrests, 115 Arrival at a port, 38, 54 twenty-four hours after, 54 thirty days after, or until sailing on next voyage, 55 'Assigns, factors, and servants" in sense of Sue and Labour Clause, 225 Assignment of interest, 168 Assured, 11, 31, and passim name of assured in policy, 31 who may be named as assured in policy, 31 Assurer or underwriter, 11, and passim 'At," commencement of risk "at" a port, 36, 37 "At and from," commencement of risk "at and from a port, 36, 37 origin of form, 37 policy does not cover ship or goods unduly delayed at loading port, 40 "At and from" policy does not cover ship or goods unduly delayed in companies' policies, 129 Auf gute oder schlechte Nachricht, 35 Authority required for undertaking sue and labour operations 123, 124 captain, 124 underwriter, 124 'average unless general," 174 "unless general" equivalent to " 'particular average," 174, 185 "as customary," 191 free of all" (F. A. A.) policies, 191 pay loss of whole of a species, 191 "on the whole," 193 reasons for introducing "on the whole," 193 general, 278-313. See General Average shipowner need not accept, 294 consignee not bound to sign, 294 Average Deposit, 293, 294 shipowner has right to demand, 294 BAILEE'S insurable interest in goods, 79 Ballast, if not permanent, not covered by policy on ship, 46 Baltic Sea includes Gulf of Finland, 39 Barcelona, ordinances of, 5 Barratrous acts, examples of, 109 Barratry, 108-111, 145 Lord Hardwicke's definition, 109 Arnould's definition, 109 Lord Ellenborough's test, 109, 110 cannot occur with shipowner's consent, 109 arising out of intentional neglect of foreign customs regulations, 110 insurance against, Lord Mansfield's remark, 110 difference of English and French law on, 110 note reasonableness of insuring cargo-owner against, III may result in piracy, 113 Beaching constitutes strand, 177 |