Verwandte Artikel zu Ruling Cases (Volume 13)
Inhaltsangabe
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897. Excerpt: ... (I) General Rules. '(2) Implied Warranties and Conditions. (3) Express Warranties and Exceptions. (4) Valued Policy. (5) Suing and Labouring Clause. Section VIL Deviation and Change of Voyage. See Deviation (Vol. IX.). Section VIII. Loss. Causa proximo spectatur. Section IX. Abandonment and Total Loss. See Abandonment (Vol. I.). Section X. General Average Loss. Section XI. Adjustment of Losses. Section XII. Return of Premium. Section I.--Insurable Interest. No. 1.--LUCENA v. CRAUFURD. (1802-1806.) ROLE. A Contract of marine insurance is, in its essence, a contract of indemnity; and, therefore, an interest of appreciable commercial value in the subject of insurance is of the essence of the right to recover upon the contract. Insurable interest must exist and be averred from the commencement of the risk to the time of loss. An expectation not involving any right in the nature of property, and not accompanied by possession or any power of disposal, does not confer an insurable interest. Ho. 1.--Lncena v. Craufurd.--Bule. Where a foreign shipv is taken by an act of Sovereign power, a subject of the Sovereign captor cannot, until condemnation, have any title conferring an insurable interest; but the King may, by reason of his possession, have such an interest. (IX THE EXCHEQUER CHAMBER.) Lucena v. Craufurd and others; In Error. 3 Boa. & P. 75-106 (6 R. R. 623). Insurable Interest. On an insurance on Dutch ships taken possession of before any declaration of war by Commissioners (commonly called "the Dutch Commissioners") appointed under the powers of an Act of Parliament authorising the Commissioners to take possession, manage, sell, and dispose of the ships: Held, by the House of Lords, reversing the decision of the King's Bench and Exchequer Chamber, that, as...
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