which was the 3d day of September 1697. Sir Robert died on the 3d of September 1698, at one o'clock in the morning.-Lord C. J. Holt held that, from the day of the date excludes the day; but from the date includes it; and therefore, the day of the date being excluded in this case, the insurer was held liable (a). I have now gone through all that seemed to be material upon the fubject of infurance upon lives; from which it appears that many of the principles which govern marine insurances are alfo applicable to this contract. Confidering the great multiplicity of insurances which have of late years been made upon lives, the number of litigated cases that have arifen upon them is extremely small One principal reafon is, that the happening of the event insured against is always a fact of easy proof, which can scarcely ever afford any subject of difpute. Another is the great difficulty of practifing any fraud in fuch infurances. But to no caufe is this fortunate circumstance more to be afcribed than to the honour, integrity, and liberality of the several companies engaged in this branch of insurance, (a) See the cafe of Pugh v. the Duke of Leeds, Cowp. 714, in which, after great deliberation, it was held that the words from the date, and from the day of the date, mean the fame thing; and that they are taken to be either inclufive, or exclufive, according to the context, and fubject matter; and that either meaning fhall be adopted which fhall most effectually support, not defeat, the intention of the parties.-This may be a very good rule, in the cafes to which it applies: But it would have been of no use in the decifion of the cafe above cited; becaufe the intention of the parties, in that cafe, could only be collected from the policy; and whether they meant to include, or exclude, the day of the date, depended on the construction of the words contained in it. If, therefore, fuch a cafe were again to occur, it must be decided whether the day of the date fhould be excluded or included; and then, perhaps, Lord Holt's opinion might be thought the beft authority upon that point. Such a question, however, is not again likely to arife; because it is now the ufual practice to mention the day both of the commencement and end of the policy, and to declare both to be inclufive. Return of premium. Remedy against the estate of a bankrupt in juret. As to return of premium, no question upon that fubject has ever yet, as far as I have been able to learn, occurred in any cafe of infurance upon lives. If such a question should arife, it must be governed by the fame principles which prevail upon that fubject in marine infurances. These will be found under the proper head in the first book (a). Indeed Lord Mansfield, on two occafions, exemplified his doctrine, upon the subject of return of premium, by fhewing their application to the cafe of an infurance upon a life (b). With refpect to the claim which the infured upon a life fhall have upon the eftate of the infurer, become bankrupt during the continuance of the life infured; this has been determined to be the fame as in the cafe of marine insurances (c). (a) See book 1, ch. 16, § 2.-(6) See his judgment in Bermon v. Woodbridge, fup. 573, and in Tyrie v. Fletcher, fup. 576.-(c) See the cafe of Cox v. Leotard, Doug. 166, n, fup. 631. BOOK BY BOOK THE FOURTH. Of Infurance against Fire. CHAP. I. Preliminary Obfervations. again fire de fined. Y this contract the infurer, in confideration of a cer- Infurance tain premium received by him, either in a grofs fum, or by annual payments, undertakes to indemnify the infured against all lofs or damage which he may sustain ́in his houses or other buildings, goods and merchandize, by fire, during a limited period of time. I have not been able to ascertain the period of the introduction of insurance against fire into this country. But it has certainly been in use here confiderably more than a century. Of late years, notwithstanding a very heavy stamp duty imposed on these insurances, they have been brought into very general, I might almost have said universal, ufe, in this country; particularly in London and other cities and large towns. I do not find, however, that this species of insurance is much in use in other countries. It was not till the year 1754 that it came into use at Paris. In that year, one of the companies instituted there for marine insurances, obtained from the government permiffion to make infurances against fire. But they have never, as Pothier informs us, become general even at Paris (a). In Holland, though insurance against fire is not altogether unknown, few people feek its protection; perhaps because the people of that Vid. Pothier, tit. des affurances, n. 3. country The time of its introduction into England unknown. Very little in countries. ufe in other Whether in a national point of view it be more neficial. The objection to ic. country, can rely fo much on their own caution, that they think it unneceffary to pay for any greater fecurity. Indeed I have heard it confidently afferted, by perfons well acquainted with the cities both of London and Amfterdam, that after making all fair allowances, there is, upon an average, more property deftroyed by fire in the former in one year, than in the latter in feven. It cannot be denied that this species of insurance affords great comfort to individuals, and often preferves whole hurtful than be families from poverty and ruin. And yet it has been much doubted, by wife and intelligent perfons, whether, in a general and national point of view, the benefits refulting from it are not more than counterb2lanced by the mischiefs it occafions. Not to mention the carcleffncís and inattention which fecurity naturally creates; every perfon who has any concern in any of the fire offices, or who has attended the courts of Weftminfter for any length of time, muft own, that insurance has been the original caufe of many fires in London, with all their train of mifchievous confequences. More than counterbalanced by its benefits. On the other hand, the advocates for this fpecies of infurance, though they admit it to have been sometimes the cause of intentional fires; yet they infift, that, even as a national concern, the benefits vaftly outweigh the mifchiefs which procecd from it. And when we recollect the precautions ufed by the different infurance companics, to prevent the fpreading of fires, by providing a number of fire engines, which are kept in constant repair, and fit for immediate ufe, not only in all parts of the metropolis, but in every other confiderable town in the kingdom;-by keeping in conftant pay, a number of engineers and fire-men, expert in extinguishing fires, and porters for the removal of goods;—by employing a number of these in patrolling the streets at all hours of the night, in conftant readinefs to fly to the fpot from whence any alarm of fire may proceed: When we recollect that the courage, promptitude, and address of these people often ftop the progrefs of the most dangerous fires, and thereby refcue many valuable lives, and immenfe property from from destruction:-When these benefits, I fay, are fairly confidered, it is impoffible to deny that they greatly outweigh all the disadvantages that can be put in the oppofite scale. A confiderable number of companies have been eftablished in London and other parts of the kingdom for infurances against fire. Of these fome are called Contribution Societies, in which every perfon infured becomes a member or proprietor, participating in profit aud loss. Such are the Hand in Hand, and the Westminster fire-offices, for the infurance of houfes and other buildings; and the Union fire-office, for infurance of goods. The other companies infure both houfes and goods, at their own risk. Of these the principle are the London and Royal Exchange affurance corporations, the Sun, the Phoenix, and the British fire-offices. The feveral fire infurance com panies in Lon don. fire are fubject to a fiamp of 3 S. under 1000 1. if and of 6 s. if As to the duties, to which this contract is liable, Policies againfl the ftat. 37 G. III. c. 90, § 23, repeals all the former ftamp duties imposed on policies of infurance againft fire; and, (by fect. 24), imposes on every policy, in lieu thereof, a new duty of three fhillings where the fum insured is under 1000 1. and of fix fbillings where the fum infured amounts to Iocol. or upwards. And, by the fame act (fect. 19), the yearly fum of fixpence, over and above the yearly fum of one filling and fixpence, already impofed for every 100 l. and fo in proportion for any less fum infured, is laid on every policy for infuring houses, furniture, goods, wares, and merchandize, or other property, from lofs by fire. 1000 1. or up wards. Alfo to a yearly duty of 2 s. per ent, on the fum infured, CHAP. |