Usage, always considered even when meaning of words plain (Lord Ellenborough), 133 not merely explains, but also controls policy (Buller, J.), 133 difficulty of enforcing control without introducing contradiction, 134 VALUATION, 64-75 limited by considerations of indemnity, 65 ship, 67 other subjects of insurance, 67 in steamer's policies, 207, 238 Mr. Justice Willes's views, 68 mere exaggeration of, does not avoid policy, 68 outrageously large, as evidence of intended fraud, 69 not binding for ascertaining whether loss is constructive total loss or not, 70, 151 effect in law of amount of valuation, 70, 151 not affected by mistake, 71 American law on, 72 French law on, 72 German law on, 72, 73 Dutch, Belgian, and Portuguese law on, 73 Italian law on, 73 Spanish law on, 73, 74 Valuation Clause, 74, 75, 152, 153 Value of ship, Lowndes's theory of, 74 valid if no fraud or wagering, 71 limitations and advantages of, 68 Mr. Justice Willes's memorandum on, 68 Vice propre not a peril insured against, 93, 154, 100 gaming, 77 deviation, 271 illegality of trade, 271, 272 Vitriol always carried on deck, 44 Void, insurance rendered, by introducing into the po icy words interest Volucius Maecianus, 279 Voyage (viaggium) named in policy, how interpreted in law, 37 meaning of the word in a time policy, 236 Voyage policy, 18 may extend thirty days after arrival at destination, 20 WAGER distinguished from insurance, 76 as per Mr. Justice Lawrence, 77, 78 policy, 18, 68 Wagering, by way of," words render insurance void, 77 Waiver clause, 120-126 object of, 121 recognises that underwriter may make efforts to salve, 122 Warehouse rent in Free of Particular Average clause, 185, 222 Warranties, 259-271 modern, 263 Liverpool slip, 264, and Appendix L Warranty, two senses of word, 259 used in a special sense in marine insurance, 260 note express, 260-264 must be written or printed on face of policy, 260 whether in body or margin, at foot or transversely, 261 any explicit reference on face of policy to any special rules most decisions on, are old, 261 no special form essential, 261 need not contain word "warranted," 261 may consist of only one word, 261 of nationality, 261 involves proper documenting of vessel, 261 of armament and equipment, 262 Warranty of convoy, 262 penalty for breach of, 262, 273 in interpretation of, words taken in commercial sense, 262 but read strictly and literally, 263 of sailing, distinction between "to sail" by a named date and " modern forms of, 263 breach of, clause, 264 implied, 267-271 the substratum of every English insurance contract, 268 1. That the venture be carried out without deviation, 268 3. That the ship carrying out the venture be seaworthy, but No. 3 does not apply to time policies, 270 Wear and tear not insured against, 93, 190 in particular average claims on ship, 208, 211 perhaps too leniently treated, 210 as cause of damage and break in propellor shafts, 210, 211 Wendt, Dr. E. E., 6 (bis) Wharfinger's insurable interest in goods, 79 'Whole, average payable on the," meaning and effect of clause, 136 194, 207 Willes, Mr. Justice, memorandum on over-insurance, valued policy Windlass, wear and tear of, 209 Wisby, laws of, 3 (bis), 8 Wooden ships, caulking and metalling clauses, 211 Wreck, expense of removal of, not covered by ordinary policy, 256 by whom borne, 256 not transferred to underwriter by abandonment, 256 not payable by cargo-owner when his consent to operations has covered by Full Protection Policy, 257 Wrecking Organisations, 123. See Salvage Associations Written clauses in policy, interpretation of, 135, 136 if conflicting with printed text control it, 136 YORK-ANTWERP Rules, 306, 307, and Appendix H THE END |