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DAMAGE done by sea-damaged goods to other goods, 98
unrepaired, to ship, how charged, 216

allowance for, 216

done, limit of shipowner's liability for, 243

Damage done to cargo by carrying ship covered by Full Protection
Policy, 255

except in certain cases, 255

harbours, docks, and other fixed property covered by Full Protection

Policy, 255

engines in working steamer off strand, 289

cargo in General Average, shipowner must take proper steps for
adjustment and payment of, 294

Date of loss of missing ship, assured on time policy not bound to
prove, 237

"

Deck cargo not covered by policy on goods or merchandise," 44

jettison of. See Jettison

Deductions from cost of repairs, 218, 219

do not apply to ship's first voyage, 219

from cost of repairs allowed in General Average, 295, 296
Delay, undue, at port of loading regarded as deviation, 41, 228
change of voyage, 53

Demurrage allowed in collision claims, 253, 292

at port of refuge not allowed in General Average, 292

Denman, Lord, on construction of documents, 53

Deposit, General Average, 293, 294

shipowner has right to demand, 294

Designation of ship in policy, 47

master in policy, 47

Detainments, 114

Detention as cause of loss of freight, 166, 167

clause, 167

effect of, 167

Deviation, 58-63

limited in steamer time wording, 235

clauses, 61

may be barratrous, 109

is barratrous if intent of deviation is criminal, 109

as vitiating insurance, 271

Diligence, due, to complete voyage must be observed, 41
Diminishing clause in time insurances on freight, 233
Disbursements insured on time, 232

two classes of, 232

second class viewed with disfavour by underwriters, 232

Discharge at quay, 56

into barge, 56

former usage at Archangel, 133

Disclosure. See Concealment

Dispatch, extra charges for, in repairing ship, how treated 215

Distance-freight not recognised by English law, 161

reason for this peculiarity, 161

results as regards claims on freight policies for particular average
and salvage loss, 201

Documenting, proper, of ship involved in warranty of nationality, 261
Documents of value not properly described as “ 'goods and merchan-
dises," 45

required in proving claims for Total Loss, 167, 168

Double insurance.

Particular Average, 220

See Multiple Insurance

Duer, Judge John, explanation of, disregard of insurance in early sea

laws, 3

remarks on written law, 6

definition of marine insurance, II note

Dunnage unless permanent not covered by policy on ship, 46

EARTHQUAKE may be a peril of the seas, 99

Effects of master not covered by policy on "goods and merchandises,"
45

must be specified in policy, 45

Effervescence, 103

Efficiency of ship, restoration of, does not imply exact reinstatement,
208

Ejusdem generis, 116, 117

a leading principle of interpretation of policy, 134, 135

principle controls general scope and purport of policy, 135

Elements, loss and damage arising extraordinarily from, are perils of
the seas, 99

ordinary and extraordinary action of, 97 note

perils of nature or of the elements, 100-105

Embargo, 114

Enemies. See Aliens

alien not protected by English policy of insurance, 32, 33

meaning of word in policy, 112

Engines covered by policy on steamer, 46

Europe, meaning of word in insurances, 40

Exorbitant valuation as evidence of fraud, 70

Expenses of proving claim for Total Loss not allowed, 168

partial loss payable only when material
damage attains franchise, 180

of survey, etc., unless claim results, fall on merchant, 199

Expiry of previous policies, 38

Explosion distinguished from ignition, 104 and note

damage done by, not on board insured vessel, 105
Lord Esher's earlier views, 117

later views, 118

of boiler, 117

of dynamite, 104

Explosion of steam, 103, 104

resulting from fire covered by word

resulting from impact, 104

Extra charges, incidence of, 125

'fire" in policy, 104

Extraordinary, transition from ordinary to, 97

F.A.A.
F. C. & S.

See Free of All Average

See Free of Capture, etc.

F.G.A. See Foreign General Average

F.P.A. See Free of Particular Average

Factors, servants, assigns, under sue and labour clause, who are, 225
Finland, Gulf of, included in Baltic Sea, 39

Fire, 100-105

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only elemental peril named in policy besides sea peril, 100
includes lightning, 101

intentional, non-fraudulent burning, 101, 102

accidental fire rising from negligence, 101

to prevent spread of pestilence, how treated, 102

liability of underwriters for, if caused by spontaneous combustion
of other goods, 103

damage done by, not on board insured vessel, 104

'Fire, on," effect of these words when added to Memorandum, 181

note

Firm offer, popular opinion of obligation, 14

erroneous in absence of consideration, 14

First voyage, no deductions made from repairs, 219

Fittings, permanent, covered by policy on ship or steamer, 46
temporary, not covered by policy on ship or steamer, 46

"Flax

"

in Memorandum does not include jute, 173

Floating policy, 18

with " change of voyage" clause, 61

on goods not strictly a time policy, 231

Florence, Ordinance of, 5

Fodder for live stock must be specifically named in policy, 45

Force and effect of the policy, 126

Force majeure, 45

Foreign General Average, when enforced by English law, 303, 304
contributing interests and value, 304, 305

(F.G.A.) clause, 309, 310

Forwarding charges included in free of particular average clause, 186,

222

Franchise varies with susceptibility of goods to damage, 192 (bis)
intended to exclude petty claims, 192

under Memorandum must be attained by actual material damage,
179

named in Memorandum originally meant to be deducted from claim,
188, 195

need now only to be attained to secure payment in full, 195

Franchise-continued

proper expression of this condition of franchise, 195
une fois atteinte, remboursement intégral, 195
toujours déduite, 195

in time policies applies to each separate voyage, 235

in some time policies 1 per cent, 239

Fraud plainly evidenced by outrageously large or exorbitant valua-
tions, 69, 70

not often, if ever, deduced from figures alone, 69

entirely vitiates contract of insurance, 69

Free of All Average (F.A. A. ) policy liable for total loss of a species, 191
effect of this, 191

Free of Capture and Seizure (F. C. & S.) Clause, 115

effect of deletion of, 115

Free of Particular Average (F.P.A.) clause, 183-188

a development of the Memorandum, 183

when inserted in a policy overrides Memorandum, 184
various forms of, 184-187

provides for payment of certain special charges, 186 (bis)
total loss of packages in transhipment, 186, 187

restricted by incorporation of Suez Canal grounding clause, 187
definitive form of clause adopted in 1883, 187

excludes reconditioning charges, 222

Freight, etymology of, 160 and note

not mentioned in text of English printed policy before 1749, 85,

160

on goods to West Coast of South America, due on discharge into
lighters at destination, 58

valuation under open policy, 67

insurable interest in, 85, 86

depends on existence of legally enforceable contract, 85
French law distinguishes frêt à faire and frêt acquis, 86, 87, 88
Emerigon's theory of the distinction, 88

alien to ideas of English law, 88

De Courcy's critique of alleged French prohibition of insurance of
freight, 88

loss of, proximate cause of, 143

should freight come into calculation regarding constructive total
loss of ship? 151

of ship which has become constructive total loss, 153

if afterwards earned by ship nullifies shipowner's claim
against freight underwriters, 153

if afterwards earned by substituted ship does not pass to
hull underwriters of original ship, 153

does not enter into calculations respecting constructive total loss of
goods from loss of contemplated venture, 157-159

difference between English and foreign law as to partial perform-
ance of freight contract, 160, 161

Freight, distance, not in accordance with English law, 161
prepayments on account of, how treated, 161

as loans, 161

as out and out payments (advance freight), 162

loss of, two meanings distinguished by Lord Truro, 162
owing to whole cargo becoming physically or commercially
incapable of being carried to destination, 162, 163

owing to part cargo, etc. (as above) 163, 164

treatment of advance freight in such cases, 163, 164

of cargo loaded in room of cargo destroyed, how to be treated, 165
loss of, through ship becoming incapable of carrying cargo to
destination, 165, 166

through detention, 166

involved in particular average on goods, 198

consequent French practice of insuring against total loss only
freight payable abroad, 199

particular average on, 200

does not necessarily presuppose particular average on goods,

200

usually insured on memorandum terms, but occasionally free of
Particular Average, 201

mere delay not sufficient to substantiate particular average claims

on, 201

delivery of goods at intermediate ports also insufficient (as above),

201

may substantiate claim for salvage loss in case of foreign
ship, 201

prepayment of, as affecting claims for partial loss of freight, 203
chartered, particular average on, 203-205

claim can only arise from loss of hire during currency of
policy of, 204

liability for General Average, 300

insurances on time, 232, 233

with diminishing clause, 233

chartered or as if chartered, on board or not on board, 233

full interest admitted, 233

payable at destination of goods sacrificed in General Average,
made good to shipowner, 297

prepaid, of goods sacrificed in General Average made good to
cargo-owner, 297

French Code of Commerce, 5

law regarding insurance of freight, 86, 88

Frêt à faire, 86, 87, 88

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acquis, 86, 88

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'From," commencement of risk from a port, 36, 37

Fuel covered by policy on steamer, 46

Furniture of fishing craft held not to include fishing stores, 46

Furs not included in Memorandum under "hides" or "skins," 173

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