time, vol. i., c. 3, Park, Marshall, and Arnould. The latter, while admitting that a rule prevailed, of giving indemnity for loss sustained at sea, state that this partook merely of the nature of a bounty, given by the Roman Government under Claudius to induce merchants to embark their cargoes, in order to secure a supply of provisions, and that it bore little or no analogy to our Contract of Insurance. But when we remember the great commerce of Tyre, Carthage, of Asia Minor, of Rhodes and Alexandria, it seems improbable that Greece and Rome were unacquainted with the system of Insurance. It seems first to have been introduced into England by the Lombards, about the thirteenth century. The Lombards were a people distinguished for their commercial enterprise, and for the extent of their foreign connections, which they established wherever they could obtain a footing, and circumstances offered opportunity of success to their trade. Since that time Insurance has grown and extended itself so advantageously in this country, that it is now recognised as among the most useful and beneficent of institutions, providing in an eminent degree against disaster, and the common calamities to which all are more or less exposed. It is no longer confined to Marine, Fire, and Life Insurance; for there are the Passengers' Accident Assurance Company, the Accidental Death Insurance, the Diseased Life Insurance, the Medical Invalid Insurance Company, and a host of others, too numerous to name. The Author ought, perhaps, to apologize for entering on a work on the Law of Insurance, where that subject has been so ably written upon by so many learned treatises in England; and it is not without a due sense of this that he has done so; but his object has been merely to present a Compendium or Epitome of that law, bringing down the cases to the latest date. With no pretensions to the detail or learning of these treatises, this work will be found to rest its claim to consideration on the accuracy and care with which it professes to condense the subject into the form of a Compendium. Under each chapter or branch of the law, will be found treated—1st, Marine Insurance; 2d, Fire Insurance; and 3d, Life Insurance. ; For example, under the heads, Concealment of Material Circumstances, or Misrepresentation, these three branches of the Law of Insurance will be consecutively and separately treated, and so on throughout. CONTENTS. CHAPTER I. Persons CAPABLE OF INSURING, Alien Enemies cannot Insure, breaks out between his country and Great Britain, British Ship, Licenses to Trade with the Enemy, Subject, . or beneficial interest in, or profit to be derived from it, Insurance, and at the time of the Loss, Interest, 5 6 6 7 7 7 7 8 9 10 CHAPTER II. CONSTITUTION OF CONTRACT, Definition of Contract, 10 10 10 11 11 11 point, Insertion of the Parties' Names for whose Benefit, 11 11
CHAPTER VI. 1 Page 12 Effect of Preparatory Agreement before Policy is executed, This good, if Premium has been fixed, so as to entitle the Party to delivery of a Stamped Policy, or to Damages for It cannot be adduced to contradict the Policy, Policy, Terms and Clauses thereof, Different kinds of Insurable Interest :- In Fire Insurance, there must be an Interest at the Time of In Marine Insurance, on Ship or Goods, it is enough that the Interest exists at the Time of Insuring, In the Insurance on Freight, there must be an Interest in the Insured at the Time of effecting the Policy and at Insurable Interest on Profits, Carriers, Warehousemen, and Depositaries have an Insur- . The CONTRACT IS ONE OF GOOD Faith. Concealment in Marine Insurance, Concealment in Life Insurance, Materiality of Facts concealed, 69 78 80 CHAPTER VII. MISREPRESENTATION, Effect of Misrepresentation on Policy, 83 84 |