HORSES AS THE SUBJECT OF INSURANCE. 223 



insurance of horses with a company authorised to insure 

 against loss and damage by lire, lightning and inhxnd naviga- 

 tion and transportation, is void if it be taken against death 

 and disease, (a) But wliere the charter in a mutual insurance 

 company contines the insurance within certain counties, the 

 loss of a horse insured in one of the included counties, and 

 removed to another, is covered by the policy. (6) 



176. Horses as the subject of Insurance The horse 



insured must be clearly specified in the policy so as to leave 

 no doubt as to its identity, except in the case of floating 

 policies,(c) when a similar precision is requisite in defining 

 the premises in which the horse is kept. An unborn foal 

 may be the subject of insurance. (</) The horse insured also 

 must be at hazard ; and it is held to be so even though it 

 may have perished, or been injured, if this be unknown on 

 entering into the contract ; the insurer in such a case takes 

 the risk of past losses ; that is to say, the risk attaches from 

 a date anterior to the date of the contract, (e) It is not 

 necessary that the horse belonged to the insured; for any 

 one who has an insurable interest in it may insure it.(/) 

 Horses are usually identified in a fire or horse insurance 

 policy by description of them, or of the building, stable, or 

 farm they are in when insured ; in a marine policy, by the 

 ship, or by description ; and when a consignment of horses 

 are sent by sea, they should be sent " by ship or ships," if it 

 is not knoAvn by what vessels they are to travel. ((/) 



Horses are not " goods " in the sense of being general cargo, 

 and when so sent a special declaration on the policy that it 



(a) Insurance Co. v. Martin, 13 Minn, 59, cited in Lawson's Rights, Remedies 

 and Practice, § 2206. 



(b) Coventry Mut. Live Slock Ins. Association v. Evans, 102 Pa. St. 2S1, cited 

 in Lawson, ut sup. 



(c) § 182. 



{d) B. Pr. 459 ; § 188. 



(e) B. Pr. 458 ; Brett, J., in Bradford v. Sijmondson, 1881, L.R. 7 Q.B.D. 456- 

 463, 4. 

 (/) §177. 

 ig) B. Pr. 470. 



