the home country, have the right to protect their property by insurance. The name of the insured should be inserted after the words" on account of." The reason for the exception of alien enemies is that it is considered impolitic on public grounds to permit subjects to make good the losses sustained by an enemy's commerce. It is therefore an understood condition of insurances upon foreign property that they do not cover any loss which may happen while hostilities are being carried on between the respective countries of the assured and the underwriter.1 8 201. Lost or not Lost.-The effect of this stipulation is that the insurer takes upon himself not only the risk of future loss but also loss, if any, that may have already happened. The necessity for such a retrospective application in policies is evident; for, owing to the time occupied in the transmission of advices from abroad or other unavoidable causes, property is often exposed to marine risks before the parties interested are cognizant of the fact or have had an opportunity to protect themselves by insurance. If the assured is aware of the loss at the time when the insurance is effected he cannot recover from the underwriter who undertook the risk in ignorance of the fact; nor is it permissible for an underwriter to retain the premium if at the time of such insurance he is privately informed of the ship's arrival. But if at the time when the insurance is effected the vessel has arrived in safety, the underwriters will be entitled to the premium, provided they and the assured were alike ignorant of the fact." Where a policy of insurance has been effected by one party on behalf of another without authority, it may be ratified after loss by the party on whose behalf it is made though the latter be informed of the loss at the time of such ratification.4 § 202. At and From.-These words precede the blank for the description of the voyage. There There is a material differ 1Ex parte Lee, 13 Vas. Jr. 64. Sands v. N. Y. Life Ins. Co., 50 N. Y. 626; s. c., 10 Am. Rep. 535. Carter v. Boehm, 3 Burr, 1909. 'People v. Dimick, 107 N. Y. 13. Bradford v. Symondson, 4 Asp. Mar. 'Williams v. North China Ins. Co., L. R. 1 C. P. D. 757. ence between insurance "from," and one "at and from," any place. The first form of description attaches to the vessel on sailing, but the second covers, also, the risk in port.1 When a vessel is insured "at and from" a home port where she is then lying, the risk commences as soon as the insurance is effected, and continues during the whole time she remains there in preparation for the voyage insured. When a vessel is insured "at and from" a port abroad to which she is bound, the policy attaches on the arrival of the vessel within the limits of such port, provided she is then in a state which will admit of a fair inception of the risk insured. If the vessel arrive at the port where risk is to have its inception in such a crippled condition that she is unable to lie there in safety until made fit for the homeward voyage, the policy will not attach.2 But, on the other hand, if the vessel, though damaged, be in a condition consistent with her security in port, the risk will commence from the first moment of her arrival within the port specified.3 It is generally the case that on a vessel's arrival at the port where the homeward insurance attaches she is under the protection of an outward policy, which, by its terms, continues in force for a period varying from twenty-four hours to thirty days after her arrival. During this interval, therefore, both policies are in force, and the vessel is doubly insured. To prevent the outward and homeward insurances thus overlapping, a stipulation is often inserted in the latter policies. When an insurance is effected "at and from " an island, or other district comprising several places of trade, then the risk commences on the ship as soon as the vessel has arrived in good safety at any port within such district, and on cargo upon its shipment. § 203. The Voyage.-The voyage must be described in such a manner that a mercantile man conversant with the usages of trade ought to be able clearly to understand what is intended, and the voyage thus described must be rigidly adhered to, except in the case of unforeseen necessity. 1 Nelson v. Sun Mutual Ins. Co., 71 N. Y. 453. Parmeter v. ousins 2 Camp. 2:5. ง Houghton v. Empire Marine Ins. Co., L. R., 1 Ex. 206. From first to last there must be no unreasonable delay or divergence from the usual mode of conducting the adventure, otherwise the policy will be void from the moment of committing the deviation, though not antecedently.1 There are three ways of describing a voyage: Either every port which the ship is to visit may be named, or general words may be used which cover a certain range, and leave room for variations within it; or, lastly, where there is a clear known custom as to the track, and that custom is intended to be followed, it may suffice to name the termini only, and rely on the custom. If the insurance is from or to a district comprising several ports, these ports must be visited in their natural or geographical order, unless there is an established custom of the trade to vary this order, in which case the customary order must be observed. But a clause is often inserted in the policy giving permission to touch and stay at certain ports without prejudice to the insurance. Whether liberty to call at a port gives liberty to land or load cargo there, must depend on whether such an intention may naturally be inferred from the description of the voyage in the policy taken in conjunction with the customs of the particular trade; and wherever a ship has liberty to call at a place, she may always land or load goods there, provided this can be done without additional delay. Sometimes a deviation clause is inserted, providing that the property is covered in the event of a deviation, at a premium to be agreed upon. § 204. The Subject of Insurance.-Upon the body, tackle, apparel, and other furniture of the good ship, or upon all kinds of lawful goods and merchandise laden or to be laden on board the good ship, or upon the freight of all kinds of lawful goods and merchandises laden or to be laden, etc. This phraseology covers the descriptions of ship, cargo, and freight in the three classes of American policies, respectively. 1 Burgess v. Equitable Marine Ins. Co., 126 Mass. 70; s. c., 30 Am. Rep. 654. 2 Beatson v. Haworth, 6 T. R. 533. 450. Urquhart v. Barnard, 1 Taunt. 4 Raine v. Bell, 9 East. 195. Lloyd's English policy covers ship and cargo in one general form, which is filled in to suit the particular case. This general description in the printed form is controlled by the written description of the particular interest which it is intended to insure. The terms of the description in the policy of insurance upon ship are evidently not to be confined to the body or hull of the vessel, but extend to her materials and outfit; and it has been decided that the provisions of the crew are included under the word "furniture." A policy on "ship" in the ordinary form will cover hull, materials, machinery, boilers, coal, and engine stores; in the case of a steamer, the provisions for the crew and all the appurtenances necessary, suitable, or usual, or that may be presumed to belong to a vessel of such description for the purposes of navigation on a voyage such as that described. The scope of an insurance on the ship is limited by the usage of the trade to such an outfit as is necessary to make the vessel seaworthy for the voyage insured, to the exclusion of that further portion which may be supplied to fit her for a particular trade. Thus, in the case of a vessel engaged in the Greenland trade, it was held that the fishing tackle and stores, such as harpoons, lances, etc., for catching whales and seals, as well as the casks, cisterns, etc., for receiving the oil and blubber, were not covered by a general policy on ship, as it was the custom to insure such articles in express terms.1 But permanent passenger fittings are allowed as appertaining to the ship where the vessel is regularly employed in the passenger trade; permanent cattle fittings, where she is in the cattle trade; a permanent grain ceiling, where she is in the grain trade, etc. Temporary fittings or ballast, such as is supplied for the voyage only, dunnage, provisions for the passengers, and provender for live stock are excluded. "Goods or “merchandise" denotes whatever is carried on board ship for purposes of traffic. Here, again, the usage of trade enters to restrict the full meaning of the term, by excluding therefrom, in the absence of established custom, goods laden on deck, and also live stock with the provender for their maintenance, master's clothes, and 1 Hoskins v. Pickersgill, 3 Dougl. 222. the ship's provisions. Money or jewels, if carried to trade with, are insurable under the name of goods. In insuring freight it matters little whether the interest is described as freight, freight per charter party, or the like. Freight must be either a ship owner's profit from carrying goods of his own, or the price of working for others under a contract. The former kind is recoverable under the ordinary policy on freight.1 As to the latter, the actual contract must necessarily in case of loss be referred to, in order to ascertain what was insured. Speaking generally, a policy on freight must be taken to cover all the ordinary stipulations of the contract of affreightment, whether bill of lading or charter party. Where the interest consists of a ship owner's profit by carrying his own goods, though this, as has been said, may with perfect propriety be insured separately as freight, yet generally speaking the method most advantageous to the owner is to insure it in the same policy as the goods, and to value both together, describing them as goods including freight. It is usual to insure passage money under a distinct name, since the incidents of this risk are in many respects different from that of the freight or merchandise.? § 205. Master's Name.-Provision is made in the policy for the insertion of the master's name, partly as a means of distinguishing the ship insured from others of the same name, and partly because the personal character and professional reputation of the captain are not infrequently taken into account by the underwriters in their estimation of the risk. But in practice the blank left for that purpose is often left unfilled. In immediate sequence to this blank are the words, "or whoever else shall go for master in the said vessel, etc." In case the person originally mentioned to the underwriter as the master of the vessel is prevented from going in her, and another is substituted for him, the insurance is not vitiated, even though the original name may have been inserted in the policy, and may never have been altered, provided the assured has acted throughout in good faith. Again, if the master resign his command, or become incapacitated during the voyage 1 Flint v. Flemyng, 1 Barn. & Ad. 45. ? Denoon v. Home & C. Assur. Co., L. R., 7 C. P. 341. |