cargo of produce for the homeward voyage, and carrying it either to London or Liverpool at the current rate of freight; and the ship after arriving at her out-port of discharge in the West Indies, was lost there, when she had taken on board only half her homeward cargo, the Court held that there had been at the time of loss, an inception of the entire voyage out and home, and that the assured was entitled to recover as for a total loss of the homeward freight.1 Lindo. A shipowner insured the outward freight by a West Indian Atty v. ship under a charter-party from London to Madeira, and thence to Jamaica; the freight or hire for the whole voyage being 1357., to be paid at Madeira, on a true delivery of the whole of the London cargo there, in wine to be taken on board and carried on, with the rest, to Jamaica, free of freight, under the denomination of freight wine. The ship at Madeira had taken in part of her Jamaica cargo, but not the freight wine, when she was blown out of Funchal roads by a storm, and captured at sea by the French. The assured recovered the whole amount insured, for the reason that as soon as the ship broke ground from London on the voyage, an inchoate right to the whole freight attached, which was defeated only by the intervention of a peril insured against.2 The Court were also of opinion that under this policy, considered with reference to the terms of the charter-party, the risk must be held as continuing till the ship, with the freight wine on board, arrived at Jamaica; it being an insurance, not only that the shipowner should be in a condition to earn freight by receiving freight wine on board at Madeira, but also that the wine so received should, notwithstanding the perils insured against, be safely carried to Jamaica.3 Lafone. By a charter-party at Monte Video, a vessel was to proceed Ellis v. to the Falkland Islands, and thence to Santa Cruz, in Patagonia, there to take in a cargo of guano, and to discharge it 1 Davidson v. Willasey, 1 M. & Sel. 313. 2 Atty v. Lindo, 1 B. & P. N. R.. 236. 3 Per Sir J. Mansfield, 1 B. & P. N. R. 241. Care and skill in wording the policy. at a port in Europe; freight at 2501. a month, pay for one month to be made when the vessel sailed from the Falkland Islands, the balance at the port of discharge. There was a safe delivery of cargo at the Falklands, and an advance of 2501., being one month's freight. She then loaded guano at Santa Cruz, and completed the cargo with hides at Monte Video, where a new charter-party in effect annulling the first was made, by which the vessel was to proceed to Havre direct with the cargo then on board, freight (at the same rate as by the first charter) to be paid at the port of discharge, after deducting 2501. received on account of that charter-party. The vessel sailed, and went down at sea, a total loss. In an action on a policy, "lost or not lost at and from Monte Video to Havre on 4507. freight advanced," the Court held the plaintiffs entitled to recover the 2501. as freight advanced, since that was not a separate sum paid in respect of the voyage to the Falkland Islands, but part of an entire sum payable for the whole voyage insured, which therefore remained at risk till the ship arrived in Havre, her port of discharge in Europe.1 Inadvertence in filling up the blank form of the policy not unfrequently defeats the intention manifested in the earlier clauses of it. Thus where a ship had been chartered for a voyage from Liverpool to Lagos, and thence with a cargo to the United Kingdom, at a lump sum for the round voyage, a policy was effected on freight "at and from Lagos," " the insurance to commence on freight from the loading of the goods on board at as above." The ship had arrived at Lagos, and was lost before she had shipped any of her homeward cargo; but it was held that in consequence of the second of the two clauses cited, the first was so modified that the assured could not recover.2 1 Ellis v. Lafone (in error), 8 Exch. R. 546; 22 L. J. (Exch.) 124. 2 Beckett v. West of England Ins. Co., 25 L. T., N. S. 739. A policy of reinsurance on chartered freight was effected "lost or not lost, upon freight payable in respect to this present voyage to be performed by the vessel Napier, from Baker's Island to a port of discharge in the United Kingdom; the insurance on the freight beginning from the loading of the vessel." The vessel was wrecked whilst at Baker's Island after she had taken two thirds of her cargo on board; and the question was, what was the effect of the latter branch of this clause, "beginning from the loading," upon the former describing the insured voyage "from Baker's Island." The majority of the Court, Mellor and Lush, JJ., held that the loading intended was a complete loading, and that the policy would have attached upon this being completed, although before the vessel sailed from Baker's Island. Blackburn, J., was of the same opinion as to the loading intended being a complete loading, but he was of opinion that the latter part of the clause did not enlarge the effect of the former, and consequently that the policy would not attach until the vessel sailed on her voyage. By the opinion of the whole Court the assured could not recover.1 The contract being performed must be that in the policy. M'Vicar. If there has been no inception of performance under the contract, or if the contract which is being performed at the time of the loss is not that which is described in the policy, of course the policy never attaches. Freight valued at 5007. was insured on a voyage "at and Sellar v. from Demerara, Berbice, and any of the Windward and Leeward Islands, to London." By a verbal agreement with a Demerara house, the ship, then in that port, was to carry a cargo of colonial produce for them from Berbice to London, at the current rate of freight, and also take on some bricks and planks from Demerara to Berbice, on the same terms. The ship was lost while proceeding from Demerara to Berbice with the bricks and planks on board, in virtue of this 1 Jones v. Neptune Mar. Ins. Co., L. R., 7 Q. B. 702. So, Hopper v. Wear Marine Ins. Co., 46 L. T., verbal agreement. The plaintiffs contended that the whole was one entire voyage on which freight was to be earned; but the Court were clearly of opinion, that the voyage insured was a voyage at and from Demerara or Berbice to London, or from any of the Windward or Leeward Islands, according as the ship might happen to begin her voyage to London, and that no such voyage had ever been commenced at the time of the loss.1 1 Sellar v. M'Vicar, 1 B. & P. N. R. 23. See Clapham v. Cologan, 3 Camp. 382. CHAPTER X. DEVIATION AND CHANGE OF THE VOYAGE UNDER THE POLICY. ral doctrine IN almost all voyages, as we have already seen, experience Of the geneand usage have prescribed a certain course of navigation as of deviation.1 the safest, directest, and most expeditious mode of proceeding from one terminus to the other. The course thus prescribed is the lawful course of the voyage insured. Being a matter of general mercantile notoriety, this course is presumed to have been contemplated by the parties to the policy at the time of entering into their contract; and is therefore considered as forming part of the policy quite as much as though it were in express terms therein set forth. condition of In every contract of insurance, by means of a voyage An implied policy, the meaning of the parties is taken in law to be that the policy. the assured shall have the protection of the policy only so long as he strictly pursues this prescribed course of the voyage insured from beginning to end throughout with all safe, convenient, and practicable expedition. It is only upon this condition, never expressed, but universally implied, that the underwriter agrees to indemnify the assured; any failure, therefore, to comply with it alters the nature of the risk 1 The subject of this chapter affects 23 Kent, Com. 312. voyage policies only. M. G G |