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accepted according action actual adjustment adventure agent amount apply Arnould arrival assignment assured average avoid benefit Blackburn cargo caused charges chartered circumstances claim clause condition consequence constructive total loss contract contribution cost course covered damage definition delay Digest discussed effected England English entitled expenses express fact fire freight further give given held Illustrations implied includes incurred indemnity insurable value interest landed liable Lloyd's London Lord lost marine insurance material matter McArthur meaning merchant Mutual notice of abandonment ordinary otherwise owner paid partial loss particular average party perils person port practice premium provisions reasonable recover reference regards relating repairs respect returnable risk rule Sailing salvage says Sect ship specified stamped subject-matter insured term underwriters unless usage valued policy vessel Vict voyage warranty whole
Page 119 - 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, &c., 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.
Page 6 - 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...
Page 120 - And it is especially declared and agreed that no acts of the insurer or insured in recovering, saving, or preserving the property insured shall be considered as a waiver, or acceptance of abandonment.
Page 22 - Subject to the provisions of this section, the assured must disclose to the insurer, before the contract is concluded, every material circumstance which is known to the assured, and the assured is deemed to know every circumstance which, in the ordinary course of business, ought to be known by him.
Page 7 - interest or no interest", or "without further proof of interest than the policy itself", or "without benefit of salvage to the insurer...
Page 118 - 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...
Page 82 - Salvage charges' means the charges recoverable under maritime law by a salvor independently of contract. They do not include the expenses of services in the nature of salvage rendered by the assured or his agents, or any person employed for hire by them, for the purpose of averting a peril insured against. Such expenses, where properly incurred, may be recovered as particular charges or as a general average loss, according to the circumstances under which they were incurred.
Page 120 - 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.