at

wrecked (or sunk, or burnt, or lost by stranding or collision, etc.), we hereby abandon to you our interest in the above vessel, and claim from you payment of total loss in respect of the sum of £ insured with you.

"has

Information having reached us that the ship

66

been wrecked (or sunk, or burnt, or lost by stranding, or collision, etc.), at we hereby abandon to you our interest in the goods shipped in above vessel as noted below and insured with you, and we claim from you payment of total loss in respect of £ insured with you on these goods.

1 See also Owen's Notes and Clauses, pp. 196, 198, 221.

APPENDIX F

FULL PROTECTION.

Whereas it hath been proposed to the... Limited (hereinafter called the company), by

Marine Insurance Company,

Warranties applicable to in-
surance on ship :-

Warranted free of capture,
seizure, and detention, and
the consequences thereof, or
of any attempt thereat, piracy
excepted, and also from all
rections, hostilities, or warlike
consequences of riots, insur-
operations, whether before or
after declaration of war.

And it is also agreed and declared that the insured ship as between the insured and the company so far as concerns this policy shall be and is valued at £

AND SO FAR AS CONCERNS THE INSURANCE UPON THE INSURED SHIP the com-
pany promises and agrees as follows: that is to say-

That the insurance aforesaid shall commence upon the insured ship at and from
as above and shall continue until she has moored at anchor in good safety at her above-
mentioned place of destination, and while there, however employed, until expiry of
thirty days after arrival or until sailing on next voyage, whichever may first occur.
And that it shall be lawful for the insured ship on the voyage so insured as afore-
said to proceed and sail to and touch and stay at any ports and places whatsoever
without prejudice to this insurance. And touching the adventures and perils which
the company is contented to bear and does take upon itself in the voyage so insured
as aforesaid, they are of the seas, men of war, fire, enemies, pirates, rovers, thieves,
jettisons, letters of mark and countermark, surprisals, takings at sea, arrests, restraints,
and detainments of all kings, princes, and 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 insured
ship or any part thereof. And in case of any loss or misfortune it shall be lawful to
the insured, their factors, servants, and assigns, to sue, labour, and travel for, in, and
about the defence, safeguard, and recovery of the insured ship or any part thereof
without prejudice to this insurance, the charges whereof the company will bear in pro-
portion to the sum hereby insured, and it is expressly declared and agreed that the
acts of insurer or insured in recovering, saving, or preserving, the property insured
shall not be considered a waiver or acceptance of abandonment.

That the insured ship shall be and is warranted free from average under £3 per-
centum unless general, or the insured ship be stranded, sunk, or burnt, and warranted
free from particular average below the load water line unless occasioned by fire or
contact with some substance other than water.

330

Warranties applicable to insurance against Liabilities.

That the company will pay without any deduction the net cost of repairing damages recoverable under this policy when the damage has been sustained before the expiration of eighteen months from the date of the builder's certificate in the case of ships built in the United Kingdom, or of twelve months from the same date (or date of launching where no builder's certificate has been given) in the case of all other vessels. After these periods the usual deductions of new for old will be made whether the vessel shall be on her first voyage or not.

AND SO FAR AS CONCERNS THE AFORESAID INSURANCE AGAINST LIABILITIES the
company promises and agrees as follows: that is to say-

That the company will protect and indemnify the insured against any such liabilities
incurred by him or them (without his or their actual fault or privity) at any time
while the ship is insured by this policy as aforementioned, in respect of his or their
ownership of or other interest in the insured ship or in respect of any contract for
the carriage of any goods or passengers in the insured ship, for any losses, claims, de-
mands, damages, or expenses which may arise from or in consequence of

(1) Any loss of life or injury to any person whomsoever or any life salvage.

(2) Any loss of or damage to any other ship or boat or any goods, merchandise or other things whatsoever
on board any other ship or boat.
(3) Any damage done to any harbour, dock, pier, quay, jetty, stage, buoy, telegraph cable, or other
fixed or moveable thing whatsoever, or to any goods or property being thereon.

(4) Any loss or damage of or to any goods, merchandise, or other things whatsoever, whether on
board the said ship or not, which may arise from any unauthorised deviation of the said ship, or
from any improper navigation of that or any other ship or boat. But this is not to include any
loss or damage which may arise proximately or otherwise from improper stowage or by any
emanation from or action of any part of the cargo or any previous cargo, or from any uncleanliness
of the ship when loading, or from any want of proper ventilation.

(5) Any attempted or actual raising, removal, or destruction of the wreck of the said ship or the cargo thereof, or any neglect or failure to raise, remove, or destroy the same, but deducting the value of

any salvage, wreck, or cargo which may be recovered by the insured, or which may be available for or chargeable with such claims or expenses.

(6) The costs and expenses incurred by the insured in resisting any claims covered by this policy, or in
any legal proceedings in relation to any such claims, provided such costs or expenses shall have
been incurred with the consent in writing of the company.

Provided always that the insured shall not be entitled to protection or indemnity against any liabilities (except
a liability for costs incurred as hereinbefore mentioned) which arising on or out of one and the same occasion
do not altogether amount to £10 or upwards, nor to any protection or indemnity in respect of loss or damage due
to improper stowage.

And provided further that if the insured or any of them shall in any case be entitled, or would but for any
contract or undertaking be entitled, to limit their or his liability in respect of all or any of the said losses,
claims, demands, damages, or expenses, then the company shall not be bound to protect or indemnify them or
him to any greater extent than they or he would be entitled to if their or his liability were so limited, together
with proper interest and costs. And that in no case shall the aggregate amount of the indemnity to be made
or contributed to by the company in respect of any one occasion exceed in all (including interest and costs) £30
per ton on the gross tonnage of the insured ship.

Provided also that if the amount hereby insured be less than the amount at which the ship is valued in this
policy, the amount in which the company by this policy undertakes to protect and indemnify the insured against
liabilities as aforesaid, shall be limited to that proportion thereof which the sum hereby insured bears to the said value.

And it is hereby expressly agreed and declared that all warranties, conditions, and terms which would be im-
plied in a policy on a ship alone shall apply to and be implied in the insurance by this policy on the insured ship,
but shall not in any way apply to or be implied in the insurance by this policy against the aforementioned liabilities.

In witness whereof the undersigned on behalf of the said company according to the articles of association of
the said company, and a resolution duly passed by the Board of Directors, have hereunto set their hands in
Liverpool the
day of

Examined

Countersigned

19

DIRECTOR.

SECRETARY.