name and names of all and every other person or persons to whom the same doth, may, or shall appertain, in part or in all doth make assurance and cause 3 and them, and every of them, to be insured lost or not lost, at and from 4 Upon any kind of goods and merchandises, and also upon is master under God, for this present voyage,6 * The blanks in the policy are filled up in writing. At the end special clauses are inserted, or they may be put in the margin. The Company form usually provides a blank in which the amount insured is expressed in words. Lloyd's policy has no such blank, probably because the sum insured is split up among the various "names" subscribing the policy. Taking a policy on goods as an illustration, the blanks might be filled up as follows: (1) "John Brown," or " John Brown and [or] as agent"; (2) "his"; (3) "himself"; (*) "Madras to London"; (5) "Calliope"; (6) "William Smith," but commonly left blank; (') as above"; (8) "as above' (9) usually left blank; (10) " "A. B. 100 bales cotton valued at £1000." 66 from the loading thereof aboard the said ship,7 upon the said ship, etc.8 and so shall continue and endure, during her abode there, upon the said ship, etc. And further, until the said ship, with all her ordnance, tackle, apparel, etc., and goods and merchandises whatsoever shall be arrived at 8 upon the said ship, etc., until she hath moored at anchor twenty-four hours in good safety; and upon the goods and merchandises, until the same be there discharged and safely landed. And it shall be lawful for the said ship, etc., in this voyage, to proceed and sail to and touch and stay at any ports or places whatsoever9 without prejudice to this insurance. The said ship, etc., goods and merchandises, etc., for so much as concerns the assured by agreement between the assured and assurers in this policy, are and shall be valued at 10 Touching the adventures and perils which we, the assurers, are contented to bear and do take upon us in this voyage: they are of the seas, men of war, fire, enemies, pirates, rovers, thieves, jettisons, letters of mart and countermart surprisals, takings at sea, arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever, barratry of the master and mariners, and of all other perils, losses, and misfortunes, that have or shall come to the hurt, detriment, or damage of the said goods, and merchandises, and ship, etc., or any part thereof. And Sue and in case of any loss or misfortune it shall be lawful to the clause. assured, their factors, servants and assigns, to sue, labour, and travel for, in and about the defence, safeguard, and recovery of the said goods and merchandises, and ship, etc., or any part thereof, without prejudice to this insurance; to the charges whereof we, the assurers, will labour Waiver clause. Memorandum. contribute each one according to the rate and quantity of his sum herein assured. And it is especially declared and agreed that no acts of the insurer or insured in recovering, saving, or preserving the property insured shall be considered as a waiver, or acceptance of abandonment. And it is agreed by us, the insurers, that this writing or policy of assurance shall be of as much force and effect as the surest writing or policy of assurance heretofore made in Lombard Street, or in the Royal Exchange, or elsewhere in London. And so we, the assurers, are contented, and do hereby promise and bind ourselves, each one for his own part, our heirs, executors, and goods to the assured, their executors, administrators, and assigns, for the true performance of the premises, confessing ourselves paid the consideration due unto us for this assurance by the assured, at and after the rate of. IN WITNESS whereof we, the assurers, have subscribed our names and sums assured in London. N.B.-Corn, fish, salt, fruit, flour, and seed are warranted free from average, unless general, or the ship be stranded—sugar, tobacco, hemp, flax, hides, and skins are warranted free from average, under five pounds per cent., and all other goods, also the ship and freight, are warranted free from average, under three pounds per cent., unless general, or the ship be stranded. NOTE.-Lloyd's Policy.-The policy was settled in its present form in 1779, but most of its provisions are of much older date. The "Memorandum was added in 1749. Lloyd's policy has twice been scheduled to statutes now repealed (see 35 Geo. 3 c. 63, and 30 & 31 Vict. c. 23). The judges have not been complimentary to i's drafting. Mansfield, C.J., has described it as "a very strange instrument."1 Lawrence, J., has described it as "drawn with much laxity," 2 and 1 Le Cheminant v. Pearson (1812), 4 Taunt. 380. Buller, J., says that "a policy of assurance has at all times bee considered in courts of law as an absurd and incoherent instrument, out it is founded on usage, and must be governed and construed by usage." 1 The classes concerned nevertheless cling to it with inveterate co.?stancy. Many of the insurance companies have slightly altered some of its provisions, but it is recognized as the typical British policy. Every line, and almost every word, of it has been judicially construed, and has now acquired a conventional meaning. The policy is framed as a ship and goods policy. Hence presumably the letters S. G. in the margin, though some learned persons suggest that those letters stand for "salutis gratiâ.” The policy consists of three inter-related but distinct engagements, namely, the insurance, the sue and labour clause, and the memorandum. All British insurance law has been developed through cases arising on the policy. In so far as those cases appear to establish general principles, which are independent of the terms of the policy, they are summarized in the provisions of the Digest. The main rules to be derived from the cases on the printed terms of the policy are summarized in this schedule. The policy itself, as noted above, is framed as an insurance on ship and goods. To make it apply to other interests and to meet the constantly changing requirements of modern commerce, special terms or "clauses are written in to the policy. These are constantly being altered to meet new requirements. These clauses are business stipulations, and must be construed from a business, and not a technical, point of view.2 The decisions on these special provisions are numerous, but each case turns on the particular language used. If the special clause be inconsistent with the provisions of the printed policy, the special clause must prevail.3 For a general canon of construction, see Hart v. Standard Ins. Co. (1889), 22 Q. B. D. at p. 501, per Lord Bowen. For a form of company policy (Alliance Marine), see Owen's Notes and Clauses, Ed. 3, p. 6; and for forms of American policies and clauses, see ibid. pp. 230-244. For the form of the oldest extant English policy (1613), see Martin's History of Lloyd's, p. 46. For a form of an Italian policy, dated 1523, see Lowndes, Ed. 2, p. 233. 'Brough v. Whitmore (1791), 4 T. R. at p. 210. 2 Tatham v. Burr (1898), A. C. at p. 386. 3 Hydarnes S.S. Co. v. Indemnity Mutual Mar. Ass. Co. (1895), IQ. B. 500, C. A.; cf. Dudgeon v. Pembroke (1877), 2 App. Cas. 284. Lost or not lost From. At and from. [Ship.] [Freight.] Rules for Construction of Policy. The following are the rules referred to by § 31 of this Digest for the construction of a policy in the above or other like form, where the context does not otherwise require : 1. Where the subject-matter is insured "lost or not lost," and the loss has occurred before the contract is concluded, the risk attaches unless, at such time, the assured was aware of the loss, and the insurer was not.1 2. Where the subject-matter is insured "from a particular place, the risk does not attach until the ship starts on the voyage insured.2 3. (a.) Where a ship is insured "at and from a particular place, and she is at that place in good safety when the contract is concluded, the risk attaches immediately.3 (b.) If she be not at that place when the contract is concluded, the risk attaches as soon as she arrives there in good safety, and, unless the policy otherwise provides, it is immaterial that she is covered by another policy for a specified time after arrival.1 (c.) Where chartered freight is insured "at and from " a particular place, and the ship is at that place in good safety when the contract is concluded, the risk attaches immediately. If she be not there when the contract is concluded, the risk attaches as soon as she arrives there in good safety.5 1 McArthur, Ed. 2, p. 80; cf. Mead v. Davison (1835), 3 A. & E. 303; Gledstanes v. Royal Exchange Corporation (1864), 34 L. J. Q. B. 35 (floating policy); Bradford v. Symondson (1881), 7 Q. B. D. 456, C. A. (re-insurance); and see § 6 and notes. 2 McArthur, Ed. 2, p. 81; Arnould, Ed. 6, p. 388; and § 46 and notes. 3 McArthur, Ed. 2, p. 81; Palmer v. Marshall (1831), 8 Bing. 79. Haughton v. Empire Mar. Ins. Co. (1865), * McArthur, Ed. 2, p. 82; L. R. 1 Ex. 205. 5 McArthur, Ed. 2, p. 101; Foley v. United Mar. Ins. Co. (1870), L. R. 5 C. P. 155. |