Anlage B 49 



and Seizure Clause". Siuce the beginning of this present War I have on 

 various occasions advised clients of mine, both Insurers and Assured, on 

 the form a War Risks Insurance ought to be taken in the irrespective interests. 



I have always advised Insurers (Underwriters) that the form adopted in 

 this London & Provincial Policy (which is the commonest form) is the best 

 that could be devised from their point of view; that by it they take the 

 smallest bürden possible upon themselves: and I have always advised the 

 Assured (Shipowner or Cargo Owner) that they ought not to be content with 

 this form but should require an insurance specifically against the perils 

 mentioned in the "Free of Capture and Seizure Clause", that is to say, they 

 ought to have a Policy saying directly. "This Insurance is only to cover 

 the Risk of Capture, Seizure, Detention etc. etc." (using the remaining words 

 in the "Free of Capture and Seizure Clause"). As a matter of fact, numerous 

 heavy insurances have lately been done here in that form, which is by far 

 the better for the Assured, as it avoids what is an element of doubt in the 

 other form. The „Free of Capture and Seizure Clause" is a clause which 

 has been drawn, as it is, out of excess of caution, with the view of excepting, 

 without doubt, certain classes of risks as to which it was somewhat doubtful 

 whether or not they were included in the description of the risks to be 

 found in an English Policy. A little reflection will show that it may have 

 a different effect for an Insurer to say that he will be liable for Capture, 

 Seizure etc. (using the words "Free of Capture and Seizure Clause") from 

 bis saying, as this Reinsurance Policy does. ,,This Policy is only to cover 

 the Risks excluded by the following Clause", because that Clause may 

 possibly be constructed to contain more risks than are in the original Policy; 

 and, if that is so, a strict construction of the Policy with that clause in 

 would result in this, — that a loss, which is attributable only to a risk 

 which is not covered by the original Policy, would not be recoverable under 

 the Reinsurance Policy. Whether any such result will follow with this 

 London & Provincial Policy when read in conjunction with the original 

 Russian Policy I am unable to say until I see the latter document. There 

 are other considerations, which arise in construing this Policy, owing to the 

 use of the ambiguous words "say" and "Excluse" in the War Risk Clause, 

 but these I will deal with when I have all the materials before me. 



As your friends will see it serves no good purpose talking at large 



without having all the facts before one, and I therefore suggest that they 



should without delay procure for me the documents above referred to and 



endeavour to procure the evidence which I have indicated and I shall then 



be able to go into the matter fully. When all the material has been got 



together I suggest that after I have considered it I should be allowed to 



place it before one of our leading Counsels and ask him for Ins opinion on 



the whole matter. . 



lours iaitniully 



JAS. BALLANTINE. 



