The liability of underwriters for the consequences of the barratrous acts of the master and crew may be limited by express agreement. Thus, in a time policy on ship, the ordinary perils insured against (including "barratry of the master") were enumerated, and the ship was "warranted free from capture and seizure and the consequences of any attempts thereat." In consequence of the barratrous act of the master in smuggling, the ship was seized by Spanish revenue officers, and proceedings were taken to procure her condemnation and confiscation. In an action under the policy to recover expenses incurred by the owner in obtaining her release, it was held by the House of Lords, affirming the decision of the Court of Appeal, that the effect of the warranty was to exonerate the underwriters from loss by capture or seizure, howsoever caused. Consequently, although, apart from the warranty, the loss might have been recovered as one resulting from barratry, the object of the limitation contained in the special clause was to except such losses, otherwise covered by the policy, as were occasioned by "capture or seizure" (ƒ).

X-ALL OTHER PERILS, LOSSES, AND

MISFORTUNES.

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.

The terms of this clause are so comprehensive, as at first sight to convey the impression that they embrace every kind of mishap, not already particularised, to which property at sea can be subjected. Such, however, is not the case, for here the rule of construction applies, that general terms following particular ones, apply only to matters which are ejusdem generis with

(f) Cory v. Burr, L. R. 8 App. Cas. 397.

those specified. Accordingly, the effect of the general undertaking expressed as above, is to bring within the scope of the contract all casualties which, though not identical with, are similar to, the risks enumerated. Thus the expression "all other perils, losses, and misfortunes," has been held to include damage to a ship which had been heeled over by the wind in a graving dock; the loss of dollars thrown overboard from a vessel on the point of capture, in order that they might not be taken possession of by the enemy; the wrecking of a steamer through the bursting of the boiler, &c. (g).

In the case last cited, which was an action upon a time policy, the boiler had burst owing to its being worn out, the plating having been so far reduced in thickness, as to be unable to stand the pressure of the steam. Under these circumstances, it was contended that the assured could not recover, as the prime cause of the loss was the unseaworthiness of the ship. The Court held, however, that the loss was recoverable, excepting that no claim could be made for the boiler itself, which was valueless when the accident happened. The ground of the decision was that the proximate cause of the loss, which could alone be regarded, was an explosion of steam, which sufficiently resembled the specified perils to fall within the terms of the clause now under review. As to the particular peril which the casualty in question most resembled, there appears to have been a difference of opinion, one of the learned judges thinking that it approximated to fire, because "an explosion often ends in fire, and fire often causes an explosion," while another considered that steam, as the motive power in a steamer, answered to the wind in the case of a sailing vessel, so that an explosion of steam was analogous to a gale of wind; but there was a concurrence in the finding that such an explosion, whether caused by defect or mismanagement, was within the terms of the policy. Further than this it was unnecessary to go, for the rules of pleading do not, as formerly, require an allegation of the particular peril

(g) The West India & Panama Telegraph Co. v. The Home & Colonial

Marine Insurance Co., 4 Asp. Mar. L.
C. 345; Arnould, 4th ed., p. 721.

causing the loss, but are satisfied by a general declaration that the loss was caused by the perils insured against.

In general, it will be found that every occurrence which is accidental in relation to the assured, and whereby the subject insured suffers injury through exposure to the operation of a superior force, will be covered by the terms of the policy (h). The exceptions to the liability of underwriters are detailed in the ensuing section.

XI.-LIMITATION OF THE LIABILITY OF
UNDERWRITERS.

The principal losses which are not covered by the terms of the policy are arranged, as below, in a summary form under the four heads specified, by which the liability of underwriters is limited.

1. Loss by the deterioration and ordinary outlay in navigation, such as the splitting or carrying away of sails by the wind (i), the breaking and straining of the rigging while navigating (k), the parting of hawsers and ground-tackle, unless subjected to an extra strain owing to some accidental occurrence; the rolling away of small spars, such as studding-sail booms or top-gallant and royal yards, with the exception last-mentioned; injury to pumps (1); the breakage of a steamer's shaft, unless attributable to heavy weather, or some other peril insured against; damage to the hull of a vessel through taking the ground in the ordinary course of navigation; slackness of seams resulting from wear and tear; the wastage of metal sheathing consequent upon use and exposure; damage by rats or worms (m); decay of wood-work; corrosion of iron-work; and

(h) "Accidents (cas fortuits) are those events which no prudence could foresee superior force (vis major) is that which cannot be resisted; the two commingle. By accident, is meant a superior force, which cannot be foreseen or resisted." Emerigon, translated by Meredith, p. 285.

(i) With the exceptions specified in s. 3.

(k) Ibid.

(1) Ibid.

(m) If, however, worms get into a vessel's planking owing to the metal sheathing having been broken stripped off by a sea peril, the under

or

in general, the ordinary deterioration of a vessel's hull and materials; ordinary leakage and breakage of cargo; and all ordinary charges incurred during the prosecution of the adventure, including wages and victualling of the crew, though enhanced in amount owing to the prolongation of the voyage through sea perils, or through detention in a port of refuge (n). 2. Loss by the inherent defect of the subject insured, such as fish or meat become putrid, rice or flour heated, fruit become rotten, wine turned sour, or hides tainted, not by contact with sea water, but by natural decomposition, even though the latter arise from the prolongation of the voyage by sea perils (0); disease and natural death of animals; original defects in the hulls or materials of vessels; flaws in the machinery of steamers, &c.

3. Loss remotely caused by the perils insured against ( p).This limitation includes loss of interest on capital embarked at sea, or loss of market on cargo, owing to the protraction of the voyage by bad weather; loss arising from the compulsory abandonment of the voyage, consequent upon blockade, hostile occupation or other deterrent cause (q); the liability of shipowners for loss or injury caused to persons or property through the default of their servants (r); the liability of shipowners for the charges incurred in the removal of wreck, even though the underwriters have paid a total loss and claimed the salvage; loss by the forced sale of goods at a port of refuge to provide funds

writers will be liable for the damage caused by their ravages.

(n) Unless the wages and victualling of crew in a port of refuge are recoverable in general average by foreign law or by York-Antwerp rules.

(0) Taylor v. Dunbar, L. R. 4 C. P. 206. The risk of deterioration of fresh meat by delay is sometimes superadded to the policy in terms of the following clause:- Warranted free from average, unless general, or the ship be stranded, sunk, or burnt, or in collision, or the voyage be prolonged until after fourteen days--in case of prolongation of the voyage until after fourteen days, or the vessel be stranded, sunk, or burnt, or in collision, to pay for any damage to or deterioration of

the meat."

(p) Ante, s. ii. The operation of the rule that the proximate cause of loss is alone to be regarded, is partly to extend and partly to restrict the liability of underwriters.

(2) The reason for this exception, as explained in sec. viii., is that the operation of the peril which causes the loss is not direct, but indirect, or circuitous.

(r) This risk, so far as it relates to loss or damage to other vessels or their cargoes, by collision with the vessel insured, is superadded to the policy in terms of the collision, or running down clause. The liability for loss of life is covered by Shipowners' Protecting Associations.