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 doth make assurance and cause………………………….and them, and every of them, to
be insured lost or not lost, at and from upon any kind of goods and merchandises, and also upon the
body, tackle, apparel, ordnance, munition, artillery, boat and other furniture, of and in the good ship
or vessel called the………………………….whereof is master for this present voyage…………………or
whosoever else shall go for master in the said ship or by whatsoever other name or names the said
ship, or the master thereof, is or shall be named or called; beginning the adventure upon the said
goods and merchandises from the loading thereof aboard the said ship……………….upon the said ship,
etc…………………………and so shall continue and endure, during her abode there, upon the said ship
etc……………….And further, until the said ship, with all her ordnance, tackle, apparel, etc., and goods
and merchandises whatsoever shall be arrived at……………….upon the said ship, etc., until she hath
moored at anchor twenty-four hours in good safety; and upon the goods and merchandises, until the
same be there discharged and safely landed. And it shall be lawful for the said ship, etc., in this
voyage to proceed and sail to and touch and stay at any ports or places whatsoever without prejudice
to this insurance. The said ship, etc., goods and merchandises, etc., for so much as concerned the
assured by agreement between the assured and assurers in this policy, are and shall be…………….valued
at…………….
Touching the adventures and perils which we the assurers are contended to bear, and do take upon us
in this voyage; they are of the seas, men of war, fire, enemies, pirates, rovers, thieves, jettisons, letter of
mart and countermart, 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 said
goods and merchandises, and ship, etc., or any 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, safeguards and recovery of the said goods
and merchandises and ship, etc., 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.
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. And so
we, the assurers, are contended, and do hereby promise and bind ourselves, each one for his own part, our
heirs, executors, and goods to the assured, their executors, administrators, and assigns, for the true
performance of the premises, confessing ourselves paid the consideration due into us for this assurance by
the assured, at and after the rate of………………
In witness whereof we, the assurers, have subscribed our names and sums assured in……….....
MEMORANDUM N. B.—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 per cent. and all other goods, also the ship and freight, are warranted free from
average, under three per cent. unless general, or the ship be stranded.
RULES FOR CONSTRUCTION OF POLICY
The following are the rules referred to by this Act for the construction of a policy in the above or
other like form, where the context does not otherwise require:—
1. Lost and not lost.—Where the subject-matter is insured “lost or not lost” and the loss has occurred
before the contract is concluded, the risk attaches unless, at such time the assured was aware of the loss,
and the insurer was not.
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2. From.—Where the subject-matter is insured “from” a particular place, the risk does not attach until
the ship starts on the voyage insured.
3. At and from.—(a) Where a ship is insured “at and from” a particular place, and she is at that place
in good safety when the contract is concluded, the risk attaches immediately.
(b) If she be not at that place when the contract is concluded, the risk attaches as soon as she arrives
there in good safety, and, unless the policy otherwise provides, it is immaterial that she is covered by
another policy for a specified time after arrival.
(c) Where chartered freight is insured “at and from” a particular place, and the ship is at that place in
good safety when the contract is concluded, the risk attaches immediately. If she be not there when the
contract is concluded, the risk attaches as soon as she arrives there in good safety.
(d) Where freight, other than chartered freight, is payable without special conditions and is insured “at
and from” a particular place, the risk attaches pro rata as the goods or merchandise are shipped; provided
that if there be cargo in readiness which belongs to the ship-owner, or which some other person has
contracted with him to ship, the risk attaches as soon as the ship is ready to receive such cargo.
4. From the loading thereof.—Where goods or other movables are insured “from the loading
thereof”, the risk does not attach until such goods or movables are actually on board, and the insurer is not
liable for them while in transit from the shore to the ship.
5. Safely landed.—Where the risk on goods or other movables continues until they are “safely
landed”, they must be landed in the customary manner and within a reasonable time after arrival at the
port of discharge, and if they are not so landed the risk ceases.
6. Touch and stay.—In the absence of any further license or usage, the liberty to touch and stay “at
any port or place whatsoever” does not authorise the ship to depart from the course of her voyage from
the port of departure to the port of destination.
7. Perils of the seas.—The term “perils of the seas” refers only to fortuitous accidents or casualties of
the seas. It does not include the ordinary action of the winds and waves.
8. Pirates.—The term “pirates” includes passengers who mutiny and rioters who attack the ship from
the shore.
9. Thieves.—The term “thieves” does not cover clandestine theft or a theft committed by any one of
the ship’s company, whether crew or passengers.
10. Restraint of Princes.—The term “arrests, etc., of kings, princes, and people” refers to political or
executive acts, and does not include a loss caused by riot or by ordinary judicial process.
11. Barratry.—The term “barratry” includes every wrongful act wilfully committed by the master of
crew to the prejudice of the owner, or, as the case may be, the charterer.
12. All other perils.—The term “all other perils” includes only perils similar in kind to the perils
specifically mentioned in the policy.
13. Average unless general.—The term “average unless general” means a partial loss of the
subject-matter insured other than a general average loss, and does not include “particular charges”.
14. Stranded.—Where the ship has stranded, the insurer is liable for the excepted losses although the
loss is not attributable to the stranding, provided that when the standing takes place the risk has attached
and, if the policy be on goods, that the damaged goods are on board.
15. Ship.—The term “ship” includes the hull, material and outfit, stores and provisions for the
officers and crew, and, in the case of vessels engaged in a special trade, the ordinary fittings requisite for
the trade, and also, in the case of a steamship, the machinery, boilers, and coals and engine stores, if
owned by the assured and also in the case of a ship driven by power other than steam, the machinery and
fuels and engine stores, if owned by the assured.
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16. Freight.—The term “freight” includes the profit derivable by a ship-owner from the employment
of his ship to carry his own goods or movables as well as freight payable by a third party, but does not
include passage money.
17. Goods.—The term “goods” means goods in the nature of merchandise, and does not include
personal effects or provisions and stores for use on board.
In the absence of any usage to the contrary, deck cargo and living animals must be insured
specifically, and not under the general denomination of goods.