Sea Insurance According to British StatuteMacmillan, 1914 - 478 páginas |
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Términos y frases comunes
actual total loss adventure affreightment agent amount arising arrival Assce assured average adjusters barratry Bill of Lading Blackburn bottomry broker caused charges charter-party chartered freight circumstances claim consequence constructive total loss contribution Court damage deduction defendants destination deviation discharged effect expenses fact incurred Insce insurable interest insurable value jettison judgment labour clause liability Liverpool Lloyd's London Lord Ellenborough Lord Esher M.R. Lord Halsbury Lord Herschell Lord Mansfield Lord Tenterden loss of freight lost Marine Insurance maritime matter measure of indemnity merchant necessary notice of abandonment opinion ordinary owner paid partial loss particular average loss parties perils insured plaintiffs policy of insurance port premium principle provisions question reasonable reinsurance respect risk Royal Exchange rule sacrifice sailing salvage seaworthy ship and cargo shipowner stranding subject-matter insured subrogation suing and labouring transhipment underwriter unless valuation valued policy vessel voyage warranted free warranty whole words
Pasajes populares
Página xxxiv - ... 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, &c, or any part thereof.
Página xxxiv - Be it known that as well in own name as for and in the 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...
Página xxxv - 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.
Página xxxv - NB — 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.
Página xxxi - Subject to the foregoing provisions, where the insurer pays for a partial loss, he acquires no title to the subjectmatter insured, or such part of it as may remain, but he is thereupon subrogated to all rights and remedies of the assured in and in respect of the subject-matter insured as from the time of the casualty causing the loss, in so far as the assured has been indemnified, according to this Act, by such payment for the loss.
Página xxxiv - Part thereof; and in case of any Loss or Misfortune, it shall be lawful to the 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 contribute, each one according to the Rate and Quantity of his Sum herein assured.
Página xix - A warranty, as above defined, is a condition which must be exactly complied with, whether it be material to the risk or not. If it be not so complied with, then, subject to any express provision in the policy, the insurer is discharged from liability as from the date of the breach of warranty, but without prejudice to any liability incurred by him before that date.
Página 86 - 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...
Página xv - ... (a) every material circumstance which is known to himself, and an agent to insure is deemed to know every circumstance which in the ordinary course of business ought to be known by, or to have been communicated to, him; and (b) every material circumstance which the assured is bound to disclose, unless it come to his knowledge too late to communicate it to the agent.
Página xxvi - There is a general average act where any extraordinary sacrifice or expenditure is voluntarily and reasonably made or incurred in time of peril for the purpose of preserving the property imperilled in the common adventure.