INSURANCE. 



pot recover back the premium, it lead after the rifle is run. 

 !',> Geo. IT. c. 37. But before the rifle is run, and while 

 -nitraft is executory, the infured may recover hack the 

 iim. If tlie contract be void, as being a re-infiirance, 

 ill the above cited ftatute, the infured (hall not be intitled 

 return of premium. If, under any circumilances, the 

 r might, at any time, have been called upon to pay 

 vhole lum infured, the premium is earned, and he (liall 

 'k- obliged to return any part of it. Although an in- 

 l.::a;.ce to proted trading with the enemy is void, yet the 

 inUuvd (hall not recover back the premium. In the cafe of 

 f'.iuj likevvife on the part of the inUirers, the premium fliall 

 : jcunicd. However it lias been doubted, whether tiie 

 ■r be bound to return the premium, in a cafe where 

 i has been committed by the infnred. The court of 

 ery, in two inilances, ordered a return of premium 

 ■ the policies were declared void for fraud committed 

 :• infured. The courts now hold a contrary doCtrine. 

 M the commencement of the rirti, the rule in England 

 t where the riik has not been begun, whether this be 

 ; to the fault, pleafure, or will of the infured; or to 

 :hercaufe, the premium lliall be returned. But if the 

 uices be upon a voyage, divilible into feveral diftinft 

 . or, which amounts to tlie fame, into feveral dillincl 

 3, the premium may be apportioned, according to 

 iVveral rifles ; and if one or more of thefe riiks fliould 

 ,;ve been commenced, the proportion of premium ap- 

 !c- to thofe parts fliall be returned. But if the rifle be 

 and be once commenced, tliere fliall be no return. If 

 ■i the premium is to be returned upon the performance 

 :'ie ilipulation agreed upon between the parties, this 

 i:i 111 be returned, though the infurer be obliged to pay a 

 partial lofs. As the infurer can never, by his own act, dif- 

 charge himfelf from the contraft, it feems reafonable, that, 

 where the infured thinks proper to put a ftop to the adven- 

 ture, and prevent the rifl< from ever commencing, he fliould 

 make fome compenfation to the infurer for his trouble and 

 difappointment ; it is therefore the general cultom in all the 

 maritime countries of Europe, to allow him to retain one- 

 half fer cent. 



With regard to aftions on policies of infurance, the 

 fole jurifdiclion belongs to the courts of common law ; 

 and the proper form of aftion againll private under- 

 writers, is fpecial " Afl'umpfit ;" which fee. The two 

 infurance companies, being corporations, can do no aft 

 but by deed under their common feals. Their policies of 

 infurance, being under feal, no aAion of " Afl^umplit" will 

 lie upon them, but only debt of covenant. See llat. 6 Geo. I. 

 c. iS, and 8 Geo. I. c. 30. The evidence generally adduced 

 on the part of the plaintiff is reducible to the following 

 heads, viz. proof of the contract, payment of the premium, 

 interell of the infured, performance of warranties and lofs. 

 For a further detail of thefe and other particulars, relating 

 to matters of infurance, and the determinations of judges 

 and courts of law in illullration and confirmation of them, 

 fee " A Treatife on the Law of Infurance,'' by Samuel 

 Marfliall, ferjeant at Law, in 2 vols. Loud. 1802. On this 

 fubjed, fee farther under Bahratry, Infurance Brokers, 

 Deviation, Policy, Salvagk, U.vdkhwriters, and 

 AVAi;R.\NTy. See alfo Bottomry and Re^I'ONdesti.\. 



In-surance upwi Liv.s, is a contraft by which the in- 

 furer, in confideration of a certain premium, cither in a 

 grofs fuin or by annual payments, undertakes to pay tlie 

 perfon, for wliofe benefit the infurance is made, a ftipulated 

 fum of money, or an equivalent annuity, upon the death of 

 the perfon whofe life is infured, wlicncver this fliall happen, 



if the infurance be for the \vhole life, or in cafe this fli3!l 

 happen within a certain period, if the infurance \)e for a 

 limited time. For the principles on which this kind of in- 

 furance is made, and other particulars relating to it, fee the 

 article A.ssuuance. It is generally a condition or war-" 

 ranty, in infurances upon lives, either inferted in the policy, 

 or contained in a declaration or agreement figiied by the 

 infured, that the perfon whofe life is meant to be infured 

 has not any diforder which tends to the fnortening of life ; 

 that he has, or has not, had the fmali-pox ; and that his age 

 does not exceed fo many years ; that this declaration fliall 

 be the bafis of the contraft between the infurers and the 

 infured ; and that if any untrue averment be contained 

 therein, the contraft fliall be void, and all money paid on 

 account of the infurance forfeited. As tliis declaration is to 

 be t;iken as part of the written contraft, amounting to a 

 warranty, it behoves every perfon who makes an infurance 

 upon a life, to be very circumfpecl in afcertaining the truth 

 of the allegations which it contains; becanfe upon that the 

 validity of the contraft mull depend. When there is no 

 warranty, the infurer takes the rifle upon himfelf, wtiatcver 

 may be the ftate of health of the perfon whofe life is ii:fured, 

 unlets there be fome fraudulent mifreprefeutation or conceal- 

 ment. 



In order to check the fpirit of gaming, which is ready to 

 avail itfelf of infurance upon lives, it is enafted by Hat. 

 14 Geo. III. c. 48. § I, that no infurance fliall be made by 

 any perfon or perfons, bodies politic or corporate, o;i the 

 life or lives of any pei'fon or perfons, or on any other event 

 or events whatever, wherein the perfon or perfons, for whofe 

 uie or beiie(it, or on whofe account, fuch polity or policies 

 fhall be made, fliall have no intereft, or by way of gaming or 

 wagering ; and that every infurance made contrary to ilie 

 true intent and meaning of this act, fliall be null and void to 

 all intents and purpofes whatfoever ; and that it fliall not be 

 lawful to make any policy or pohcies on the life or lives of 

 any perfon or perfons, or other event or events ; without 

 inferting in fuch pohcy or policies the name or names of the 

 perfon or perfons interelled therein, or for what ufe or be- 

 ne(it, or on whofe account, fuch policy is fo made or under- 

 wrote; — andthatin all cafes where the infured hath an interell 

 in fuch life or lives, event or events, no greater fura fliall be 

 recovered, or received from the infurer or infurers, than the 

 amount or value of the intereft of the infured in fuch life or 

 hves, or other event or events. This acl extends to every 

 fpecies of infurance except marine infurances, which are 

 exprefsly excepted. The different infurance companies an- 

 ncx to the contrail certain conditions or exceptions. For 

 thofe of the " Royal Exchange Afl'urance" (fee As- 

 SURANXE.) The fame exceptions are adopted by the " Well- 

 minller Society." The " Equitable Affurance," and the 

 " Pelican Life-infurance," adopt the fame exceptions, only 

 omitting the word " duelling," even where the party infures 

 his o-.vn hfe. Other focieties for infurance on lives, fuch an 

 the " Rock Infurance Society," &c. have been more 

 recently cllabliflied, and infurances of this kind are ni;.de by 

 fome of thofe focieties, which will be noticed in the next 

 article. 



The focieties which reftridl themfelves to infurance or> 

 lives are the following ; via. the " Amicable Society," in- 

 corporated by royal charter of queen Anne in 1706, fanc- 

 tioned by the grant of two fubfequent charters in 1730 and 

 in J 790, and further improved under the powers conferred 

 by a nev/ charter in 1807. By virtue of this charter, peifons 

 are admitted to iafure their own lives, or the lives of others, 

 in which they raayhave an interell, on the following payments : 



Table 



