262
APPENDIX D.-MISCELLANEOUS.
Enclosure.
PERMANENT COVER always open for full amount irrespective of declarations during the period of the war.
17, Gracechurch Street, London, E.C., 12th February, 1915. INSURED by Glanvill, Enthoven and Company, by order and for account of the Oversea Prize Disposal Committee.
£ Unlimited on hulls, machinery, etc., of prize vessels in ports oversea. This cover is taken out on behalf of the Oversea Prize Disposal Committee to insure any steamer, sailing vessel, or other craft, from noon on the 27th January, 1915, so far as Alexandria is concerned, and from noon on the 29th January, 1915, for other ports, or the date on which the order for detention is made by the Prize Court, provided such order is made subsequent to noon, 29th January, 1915.
To cover all risks whilst in port at 38. 4d. per cent. per month.
Institute port clauses as attached. 4/4ths R.D.C., protection and indemnity, excluding W.C.A.
Values as fixed by Messrs. Lachlan and Company. Limit £250,000 any one vessel.
Open.
Underwriters :-
10 per cent.
10
"
1
10
13
11
+1
11
21
+3
15
10
10 7
33
19
"
GLANVILL, ENTHOVEN AND COMPANY.
Commercial Union Assurance Company, Limited.
London Assurance.
Indemnity Mutual Marine Assurance Company, Limited. Marine Insurance Company, Limited.
Sea Insurance Company, Limited.
Royal Exchange Assurance Corporation.
British and Foreign Marine Insurance Company, Limited. Merchants Marine Insurance Company, Limited.
Ocean Marine Insurance Company, Limited.
Lloyd's Underwriters.
Attached to Policy per
With leave to proceed to and from ang wet or dry docks, harbours, ways, cradles, and pontoons during the currency of this policy.
Average payable irrespective of percentage, and without deduction of one-third, whether the Average be particular or general.
for £
General Averags and Balvage charges as por foreign custom, payable as per foreign statement, and/or per York-Antwerp rules. if required; and in the event of Salvage, towage, or other assis tance being rendered to the Vessel hereby insured by any Veasol belonging in part or in whole to the same owners, it is hereby #greed that the value of such services (without regard to the common ownership of the Vossola) shall be ascertained by Arbitra- Collision tion in the manner hereinafter provided for under Clause," and the amount so awarded, so far as applicable to the interest hereby insured, shall constitute a charge under this policy
In event of deviation to be held covered at an additional premium to be hereafter arranged.
In ascertaining whether the Vossel is a constructive total i loss the insured value shall be taken ma the repaired value, and nothing in respect of the damaged or break-ap value of the Vossel or wreck shall be taken into account.
It is also agreed that any changes of interest in the steamer hereby insured shall not affect the validity of this policy.
And it is expressly declared and agreed that no sala of the Insurer or Insured, in recovering, saving, or preserving the pro perty insured shall be considered as a waitar or acceptance of abandonment.
This Insurance also specially to cover loss of or damage to the bull or machinery, through negligence of Master, Marinara, Engineers or pilots, or through explosions, bursting of boilers, breakage of shafts, or through any latent defect in the Machinery. or Hull, or from other causes, arising either oh shore or other- wise, causing loss of or injury to the property hereby insured, provided such loss or damage has not resulted from want of dua diligence by the Owners of the Ship or any of them, or by the Manager, and to cover all risks incidental to steam navigation, or in graving docks.
COLLISION OLAUSE.
And it is further agreed that if the Ship hereby insured shall come into collision with any other Ship or Vossel, and the sasured shall in consequence thereof become liable to pay. and shall pay by way of damages to any other person or persona any sum or sums not exceeding in respect any one such collision the value of the Bhip hereby Insured, we the sasurers, will pay the assured auch proportion of such sum or sams so paid as our subscriptions thereto bear to the value of the Ship hereby Insured. And in cases where the liability of the Ship has been cuntested, with the consent, in writing, of a majority of the underwriters on the hull and/or machinery (in amount), we will also pay a like proportion of the costs thereby incurred or paid; but when both Vessels are to blame, then, unless the liability of the owns of one or both of such Vessels becomes limited by law, claims under the Collision Clauss shall be settled on the principle of Chose LtABILITIEN, no if the owners of each Vessel had been compelled to pay to the owners of the other of such Vasels such one-half or other proportion of the latter's damages na may have been properly allowed, in ascertaining the balance or sum payable by or to the assured in consequence of such collision.
Notwithstanding the foregoing, this Policy is :—
dated
And it is further agreed that the principles involved in this clause shall apply to the case where both Vessels are the property. in part or in whole, of the same owners, all questions of respon- sibility and amount of liability as between the two Ship being left to the decision of a single Arbitrator, if the parties can gree upon a single Arbitrator, or failing such agreement, to the decision of Arbitrators, one to be appointed by the managing owners of both Vessels, and one to be appointed by the majority in amount of Underwriters interested in sach Vessel; the two arbitrators chosen to choose a third Arbitrator before entering upon the reference. The terms of the Arbitration Act of 1880 to apply to such reference, and the decision of such single, or of any two of such thros Arbitrators, appointed as above, to be inal and binding.
This clause shall also extend to any tum which the Assured may become liable to pay, or shall pay for removal of obstruc- tions under statutory powers, or injury to harbours, whartes, piers, stages, and similar structures, or for loss of life or personal injury consequent on such collision.
PROTECTION AND INDEMNITY CLAUSE.
It is further agreed that if the Assured shall by reason of his interest in the insured ship become liable to pay and shall pay any sum or sums in respect of any responsibility, claim, demand, damages, and/or expenses arising from or occasioned by any of the following matters or things during the currency of this policy, that is to BAY—
Loss of or damage to any other ship, or loat or goods. merchandise, freight, or other things or interests, whatsoever
on board such other ship or boat caused proximately or other wise by the ship insured in so far as the same is not covered by the running down clause set out above.
Loss of or damage to any goods, merchandise, freight or other things or interest whatsoever other than as aforesaid (not being builders' gear or material or cargo on the insured ship) whether on board the insured ship or not, which may arise from any cause whatever. Loss of or damage to any harbour, dock (graving or other- wise), slipway, way, gridiron, pontoon, pier, quay, jetty. stage, buoy, telegraph cable, or other fixed or movable thing whatsoever, or to any goods or property in or on the same, howsoover caused.
Any attempted or actual raising, removal or destruction of the wreck of the insured ship or the cargo thereof, or any neglect or failure to raise, remove, or destroy the same. Any sum or sums for which the Assured may become liable or incur from causes not hereinbefore specified, but which are absolutely or conditionally, recoverable, from or undertaken by the Liverpool and London Steamship Protection Associa tion. Limited, and/or North of England Protecting and Indemnity Association, but excluding loss of life and personal injury and matters expressly excluded from any of the above clauses.
The undersigned will pay the Assured such proportion of such sum or sums so paid, or, which may be required to indemnify the Assured for such loss, as their respective subscriptions, bear to the policy value of the ship hereby insured, and where the liability of the Assured has been contested with the consent in writing of a majority (in amount) of the Underwriters on the ship hereby insured, the undersigned, will also pay a lika propor- tion of the costs which the Assured shall thereby incur or be compelled to pay
(a) Warranted free from any claim arising directly or indirectly under Workmen's Compensation or Employers Liability Acts,
and any other Statutory or Common Law liability in respect of nocidenta to workmen.
(a) Warranted free of capture selsure and detention and the consequences thereof or any attempt therast piracy excepted and
also from all consequences of hostilities or warlike operations whether before or after declaration of war, To return
per cent. for each uncommenord thirty days on cancelling this insurance and arrival. Policy to be cancelled at option of amured.
PUBLIC RECORD OFFICE
Reference :---
FICO. 885
24 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH——NOT TO
100 per cent.
226
No. 5.
CORRESPONDENCE
AND GLANVILL, ENTHOVEN WITH Messrs. COMPANY RELATING TO A SCHEME FOR FIRE INSURANCE OF
ΤΟ OR ORDERED
BE CARGO AWAITING ADJUDICATION DETAINED BY PRIZE COURTS OVERSEA, TOGETHER WITH INSTRUCTIONS AND FORMS FOR USE IN CONNEXION WITH THE INSURANCE OF PRIZE CARGOES.
(1)
MESSES. GLANVILL, ENTHOVEN AND COMPANY, to OVERSEA PRIZE DISPOSAL COMMITTEE.
DEAR SIR,
17, Gracechurch Street, London E.C., 5th February, 1915. Fire Insurance at Alexandria and Other Places. REFERRING to our recent interviews and correspondence, we beg to confirm the following points which have been discussed between us :-
1. The cover arranged on your behalf is unlimited in amount, and the risk is divided as shown in the formal cover note enclosed, but it is understood by the Companies that £250,000 is the largest amount in any one vessel.
2. It is understood that the risk at Alexandria commenced at noon on 27th January, 1915, and at other places at noon on 29th January, 1915, subject to any special provision mentioned below.
8.
You are to supply us with an outside estimate (which is not to be regarded as binding) of the nature and value of the cargo on each steamer, and also ashore.
Al bucu
COLLISU KU ULJUČKA KIMA, UKSTAS
ĐÀO GIAI
TT KASVIRL
VIEW
A KENYA A VELAVN
Companies have been at risk will be adjusted in London, and for this purpose your representative will provide an estimate of the value of the cargo, and give briefly some explanation of how he arrives at that estimate.
7. In the event of a fire your representative will advise you by cable, so that prompt action may be taken to protect the interests of all concerned.
8. If it is found at the time of the release of the cargo that the receiver has effected an insurance which would have protected the interests of the Prize Court, the Companies agree that, on production of satisfactory evidence to this effect, the premium for such cargo shall not be charged, but your representative must satisfy himself that had the cargo been burnt the claim would have been paid under the policy arranged by the receiver. This concession on the part of the Companies is granted in order to avoid detail involved in cases of double insurance.
(The production of the policy or a Company's official receipt can alone be accepted as satisfactory evidence.)
9. It is necessary for your representative to arrange, as far as possible, for any existing insurances to be cancelled forthwith, and that no fresh insurances are effected locally, so that everything can be insured under the one cover, and thus no question of double insurance can arise.
We think we have covered everything discussed between us under the above headings. It might be well, as a check of the veracity of the receiver of cargo, if your representative gave the number of the policy, or receipt, with the name of the Company, in those cases referred to under Clause 8.
We are, &c.,
GLANVILI ENTHOVEN AND COMPANY.
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