(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "Form of Policy for Marine Insurance in Paris"

STOP 



Early Journal Content on JSTOR, Free to Anyone in the World 

This article is one of nearly 500,000 scholarly works digitized and made freely available to everyone in 
the world byJSTOR. 

Known as the Early Journal Content, this set of works include research articles, news, letters, and other 
writings published in more than 200 of the oldest leading academic journals. The works date from the 
mid-seventeenth to the early twentieth centuries. 

We encourage people to read and share the Early Journal Content openly and to tell others that this 
resource exists. People may post this content online or redistribute in any way for non-commercial 
purposes. 

Read more about Early Journal Content at http://about.istor.org/participate-istor/individuals/early- 
journal-content . 



JSTOR is a digital library of academic journals, books, and primary source objects. JSTOR helps people 
discover, use, and build upon a wide range of content through a powerful research and teaching 
platform, and preserves this content for future generations. JSTOR is part of ITHAKA, a not-for-profit 
organization that also includes Ithaka S+R and Portico. For more information about JSTOR, please 
contact support@jstor.org. 



180 



Form of Policy for Marine Insurance in Paris. 

Union des Ports. 

Policy for Maritime Insurance in Paris. 

No. of 185 

Broker, M 

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 
completed. 

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 
value. 

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. 



183 



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 
value. 

In case of particular average on other merchandise, the Insurers 
pay only the excess of 





3 per cent, on 




Alum 


Cochineal 


Metals 


Soap 


Batter 


Tarred Cordage 


Mercury 


Silks 


Wood 


Raw Cotton 


Jewellery 


Sulphur 


Pitch and Tar 


Cloth, and other 


Lace 


Tallow 


Coffee in cask 


Woollen Stuffs 


Precious Stones 


Tea 


Cinnamon 


Coin 


Allspice in bags 


Linen and Cotton 


Cassia Lignea 


Madder 


Pepper in bags 


Cloths . 


Wax 


Indigo 


Bark 


Quicksilver 


Cloves 


Washed Wool 


Ribbands 


Verdigris 




5 per cent, on 




LoteFrait 


Coal 


Cotton Thread 


Rice in casks 


Jewellery (imitation) 


Glue in casks or 


Curcuma 


Saddlery 


Cocoa in casks 


boxes 


Meal in barrels 


Sugar in casks or 


Coffee in bags or 


Cordage (not tarred) 


Ginger in casks 


boxes 


bales 


Horns 


Gum in casks 


Tobacco in casks 




• 10 per cent, on 




Almonds in casks 


Flour of Sulphur 


Gallnuts 


Salts of Soda 


Starch- 


Ginger in bags 


Paper & Stationery 


Soda 


Anise-seed 


Gum in bags or loose 


in boxes 


Sugar in bags or bales 


Cocoa in bags or bales 


Grain and Seeds in 


Skins and Furs 


Sumach 


Coffee (loose) 


barrels or bags 


Fish, dry or salt 


Tobacco in bags or 


Hemp and Flax 


Engravings and 


Pepper and Allspice 


bales 


Hair 


Lithography 


(loose) 


Colours 


Leather and Hides 


Cashmere Wool 


Potash, Pearlash 


Blue Stuffs called 


Oak Bark 


Liquids in casks 


Rice in bags 


Guinea 


Meal in bags 


Animal Black 








15 per cent, on 




Cocoa (loose) 


Vegetables (dried) 


Hay and Straw 


Paper and Stationery 


Grain and Seeds 


Nitrates 


Loaves 


in bales 


(loose) 









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 
policy. 

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