longer at risk after the termination of such voyage. The Sect. 517. Court of Exchequer Chamber, however, held the plaintiffs entitled to recover, since that was not a separate sum paid in respect of the voyage to the Falkland Islands, but part of an entire sum payable for the whole voyage insured, which therefore remained at risk till the ship arrived in Havre, her port of discharge in Europe (c). part of the voyage. 518. When a ship is going to touch at a port short of that Insurance for where the cargo is to be landed, the freight may be insured to the intermediate port only. The voyage to that port is not a different voyage from that on which the freight is earned; it is only a part of the larger voyage. A ship with a cargo for Gothenburg sailed for Portsmouth to call there for convoy. A policy was effected on freight to Portsmouth, and the underwriter was not informed that the ultimate destination of the ship and cargo was Gothenburg. It was held that the assured could recover for a loss which happened before the ship reached Portsmouth (d). at an interme 519. If freight be insured from one port to another, and Freight of the assured, in pursuance of leave granted by the policy, takes goods loaded goods on board at an intermediate port destined for the diate port. terminus ad quem, the freight on these goods is covered (e). When there is leave to trade at intermediate ports, the freight on any goods taken on board at any of these ports to be carried to any other is no doubt protected; for policies on trading voyages must be liberally construed, and the parties must be taken to have intended to protect such freight. 520. The ordinary policy provides that the insurance on End of risk a vessel shall end after she has been moored twenty-four on freight. hours in good safety, and on goods when they are safely landed. Though this policy is commonly used for freight (c) Ellis v. Lafone (Exch. Ch.) (1853), 8 Ex. 546; 22 L. J. Ex. 124. (d) Taylor v. Wilson (1812), 15 East, 324; overruling Murdock v. Potts (1795), 2 Park, 634; Hall v. (e) Barclay v. Stirling (1816), 5 Sect. 520. insurances, there is no clause determining the end of the risk on freight. Usually the freight is not payable until the goods are delivered. When this is so, it is submitted that, under a voyage policy to the place of discharge, the risk continues as long as the goods remain in the custody of the shipowner exposed to maritime perils, provided there be no unjustifiable delay in discharging them (ƒ). Time policy on freight. 521. Freight is often insured by time policies. So far as the duration of the risk is concerned, the rules relating to time policies on ships are applicable to insurances on freight (g). In one case it was argued that a loss of freight could not be recovered because the voyage, if there had been no loss, would not have been completed within the time for which the insurance had been effected; for the freight could not be earned during the time covered by the insurance. But this absurd contention was overruled. It was held that as freight can be insured for a part of a voyage, so also it can be for a limited period, during which it is at risk (h). (f) Marshall, 225. Where the freight of a voyage from London to Madeira and Jamaica was agreed to be paid in wine to be put on board at Madeira, the Court of Common Pleas were of opinion that the risk under a policy on freight at and from London to Jamaica endured until the freight wine was safely carried to Jamaica in the ship. Atty v. Lindo (1805), 1 B. & P. N. R. 236. (g) See ante, Chap. XVI. (h) Michael . Gillespie (1857), 2 C. B. N. S. 627; 26 L. J. C. P. 306. sentation and 522. In almost every instance in which a policy of sea of misrepreassurance is effected, the underwriter must rely solely on the concealment good faith of the assured for supplying him with full and generally. true information of many of those facts on which the character and nature of the risk, and consequently the rate of premium, depends. It is to the assured that all communications respecting the actual state of the property proposed for insurance, such as the time and place at which the goods are to be loaded, or the ship is to sail—the force and equipment of the vessel, her then situation, and progress in her voyage, &c.— are in the first instance addressed: he is thus the natural and sole depositary of much of that information, a full and true communication of which is absolutely essential to the underwriter in order that he may form a right judgment of the nature of the risk and the proper rate of premium. VOL. I. R R |