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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
no compulsion on assured to tender, 147
possible results to assured of not tendering, 147
acceptance of, is definitely operative, 148, 149

if accepted transfers interest to underwriter immediately, 148
is declined if no answer is given to notice of abandonment, 148
the word is of great force, 149

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
of ship carries with it transfer of freight to underwriter, 153

Acceptance of risk, 12

"

'subject to approval” (s.a.), 15

of oral quotation, within what period to be signified, 15

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Aden, properly classed as an East Indian port? 40

Adjustment of Constructive Total Loss, 170

salvage loss, 170

particular average, 195-198

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cost of, allowed when professional adjuster employed, 200
not usually allowed when made up by assured or his employee,

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
Average

Advance freight, 162

how treated when part cargo sold at port of refuge, 163, 164
Advances, insurable interest in, 83

Adventure, particulars of, in slip, 13, 23

essential to policy, 20, 23

destruction of, contemplated, 154, 155
Adventures insured against. See Perils

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
Alien enemies, not protected by English policy of insurance, 32, 33
trade with, illegal if England at war, 269

"All other perils," 115-118

limitation of signification to perils ejusdem generis, 116, 117
Lord Ellenborough's dictum, 116

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
taken in sense least favourable to underwriters, 136

American lakes, risks on, not sea risks, 24

American law of insurance based on Lord Mansfield's decisions and
dicta, 8

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
“Appertain" in policy denotes ownership as only interest originally
insurable, 32

Apportionment of general average, 301

Appurtenances necessary or usual for a ship on a given voyage are
covered by a policy on ship for that voyage, 45

Arbitration displacing law proceedings before 1756, 7

Armament covered by policy on ship, 45

Arrests, 115

Arrival at a port, 38, 54

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twenty-four hours after, 54

thirty days after, or until sailing on next voyage, 55
effect of words "and arrival" in Return Clause, 240

'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

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"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
unless delay caused by genuine preparations for the voyage insured, 41
Attestation clause in Lloyd's policies, 128

in companies' policies, 129

Auf gute oder schlechte Nachricht, 35

Authority required for undertaking sue and labour operations 123, 124
given by shipowner, 123

captain, 124

underwriter, 124

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'average unless general," 174

"unless general" equivalent to " 'particular average," 174, 185
particular, 188-220. See Particular Average

"as customary," 191

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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
Average Agreement or Average Bond, 293, 294

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

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