applicable by mistake. In a case where the Lloyd's form of policy was filled up as Sect. 73. a time policy on ship, it was argued that various clauses Effect of inwhich were clearly only intended to refer to a voyage policy, printed words left standing but which had, nevertheless, been in this case, as in other similar cases, left standing, therefore applied to the policy in question. The House of Lords, however, reversing the judgment in the Exchequer Chamber, decided otherwise. "It has been suggested," said Lord Penzance, "that by reason of the policy having been drawn up on a printed form, the printed terms of which are applicable to a voyage, and also to goods as well as to the ship, the policy is something less or something more than a time policy. But the practice of mercantile men of writing into their printed forms the terms by which they desire to describe and limit the risk intended to be insured against, without striking out the words which may be applicable to a larger or different contract, is too well known, and has been too constantly recognized in courts of law, to permit of any such conclusion" (@). Hence it is, that in the familiar instance of words written in the margin, or at the foot of policies, such written words are considered as applying indefinitely to the whole of the policy, and as controlling the sense of those parts of the printed policy to which they apply. Thus, where the word "ship," or "freight," or "goods," is written in the margin of the policy, the general terms of the policy, applicable to other subjects besides the particular one mentioned on the margin, are thereby considered as narrowed in point of construction by relation to the word so written (b). The subsequent portions of this work will furnish abundant instances of this rule of construction. 130; per curiam, Gumm v. Tyrie (1864), 33 L. J. Q. B. 97; per Blackburn, J., in Joyce v. Realm Ins. Co. (1872), L. R. 7 Q. B. 583; per Lord Penzance in Dudgeon v. Pembroke (1877), 2 App. Cas. 293; see 3 Kent's Comm. 260. (a) Dudgeon v. Pembroke (1877), 2 App. Cas. 284; 1 Q. B. D. 96; L. R. 9 Q. B. 581. (b) 4 East, 140; and see Robinson v. Tobin (1816), 1 Stark. 356; see also Haughton v. Ewbank (1814), 4 Camp. 88. Sect. 74. 74. VI. It is also a rule, founded on the same principle, that greater strictness of construction should be applied to more strictly those clauses and stipulations, which the parties have them VI. And are also to be construed. VII. As to inexplicable ambiguity. selves introduced, than to the words of the printed formula, which are adapted to all other cases of insurance on similar subjects, and not confined to the circumstances of the particular adventure (c). Thus, in an insurance on freight, printed words intended to apply to ship or goods, but which the circumstances render absolutely inapplicable to the insurance contemplated by the parties, may be rejected altogether (ɗ). Frequent illustrations of this rule will be afforded when we come to speak of clauses giving a liberty to touch and stay, express warranties and other written stipulations, by which the parties to the policy seek either to enlarge or to limit the protection afforded by the common printed form. 75. VII. If conditions which are inserted for the protection of the underwriter be ambiguous, and the ambiguity is such as to be inexplicable by extrinsic evidence if admitted, the construction will lean towards the side of the assured rather than of the insurer (e), proper regard being, however, always paid to the business aspect of the case (ƒ). (c) 1 Emerigon, cii. s. 7, (e) Blackett v. Royal Exch. Ass. Cas. 345. In America there is authority for a much wider doctrine, according to which the whole of the policy is deemed to be the writing of the insurers, and is therefore in all cases of ambiguity to be construed against them. See First Nat. Bank of Kansas City v. Hartford F. Ins. Co. (1877), 95 U. S. 678; Travelers' Ins. Co. v. McConkey (1887), 127 ibid. 666. A number of cases are collected in the 14th vol. of Campbell's Ruling Cases, notes to Robertson v. French. (f) Stewart v. Merchants' Marine Ins. Co. (1885), 16 Q. B. D. at p. 626. insurers. 76. EVERY person capable of making a contract may be an Who may be insurer, and may authorize any person capable of being an agent to underwrite policies in his name and on his behalf. The practice of insuring with individuals was the earliest in use anywhere, and long continued to be followed in this country. 77. In the time of William III. and of Queen Anne, Lloyd's Lloyd's Coffee-house, at the corner of Abchurch Lane, in underwriters. Lombard Street, became the celebrated resort of seafaring men, and those that did business with them. There, and subsequently in Pope's Head Alley, and ultimately on the west side of the old Royal Exchange, at this coffee-house congregated the underwriters of London. For some time they had no organization; but in the latter part of the eighteenth century they formed themselves into an association or club with a committee of management, which became famous under the name of Lloyd's. In connection with this association they have developed a ramified system of agency radiating everywhere to the ports of the world, which is now become of imposing magnitude, essential to the business of marine insurance whether in the hands of individuals or of companies, and to the general interests of British commerce. Sect. 77. Lloyd's rooms. Lloyd's agents. Shipping Lloyd's List. Lloyd's underwriters now meet and carry on their business in spacious rooms over the Royal Exchange. In the underwriting rooms the underwriters sit at tables of the coffeehouse type, while the brokers and other subscribers pass from one underwriter to another and submit their "slips." There are also (1) an apartment in which the latest telegrams are exhibited for the information of members, and (2) a large room called the reading room, where all this information is carefully tabulated in volumes ranged alphabetically from one end of the room to the other. The corporate affairs of members, as distinguished from their underwriting business, are managed by a committee, elected by and from the members of Lloyd's and presided over by a chairman and deputy-chairman, the latter being the acting president. The committee, on the recommendation of an agency committee, on which the insurance companies are also represented, appoint agents of the corporation (generally called Lloyd's agents) in all the principal ports of the world, whose business it is regularly to forward to Lloyd's accounts of all departures from and arrivals at their ports, as well as of losses and casualties; and also general information bearing upon shipping and insurance (a). This information, which is now of course largely transmitted by telegraph, is posted up, when received, in the apartment mentioned above. The information thus received during each day is forthwith published in the "Shipping and Mercantile Gazette," a newspaper in which is incorporated what was formerly known as Lloyd's List. The columns of this "Gazette" are numbered, and the information is immediately indexed in the volumes referred to above-the date and column number of the Gazette being recorded against each entry (6). There is also at (a) By Lloyd's Signal Act, 1888, (51 & 52 Vict. c. 29), s. 2, the society may compulsorily acquire land for the purpose of erecting signal stations. (b) "The receipt of official news of capture, &c.," being a term in a policy, news of an embargo entered in Lloyd's "Lost Book" was held by a special jury at Guildhall, Erle, Lloyd's a register of captains, giving the record of every master during his whole career. It should be noted that Lloyd's agents, who, as has just been said, are appointed by the corporation, are not the agents of the individual underwriters. Still, they perform very important functions, e.g., as surveyors of damaged cargo, and in many ways render assistance where vessels put into a port of distress. The development of the telegraphic system, however, which enables masters of ships in most cases to communicate quickly with their owners, and through them to obtain instructions from the underwriters, has relieved the agents of much responsibility. Lloyd's underwriters individually sign their names at the foot of the policy, and opposite thereto the sum insured by each in figures and also in words, with the date of so doing (c). Each thereby makes a separate contract in the terms of the instrument with the assured of the particular amount set opposite to his name. The right of action in the assured is consequently against each separately, and not against all jointly (d). The committee of Lloyd's now require a deposit to cover the engagements of each member in his capacity as an underwriting member of the minimum amount of 5,000, with a view to maintaining the credit of the room. Formerly the committee were satisfied with a written guarantee to cover |