Elisha Hammond
Published: 2013-09
Total Pages: 92
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1840 edition. Excerpt: ... chapter iii. the nature and extent of the risks for which the insurers undertake. 1. Whatrislcs are in general within a policy: --and herein of barratry, negligence, Sfc. Thc property embarked in a marine adventure may be insured against all the numerous Risks and Perils to which it is exposed, except in some particular instances, where the insurance against certain risks is disallowed on principles of public policy, or excluded from the nature of the contract itself. Losses by perils of the sea, are those which happen from the sea, and are necessarily incidental to a ship engaged in a sea voyage; such as those occasioned by the winds and waves: by lightning, storms and tempest; by rocks, sands, and other natural causes. Hughes Insu. 213. It is the proximate cause which must be regarded in considering whether a loss is to be ascribed to a particular peril or not Thus, in Hahn v. Corbett, 2 Bing. R. 205, where there was a warranty from capture and seizure, when the ship was stranded on a shoal within a short distance from the port of destination, and lost; but while she lay disabled from proceeding she was seized by the commander of the place at which she was stranded, and the goods insured were confiscated by him, this was considered a loss by the perils of the sea. And a loss is properly ascribed to the perils of the sea, when they are the immediate and proximate cause of the loss, although another remote or intervening cause may have contributed to bring the ship into danger. As in the case of collision, where the ship insured is run down by another vessel, without any blame being imputable to either, (3 E