68 Anlage H 



Anlage H. 



Royal Exchange Assurance Co. 



"The Doelwijkes". 



There was war between Italy and Abyssinia. The "Doelwijk" carrying 

 arms to a port in the Red Sea, presumable for the Abyssinians, was seized 

 by Italian warships and taken before a prize court at Rome. The vessel was 

 insured with the Royal Exchange Assurance Co., including risks of capture. 

 The vessel was seized on 9 th August 1896, abandonment was tendered and 

 refused on 14 th , and a writ was issued on 21 st - Subsequently the ship was 

 condemned, but on the 8 th December however, and before trial. The vessel 

 was released as an act of grace. It was contended by the plaintiff that 

 inasmuch as the vessel, at the date of issue of the writ, was a constructive 

 total loss, he was entitled to payment under the policy, and that the sub 

 sequent events were not to be imported into the argument. Judgment for the 

 plaintiff, the object of litigation being to settle disputes, it is 'obvious that 

 some date must be fixed upon when the respective rights of the parties may 

 be finally ascertained ; and the line of the writ may be regarded as a line 

 of convenience, which has been settled by uniform practice for at least 

 70 years. Restoration of captured ship after action brought does not relieve 

 underwriters from liability for total loss. 



Annual report of the "Association of Average Adjusters" May 1898. 

 Digest of Cases. 8 pag. 72 and Chairmanns Adress pag. 12. 



