232 RISKS IN A HORSE INSURANCE POLICY. 



mere usage, it is not binding unless it can be shown to be 

 within the knowledge of the assured, (a) 



187. Loss Recoverable in a Marine Policy. — The loss 

 must have been within the policy ; and it is either total loss, 

 or, if the policy be not valued, partial loss to the amount 

 claimed. The burden of proving the loss lies upon the 

 insured, the general rule being that the best proof is to be 

 given Avhich can be had in the circumstances. (6) In claim- 

 ing total loss it is sufficient to prove that the horses were 

 embarked, that the ship sailed and never arrived at her 

 port. If it be proved that the ship was reported to be lost 

 and her crew saved, that is held ijriind facie proof of loss, 

 without the necessity of calling or proving the absence of 

 the crew.(c) 



The loss on horses in a valued policy will be estimated as in 

 the case of other goods, by the invoice price, with charges, 

 premium, broker's commission, and charges of moving. (cZ) 

 In an open policy there are two methods of valuation. 

 Either the invoice is taken with premium, &c., and the net 

 proceeds of the sale are deducted, or the amount of the sales 

 is compared with a pro forma account of the same horses 

 had they arrived in proper condition, (e) 



188. Risks in a Horse Insurance Policy. — These usually 

 are: — Accidental death as — e.g., by lightning,(/) or an 

 accident necessitating the immediate destruction of the horse 

 while in the charge of the assured or his paid servant, and 

 death from disease : but glanders and farcy are invariably 

 excepted. The ordinary British horse insurance policy also 

 excludes the risks of death, when the horse is out of Great 

 Britain and Ireland, or when death ensues from neglect or 



(a) §§ 11, 40 ; Gahay v. Lloyd, 1825, 3 B. and Cr. 793 ; Arnould, 843, 844. 

 ib) B. Pr. 496, Fcrricr v. .SaiuHcman, 1809, 15 F.C. 373. 



(c) Kostcr V. Eeid, 1826, 6 B. and Cr. 19. 



(d) B. Pr. 502. (c) B. Pr. 504. (/) See § 179. 



