DAMAGE done by sea-damaged goods to other goods, 98 allowance for, 216 done, limit of shipowner's liability for, 243 Damage done to cargo by carrying ship covered by Full Protection 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 Date of loss of missing ship, assured on time policy not bound to " 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 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 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 Documenting, proper, of ship involved in warranty of nationality, 261 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," must be specified in policy, 45 Effervescence, 103 Efficiency of ship, restoration of, does not imply exact reinstatement, 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 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 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 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. 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 Fire, 100-105 only elemental peril named in policy besides sea peril, 100 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 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 "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 (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) under Memorandum must be attained by actual material damage, named in Memorandum originally meant to be deducted from claim, need now only to be attained to secure payment in full, 195 Franchise-continued proper expression of this condition of franchise, 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- 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 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 provides for payment of certain special charges, 186 (bis) restricted by incorporation of Suez Canal grounding clause, 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 valuation under open policy, 67 insurable interest in, 85, 86 depends on existence of legally enforceable contract, 85 alien to ideas of English law, 88 De Courcy's critique of alleged French prohibition of insurance of loss of, proximate cause of, 143 should freight come into calculation regarding constructive total of ship which has become constructive total loss, 153 if afterwards earned by ship nullifies shipowner's claim if afterwards earned by substituted ship does not pass to does not enter into calculations respecting constructive total loss of difference between English and foreign law as to partial perform- Freight, distance, not in accordance with English law, 161 as loans, 161 as out and out payments (advance freight), 162 loss of, two meanings distinguished by Lord Truro, 162 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 through detention, 166 involved in particular average on goods, 198 consequent French practice of insuring against total loss only particular average on, 200 does not necessarily presuppose particular average on goods, 200 usually insured on memorandum terms, but occasionally free of 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 prepayment of, as affecting claims for partial loss of freight, 203 claim can only arise from loss of hire during currency of 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, prepaid, of goods sacrificed in General Average made good to French Code of Commerce, 5 law regarding insurance of freight, 86, 88 Frêt à faire, 86, 87, 88 acquis, 86, 88 '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 |