Anlage G 55 



Anläse G. 



Case III. 

 Statement af Facts and Questions. 

 Goods are insured against war risk under one of the following 

 clauses, viz.: 



1. This insurance is against war risk only, say to cover risks excluded 

 by the following clause: Warranted free of capture, seizure, 

 detention etc. as below. 



2. This insurance to cover only the risks of capture, seizure, detention, 

 the consequences thereof or any attempt thereat, and also all 

 consequences of riots, civil commotions, hostilities or warlike 

 Operations, whether before or after declaration of war. 



The goods being captured by a belligerent and brought into port for 

 adjudication. 



Question A. 



Which are the rights of the assured against his underwriter? 



We think that on receipt of the news of such capture the assured has 

 the right to tender abandonment to his underwriters. If accepted a total 

 loss, if not accepted: he has either to enforce his claim by an action and 

 if the goods are not released at the moment at which the writ is issued, 

 the insurers are forced to settle a total loss, whichsoever may be the result 

 of a trial in a prize court or even if such trial may never happen or the 

 goods be restored to the owner at any time after the issuing of the writ. 

 (The „Dollwijk" Ruys v. Royal Exchange Assr. Co.) or he may abide the 

 issue of events and ultimately claim as for a partial loss. 



The ship and goods been captured and by some reason, no abandonment 

 has been tendered or after tender and declinement no action has been 

 brought. 



After a long delay the goods are released, the ship being either 

 condemned or restored. 



Question B. 

 Are the insurers liable under one of the above war risk policies for one 

 or all of the following losses? 



1. Loss of interest on the capital invested? 



2. Cost of maintenance of officiers and crew, if general average under 

 f i ench law or for charterers time chartered f reight during detention ? 



