Belgian definition of marine insurance (in law of 1874), 11 note Benecke, W., System of Marine Insurance and Bottomry, 65 only applicable to current merchandise to and from important his explanation of the origin of the Memorandum, 172 Bill of exchange, I lading, I Binding clause in Lloyd's policies, 127 in companies' policies, 127 Board of Trade's tests of cables and anchors, 210 effect of, 210 regulations as affecting questions of seaworthiness, 272 but in ordinary English policy insured nominatim, 46 Boilers covered by policy on steamer, 46 explosion of, 117 Bonds not properly described in policy as "goods and merchandise, ' 45 Both to blame, 249, and see Collision Bottomry considered a particular species of insurance, 44, 84 bond, 84, 295 lender's insurable interest in, 84 lender forbidden by Ordinance of Louis XIV. to insure lender permitted by German Code to insure loan and in- borrower forbidden by Ordinance of Louis XIV. to insure, 84 a means of raising money to meet general average disburse- Breach of representation, penalty for, 265 warranty, penalty for, 263 clause, 264 Bremen, conditions of marine insurance, 6 Broker, brokerage, 12 Brokerage, total loss of, 167 Bruges, 4 (bis) Burgos, ordinance of, 5 Burning, what constitutes, in sense of Memorandum, 181 must amount to substantial burning of the ship as a whole, 181 note Buyer's insurable interest in goods, 79, 80 CABLES, wear and tear of, 209 Board of Trade tests of chain, 210 chain, subject to deduction of one-sixth, 219 Canal risks not sea risks, 24 continental policies against, 42 Cancellation of open covers, 229 of policy a matter of mutual agreement between parties, 241, and note not at option of either party, 241 agreement for cancellation not provided in Return Clause, 241 Captor's insurable interest in ship, 82 Capture, 114 British, cannot legally be covered by British underwriters, 114 Cargo-owner has no lien for general average, 294 Cattle not properly described in policy as "goods and merchandise," 45 235 feed not properly described in policy as "goods and mer- Caulking and metalling clause in wooden ship policy, 211 Cause, proximate, 94, 97 Central America not included in "Pacific" in certain policies, 39 See Cables Change of voyage, 60 clause in floating policy, 61, 62 phrase implies that voyage actually completed is not that which was originally commenced, 63 Chartered freight. See Freight liability for general average, 300 Charterer's insurable interest in ship, 82 Clauses, marginal, how interpreted, 135, 136 printed or stamped, 135, 136 written, 135, 136 and text of policy taken as cumulative and not as mutually re- Clubs, small damage, 239 Coal for fuel covered by policy on steamer, 46 and other stores used for getting vessel off strand, 290 Code de Commerce of France, 5 Codes, their convenience and advantage, 6 their function, 6 Judge Duer's remarks on written law, 6 Codes, continental, admitted as evidence of law and practice, 7 of insurance, 5, 6 Colbert's Ordonnance de la Marine, 5 Collision clause. See Running-down Clause 'Collision," meaning of, in the Memorandum, 182, 245 various methods of including, in Memorandum, 182 in F. P. A. Clause, 185, and note liability for damage done by, not covered in ordinary Lloyd's Lord Denman's reason for this, 243 damage does not include damage to floating buoys, pontoons, stages, piers, jetties, quays, etc., 245 occurring in foreign jurisdiction deprives English vessel of limita- liability of ship limited for each separate, 246 what constitutes a separate, 246 query as to American law in cases of double collision, 247 note with two ships may constitute only one collision, 246 liability for, does not exist without proof of negligence, 247 inevitable, 247 inscrutable, 247, 248 tendency to regard as cases of both to blame, 248 one vessel to blame, 248, 249 method of adjustment of claim on underwriters, 249 both vessels to blame, 249 two modes of settling liability, 249 practice of settlement in English Admiralty Court, 249 single liability and cross liability, 250, 251 of ships of same ownership, 252 special addition to collision clause, 252 of vessel in tow, 252, 253 claims against underwriters, items included in, 253 Commencement of risk "at a port, 36, 37 "" from a port, 36, 37, 38 Commission on cost of repairs of ship not allowed to shipowner, 219 Concealment vitiates insurance, 267 forbidden equally to assured and underwriter, 275 penalty for, voidability of policy at option of injured party, 275 of an immaterial fact is difficult to conceive, 276 Concealment by broker of facts known to him vitiates insurance, 276, 277 Concurrent repairs on account of owner and underwriter, 208 Condemnation, III Consideration essential to legal English contract, 14, 23. See Premium honour, 14 statement of, not demanded by Stamp Act as essential to clause in policy, 128 Consignee's insurable interest in goods, 80 Consolato del Mare, 3 (bis), 8 Construction of policy, Duer's statement of controlling principle, 131 Lord Ellenborough's dictum, 131 every word to have its proper value, 131 the meaning to be taken from the tenor of the whole instrument words to be understood in ordinary popular sense, 131, unless (b) context renders ordinary sense inadmissible, 134-136. See Context of clauses printed in margin of policy, 135, 136 stamped on or attached to policy, 135, 136 Constructive Total Loss, meaning of phrase, 147 Tindal, C. J., 150 Patterson, J., 151 Wilde, B., 151 should freight come into calculation? 151 insured value not regarded in determining question of, 151 law of United States, 151 law of France and Italy, 151 law of Germany, 151 current freight of ship which has become, 153 of Goods from change of species, 154 from destruction of contemplated venture, 154 examples, 155 from reconditioning, reshipping, and forwarding expenses consideration of position of prudent uninsured owner in such of insured owner, 156 should freight enter into the calculation? 156, 157 Constructive Total Loss-continued. discussion of reasons for difference in the cases of insured and of Freight from detention, 166 Claims for Constructive Total Loss, how settled, 170 reasons for this procedure, 170 Context as affecting construction of policy, 134-136 must be regarded as forming part of one and the same contract, 134 application of principle ejusdem generis, 135 Continent, meaning of word in insurances, 40 an agreement to issue supplementary policy, 237 Contraband of war, carrying of, is not illegal trading, if England for aliens is illegal if England at war, 269 Contributing Interests and Values, 298. comparative table of, in different countries, 304, 305 Corn" in Memorandum includes malt and pease but not rice, 173 Countermarque or countermart, 112 Court of Policies of Insurance founded in 1601, 7 constitution of, 7 reason of inactivity, 7 fallen into disuse by 1720, 7 Craft, 46 risk at commencement of voyage not covered unless specified in risk not covered for consignee on goods bought f.0.b., 51 clause does not extend risk after assured's property in goods ceases, 57 and raft risk in North American timber trade, 132 stranding of, not equivalent to stranding of ship as regards in Free of Particular Average Clause, 185 Crew, sufficiency of, 272, 273 Crimea, 4 Cross liability and single liability in collision cases, 250, 251 See Usage must be custom of particular trade concerned, not universal trade custom, 132 will be enforced if shown to be in intention of parties, 132 unless unreasonable and repugnant to words of contract, 132 'Custom of Lloyd's," 213 note as to liquid and fragile goods, 172 Customary, average as, 190 Average Clauses, 193, and Appendices M and N |