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Form of Policy for Marine Insurance in Paris.
Union des Ports.
Policy for Maritime Insurance in Paris.
No. of 185
Ship Sum insured, £ at per cent. £
Captain Policy and Stamp
Voyage Total £
Article 1. The Insurers take upon themselves the risks of all
damages or losses arising from tempestuous weather, shipwreck,
striking on rocks, accidental collision, forced concessions, forced
changes of route of voyage of ship, throwing over cargo, fire, pil-
lage, captures and molestations from pirates, barratry of the master,
and generally from all accidents and perils incidental to navigation.
Art. 2. Risks of war are only undertaken by the Insurers when
there is an express stipulation. In this case it is understood that
they answer for all damages and losses arising from war, hostilities,
reprisals, detentions, captures, and molestations of any government
whatsoever, friends and enemies, known and unknown, and gene-
rally from all accidents and perils of war.
Art. 3. The Insurers are exempt from all damages and losses
arising from the nature of the cargo, from captures, confiscations,
and other accidents arising from contraband, prohibited, or clan-
destine commerce, from the barratry of a master who has a cha-
racter for deceit or fraud, but only so far as regards the owners or
their representatives when the master is chosen by them ; and lastly,
from all costs of quarantine, wintering, and "jours de planche."
Art. 4. In insurances for time, the Insurers are exempt, except
by special agreement, from the risks to Senegal, in all seasons, and
from those of the Black Sea, the Baltic, and the Northern Seas
beyond Dunkirk, from the 1st October to 1st April.
Art. 5. Risks upon cargo commence from the time of loading,
and terminate upon its being discharged at the place of destination.
The risks of transport, by tenders or lighters, to and from shore
aboard, in the ports, roads, and rivers where cargo is taken or dis-
charged, as well as all transhipments at Havre or Honfleur for
Rouen, are undertaken by the Insurers.
In case of insurance at a premium out and home, or for time,
the risks continue on the goods substituted for the first, and aris-
ing from their sale or exchange, according to the amount insured.
Form of Policy for Marine Insurance in Paris, 181
and, excepting as to proof of their value and of the risk having been
undertaken, in cases of loss or average.
Art. 6. The risks upon the bodies of ships run from the time
of beginning loading, or in other cases from the time of setting
sail, and cease 5 days after her being at anchor or moored in the
place of destination, unless the cargo has been discharged sooner,
or cargo for another voyage has been taken on board before the
expiration of these 5 days.
Art. 7. The risks of quarantine in the place of destination are
undertaken by the Insurers. If the ship proceeds to perform qua-
rantine elsewhere, an augmentation of premium is required of 1
per cent, on the body of the ship, and of f per cent, on the cargo,
from the day of departure till her return.
Art. 8. In case of assurance at a premium out and home, for a
voyage beyond Cape Horn and the Cape of Good Hope, the cap-
tain is allowed 6 months' delay, counting from the day of his
touching at the first port where he is to commence operations.
In other voyages only 4 months are allowed. At the expiration of
these periods, respectively, each month's further delay causes an
augmentation of premium of f per cent, per month up to the end
of the twelfth month. After this the Insurers are free from all
risks, and may claim two-thirds of the premium out and home fixed
by the poUcy, besides the augmentation of the premium arising
from the delay.
Art. 9. In all cases in which the premium is calculated by
monthly or other fixed periods, every period commenced reckons as
Art. 10. If the insurance is made on ships, name unknown,
the Insured is bound to give the name of the ship at the latest
within six months for voyages beyond Cape Horn and the Cape of
Good Hope; within four months for other long voyages; within
two months for long coasting ; within one month for short coast-
ing; in each case to commence from the date of the policy; in
default of which the policy is wholly void, and the Insurers may
claim one-half per cent, for cancelling the insurance for long
voyages, and one-quarter per cent, for coasting.
Art. 11. If the insurance be effected on a ship leaving Europe,
and the departure be delayed more than three months, dating from
the risk being subscribed, the Insurers have the power to cancel
the policy, retaining a quarter per cent, for annulHng it.
Art. 12. The abandonment in absence of information may be
made after a year for all voyages on this side of Cape Horn and
the Cape of Good Hope ; and after two years for all voyages beyond
182 Form of Policy for Marine Insurance in Paris.
those Capes ; in all cases to count from the day when the latest
news was received. The abandonment of cargo can only be made
in the cases provided for in the preceding paragraph, and by Art.
394 of the Code de Commerce ; and provided that, independent of
all expenses whatever, the loss or deterioration shall be at least
three-fourths of the value. No other case, not even that of sale in
the course of the voyage, gives a right to abandonment of cargo.
The abandonment of the ship can only be made on account of
the absence of information, of shipwreck, of stranding with damage
sufScient to render her unseaworthy, or from unseaworthiness from
any other peril of navigation.
Any conditions contrary to those expressed in the three preced-
ing paragraphs will be in opposition to the Code de Commerce, and
especially to Articles 369 and 375.
Art. 13. Whether there be ground for abandonment or not,
and without any prejudice to his own rights, the Insured is bound
to watch over the safety and preservation of the goods insured.
Art. 14. General averages are regulated independent of parti-
cular averages, and are settled after reserving 1 per cent, of the
insured value on long voyages, and 3 per cent, for long and short
coasting. The portion of these averages attaching to freight can
never be carried to the account of the assurance on the ship.
Art. 15. Particular average on the ship, and what appertains
thereto, are paid after the deduction of 3 per cent, of the insured
Art. 16. In case of insurance at a premium out and home, or
for time, every voyage forms a separate transaction. The end of
each voyage is determined according to Articles 5 and 6, and the
following voyage is considered to commence immediately.
Art. 17. In case of abandonment of the ship, the owner remains
responsible for wages due to the seamen previous to the voyage in
which the loss is incurred.
Art. 18. In the settlement of particular averages upon ships,
allowance is only made for objects replacing those lost or damaged
by perils of the sea, and all restitutions by the Insurers suffer a
reduction in their proved cost price of one-third, instead of repara-
tion. This reduction equally applies to all the repairs and refitting,
except to the anchors. It is only 15 per cent, on chain cables.
The same reductions are applicable to the settlement of claims
for general' average by the Insurers on the bodies of ships.
The provisioning and wages of the crew during the repairs of
the ship are not chargeable to the Insurers.
Form of Policy for Marine Insurance in Paris.
In the risks of fisheriesj the Insurers are exempt from all loss
and average on the embarkations, the fishing implements, anchors,
chains, cables, &c., during the fishing and the anchorage. In like
manner, in the different anchorages of the He de Bourbon, the loss
either in particular or general average (so far as concerns the in-
surance on the ship) of anchors, chains, cables, and their appur-
tenances, is not chargeable to the Insurers.
Art. 19. The premiums of loans contracted for repairs and
extraordinary expenses in the course of the voyage, are only
chargeable to the Insurers as far as the place of destination on this
voyage ; all loans made at that place are unrecognized by them.
Art. 20. The follovring are free of particular average : — fruits,
green and dried, cheese, wools greased, salt, feathers, liquids in
bottles, glass, and other fragile articles, and articles subject to
rust; nevertheless, in case of stranding or wreck, particular average
is paid on these articles, deducting 15 per cent, on the insured
In case of particular average on other merchandise, the Insurers
pay only the excess of
3 per cent, on
Pitch and Tar
Cloth, and other
Coffee in cask
Allspice in bags
Linen and Cotton
Pepper in bags
5 per cent, on
Rice in casks
Glue in casks or
Cocoa in casks
Meal in barrels
Sugar in casks or
Coffee in bags or
Cordage (not tarred)
Ginger in casks
Gum in casks
Tobacco in casks
• 10 per cent, on
Almonds in casks
Flour of Sulphur
Salts of Soda
Ginger in bags
Paper & Stationery
Gum in bags or loose
Sugar in bags or bales
Cocoa in bags or bales
Grain and Seeds in
Skins and Furs
barrels or bags
Fish, dry or salt
Tobacco in bags or
Hemp and Flax
Pepper and Allspice
Leather and Hides
Blue Stuffs called
Liquids in casks
Rice in bags
Meal in bags
15 per cent, on
Hay and Straw
Paper and Stationery
Grain and Seeds
184 Form of Policy for Marine Insurance in Paris.
On objects not described in the preceding table, the proportion
which is free of average is fixed at 5 per cent. The amount of 10
per cent, free of average, as above mentioned, on liquids in casks,
is independant of the proportion free of average for ordinary
leakage, which is fixed at 2 per cent, for short coasting, at 4 per
cent, for long coasting, and at 10 per cent, for long voyages.
Art. 21. The proportions above fixed are only reserved in the
case of average to the merchandise itself. The particular averages
confined to expenses, or arising out of a proportional contribution,
are paid with a reserve of one per cent, on the sum insured, and
that independent of the particular average to merchandise.
Art. 22. The sum subscribed by each Insurer is the limit of his
engagements. He cannot be called upon for more.
Art. 23. The indemnities for losses, and gross and particular
averages, are regulated by the laws and customs of France, in what-
ever place the loss may occur, or the voyage terminate, or the
settlement be made.
Art. 24. All losses and averages chargeable to the Insurers are
paid in ready money, and without discount, 15 days after proof of
the claim to the bearer of the proofs and the present policy, with-
out need of a power of attorney.
Art. 25. In case of payment of losses or average before the
bill for the payinent of premium is due, the Insurers may deduct
the amo\mt of the bill, which must then be accepted as cash.
Art. 26. In case of nonpayment of the premium, legally
proved, the Insurers may require security, or cancel the insurance.
Art. 27. It is agreed that the captain may be accepted or
declined, or replaced by another ; and the manner in which his
name is spelled does not vitiate the insurance.
Art. 28. The Insurers and the Insured, as far as each are con-
cerned, engage themselves to conform to the laws and maritime
regulations in force, in whatever is not provided for in the present
Art. 29. The present insurance is made " sur bonnes ou mau-
vaises nouvelles ;" to be executed freely and in good faith, the
parties renouncing the " Heue et demie par heure."
By the agency of M. Assurance Broker on the Paris
Bourse, on the preceding general conditions, and the particular
conditions which follow, and for the premium of payable
in Paris, the undersigned insures to residing at
acting on account of the sum of