Anlage G 63 



Gutachten der Marine Insurance Co. Limited, Liverpool. 



(William Gow.) 



The effect of the deletion of the F. C. and S. clause in the English 

 Policy form, restores the policy to its original terms, by which we cover 

 risks of Men-of-War, Fire, Enemies, Pirates, Rovers etc. etc. as per the 

 ordinary wording of Lloyds Policy. But, under English Law, we are liable 

 only for material damage to the Interest insured when this damage is 

 proxiraately or immediately caused by one of the Periis insured against. In 

 other words, on the English form of policy with the F. C. & S. Clause 

 deleted, we are not liable for a consequential loss, such as loss of Profit, 

 Interest, Market or other subsidiary loss which in itself is a consequential 

 result of War Periis. 



Replying to your favour of the 26 th inst, we beg to say that in our 

 opinion. any such consequential damage as that mentioned by you in your 

 letter aforesaid arising only through the inherent nature of the interest insured, 

 would not, in the circumstances detailed by you constitute a claim against 

 the Underwriters against risks of War. Further we do not think that English 

 Underwriters against War are liable for risk during stowage at intermediate 

 port except for risks immediately arising from warlike acts — for instance — fire 

 resulting from explosion of a shell, or damage arising from impact of a shot. 



As regards the risk from such intermediate port to destination there is 

 more room for diversity of opinion. It appears to us that war Underwriters 

 are certainly not liable for ordinary marine risks on such a voyage, but in 

 the case where the original shipment was made by a neutral, it appears to 

 us that the original war Underwriters might be liable for war risk on such 

 trip completing the voyage, if made by a neutral; but we certainly do not 

 think that they would be liable if the venture were ended in a vessel of 

 belligerent flag. 



Copy. London, 7 th March 1904. 



Mr 



London. 

 Dear Sir. 



The question arises — we understand — as to whether a Policy all risk — 

 i. e. with average — would cover the Assured against all and every risk in 

 the event of voluntary delay — in consequence of war — to this we would say 

 most emphatically no — delay causing Flour for example to become weevilly 

 would not be a head of claim falling to be paid by Underwriters as it would 

 arise not from delay — but from the nature of the article. 



Generally speaking Underwriters are only liable for the immediate con- 

 sequence of War, delay and consequent charges might well be the result of 

 an Option exercised by the master of a clause in the bill of Lading — in that 

 case Warehouse rent etc., would not be a "consequence of war" but the 

 consequence of an option in the contract of carriage, that has been exercised, 



