loss or misfortune, it shall be lawful and necessary to and for the assured, his factors, servants and assigns, to sue, labor, and travel for, in and about the defense, safeguard and recovery of the said goods and merchandises, or any part thereof, without prejudice to this insurance; nor shall the acts of the insured or insurers, in recovering, saving and preserving the property insured, in case of disaster, be considered a waiver or an acceptance of an abandonment; to the charges whereof the said Insurance Company will contribute according to the rate and quantity of the sum herein insured; having been paid the consideration for this insurance, by the assured, or his assigns, at and after the rate of ........ per cent. ........ AND in case of loss, such loss to be paid in thirty days after proof of loss, and proof of interest in the said .. (the amount of the note given for the premium, if unpaid, being first deducted), but no partial loss or particular average shall in any case be paid, unless amounting to five per cent. Provided always, and it is hereby further agreed, That if the said assured shall have made any other assurance upon the premises aforesaid, prior in day of date to this policy, then the said ........ Insurance Company shall be answerable only for so much as the amount of such prior assurance may be deficient towards fully covering the premises hereby assured; and the said ........ Insurance Company shall return premium upon so much of the sum by them assured, as they shall be by such prior assurance exonerated from. AND in case of any assurance upon the said premises, subsequent in day of date to this policy, the said ...... Insurance Company shall nevertheless be answerable for the full extent of the sum by them subscribed hereto, without right to claim contribution from such subsequent assurers, and shall accordingly be entitled to retain the premium by them received, in the same manner as if no such subsequent assurance had been made. Other assurance upon the premises aforesaid, of date the same day as this policy, shall be deemed simultaneous herewith; and the said ........ Insurance Company shall not be liable for more than a ratable contribution in the proportion of the sum by them insured to the aggregate of such simultaneous assurance. IT IS ALSO AGREED, that the property be warranted by the assured free from any charge, damage or loss, which may arise in consequence of a seizure or detention, for or on account of any illicit or prohibited trade or any trade in articles contraband of war. Warranted not to abandon in case of capture, seizure, or detention, until after condemnation of the property insured; nor until ninety days after notice of said condemnation is given to this company. Also warranted not to abandon in case of blockade, and free from any expense in consequence of capture, seizure, detention or blockade, but in the event of blockade, to be at liberty to proceed to an open port and there end the voyage. ........ IN WITNESS WHEREOF, the President or Vice-President of the said MEMORANDUM. It is also agreed, that bar, bundle, rod, hoop and sheet iron, wire of all kinds, tin plates, steel, madder, sumac, wicker-ware and willow (manufactured or otherwise), salt, grain of all kinds, tobacco, indian meal, fruits (whether preserved or otherwise), cheese, dry fish, hay, vegetables and roots, rags, hempen yarn, bags, cotton bagging, and other articles used for bags or bagging, pleasure carriages, household furniture, skins and hides, musical instruments, looking-glasses, and all other articles that are perishable in their own nature, are warranted by the assured free from average, unless general; hemp, tobacco stems, matting and cassia, except in boxes, free from average under twenty per cent. unless general; and sugar, flax, flax-seed and bread, are warranted by the assured free from average under seven per cent. unless general; and coffee, in bags or bulk, pepper in bags or bulk, and rice, free from average under ten per cent, unless general. Warranted by the insured free from damage or injury, from dampness, change of flavor, or being spotted, discolored, musty or mouldy, except caused by actual contact of sea water with the articles damaged, occasioned by sea perils. In case of partial loss by sea damage to dry goods, cutlery or other hardware, the loss shall be ascertained by a separation and sale of the portion only of the contents of the packages so damaged and not otherwise, and the same practice shall obtain as to all other merchandise as far as practicable. Not liable for leakage on molasses or other liquids, unless occasioned by stranding or collision with another vessel. If the voyage aforesaid shall have been begun and shall have terminated before the date of this policy, then there shall be no return of premium on account of such termination of the voyage. In all cases of return of premium, in whole or in part, one-half per cent, upon the sum insured is to be retained by the assurers. And it is further agreed, that if the vessel hereby insured shall come in collision with another vessel, and the assured become liable to pay, and shall pay, any sum or sums for damages resulting therefrom to said other vessel, her freight or her cargo, in such case this company will contribute towards the payment of three-fourths part of the total amount of said damages, in the proportion that the sum insured under this policy bears to the total valuation of the vessel as stated herein, provided, that this company shall not in any event be held liable under this agreement for a greater sum than three-fourths part of the amount insured under this policy. And it is also agreed that this insurance company will bear a like propor tionate share of any costs and expenses that may be incurred in contesting the liability resulting from said collision, provided, the written consent of the company to such contest be first obtained. But under no circumstances shall this company be held liable for any ccntribution in respect of any sum that the insured may be held liable to pay by reason of loss of life or personal injury to individuals from any cause whatsoever, nor for any claim for demurrage or loss of the use of any vessel, nor for wages or provisions or expenses of master, officers or crews. and and or It is further agreed to, that in no event shall this insurance company be liable under this policy for more than the sum insured in any case, either for claims for loss and damage charges to hull of the vessel hereby insured for claims of any and all kinds arising under this collision clause, or the policy to which it is attached, and all payments made under this policy shall reduce this policy by the amounts so paid, unless restored by a new premium. or XVI. Examples of Adjustments. 1. (The policy containing a three-fourths loss clause.) Insurer pays three fourths of $6,000=$4,500. 2. (One of the policies containing a two-thirds value clause.) Loss. $6,000 Loss. $9,000 Policy A contains a clause limiting liability to two-thirds of the value of the property. Policy B contains no such special clause. Policy B is obligated to pay the difference (i. e., $1,000,) between the loss and twothirds of the value of the property. (See p. 185, sub. 1.) To the balance of the loss, namely, $8,000, the two policies contribute pro rata, policy A according to its face value and policy B according to its face less the $1,000. A pays 6000 of $8,000 11000 B pays $1,000+5000 of $8,000 $4,363.64 11000 The stock of merchandise in a country store is insured under three pol icies, as follows: A. (blanket) On general stock, B. (blanket) On dry goods and groceries, C. On crockery, . $15,000 5,000 1,000 $21,000 If, as seems equitable, a blanket policy should be called upon to contribute in the ratios which the values of the several classes of stock covered by it bear respectively to the whole value of the stock covered by it, we obtain in this case the following distribution of the insurance: The loss accordingly is apportioned among the policies as follows: A somewhat different case is presented where the loss on one class of stock exceeds the amount of insurance assigned to it in pursuance of the method of distributing insurance which was employed in the preceding case. Thus, suppose the loss to be as follows: The two blanket policies, under the same rule of distribution, are called upon to pay the loss on dry goods up to the amount of $10,500, leaving a deficit of $1,400 on dry goods; and are further called upon to pay on groceries and crockery together the amount of $5,500, leaving a balance of $4,000 ($20,000-$16,000) of blanket insurance unexhausted. That the insured may be fully indemnified and "not suffer by non-concurrence of policies" (see p. 186), it is necessary that this deficit should be distributed between the two blanket policies, and an equitable way of doing |