Anlage G 57 



of the matter is that, unless some limit is put upon the right of abandonment 

 and a period prescribed for the same, as soon as the assured is foreibly 

 deprived of his property by a Foreign Power, he is in a position to tender 

 abandonment and to claim from his Underwriter. 



I would draw your attention to the fact that, in the American 1 policy, 

 the assured Warrants that he will not abandon until a certain number of 

 days after condemnation in a Prize Court, which of course puts the matter 

 on a perfectly different basis from that of the ordinary English policy. 



With reference to Question B I think the answer to the individual 

 queries are as under. 



1. No. 



2. Part 1 No. 



,, 2 No., unless the chartered freight itself has been specially 

 insured against War risk. 



3. (a) Yes. (b) Yes. Any charges immediatly arising therefrom. . 



4. No. 



5. Yes, if Underwriters are properly consulted beforehand. 



WILLIAM GOW. 



Case IV. 



December 1904. 

 Statement of Facts and Questions. 



Goods are insured 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. 



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

 the consequences thereof or any attempt thereat, and all consequences 

 of hostilities, riots, civil commotions or warlike Operations, whether 

 before or after declaration of war. 



The ship and goods being taken into port by a belligerent for 

 adjudication. 



Which are the rights of the assured against the insurers? 



Question A. 

 We believe that on receipt of the news. of such event the assured has 

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

 loss, of not accepted he has either to enforce his elaim 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 commence or 

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

 (The „Doelwijk" Ruys & Royal Exchange Assurance Corp.) or he may abidc 

 the issue of events and ultimatly claim as for a partial loss. 



