Anlage G 59 



Iterns 1 and 2 would thus be excluded. 



Item 3 is a loss of freight and not a loss of goods and also excluded. 



Item 4. This can only be answered in a general way. Each case 

 would have to be judged according to its particular 

 circumstances, and the liability of the policy would depend 

 on whether the charges in question were the immediate 

 result of a specified peril, or if not, whether they came 

 within the scope of the sue and Labour clause. 



Item 5. I think is correctly chargeable to underwriters under the Sue 

 and Labour clause, but so far, I have not been called on 

 to consicler the question. 



You will always remember that the opinions here expressed are those 

 of a practical man and not of a lawyer and must be taken for what they 

 are worth and no more. w N WHYMPER. 



London, 14 ,b December 1904. 



Hamburg. 



Mess r 



Dear Sirs, 



With reference to your favour of 6 ,b inst. 



Question A. 



The case is put of goods being insured against „War risks", ship and 

 cargo are seized by a belligerent and taken into port for adjudication by 

 a Prize Court. Eventually the ship and cargo are released. What you 

 wish to know is whether according to-English Law the restoration of the 

 goods at any time before payment as for as total loss will preclude sue 

 total loss from being recovered. 



To this we would answer that such restoration in order to have this 

 effect, must be made before the commencement of actual litigation. When 

 once a writ is issued in respect of the claim under the Policy, restoration 

 will not defeat the Assured's rights as existing when the writ was issued. 



Your Underwriters are quite wrong in saying that: Insurers here are 

 only obliged to settle a total loss if the interest insured is finally condemned 

 in a Prize Court. What we give as our opinion was laid down in Ruys y 

 Royal Exchange Assurance Corporation, briefly the facts were as follows : 



An Insurance was taken out by Mess rs - Ruys & Co. of Rotterdam with 

 the above Insurance Co. on the Hüll of the „Dollwijk" to cover risks 

 excluded by the F. C. and S. Clause. The „Dollwijk" shipped a cargo of 

 contraband and on the 12 tb July 1896 sailed from Maasluis for Djibouti- 

 Red-Sea. The cargo was intended for the King of Abyssinia with whom at the 

 time of shipment — the Italian Government was at war. On the 

 8 th August the „Dollwijk" was captured by an Italian Cruiser. Mess" Ruys 



