Document ID: chunk:federal_register_of_legislation:C2008C00419:section:95:p3
Version: federal_register_of_legislation:C2008C00419
Segment Type: section
Provision Reference: s 95 (pt 3/6)
Character Range: 67919–70567

and after the rate of

IN WITNESS whereof we, the assurers, have subscribed our names and sums assured in London.

[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 centum, and all other goods also the ship and freight, are warranted free from average, under three per centum 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:

    Lost or not lost

1. 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.

    From

2. Where the subject‑matter is insured "from" a particular place, the risk does not attach until the ship starts on the voyage insured.

    At and from

    [Ship.]

       3. (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.

    [Freight.]

        (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.

    From the loading thereof

4. 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.

    Safely landed

5. Where the risk on goods or other movables continues until they