INSURANCE. 
the information of the insurer, to enable 
him to form a just estimate of the risk. 
A misrepresentation in a material point 
avoids the contract; and the insured cannot 
recover on the policy for loss arising from 
a cause unconnected with the fact misrepre- 
sented. So if it be made without knowing 
whether it be true or false, or even if the 
person making it believe it to be true ; but 
if he only give it as his belief, without 
knowing the contrary, it will not affect the 
contract. Concealment consists in a fraudu- 
lent suppression of any fact or circumstance 
material to the risk. This, like every other 
fraud, avoids the contract ab initio, upon 
principles of natural justice. But it is not 
merely on the ground of fraud that a con- 
cealment avoids the contract ; even an in- 
nocent concealment of material facts will 
avoid the policy. 
Sea-worthiness. In every insurance, whe- 
ther of ship or goods, there is an implied 
warrantry of the sea- worthiness of the ship, 
that is to say, that she shall be tight, 
staunch, and strong, properly manned, and 
provided with all necessary stores, and in 
every other respect fit for the voyage. 
Deviation, is a voluntary departure, with- 
out reasonable cause, from the regular- 
course of the voyage insured. From the 
moment this happens the contract becomes 
void. The course of the voyage does not 
mean the nearest possible way, but the 
usual and regular course. Accordingly 
stopping at certain places on the voyage is 
no deviation, if it be customary so to do ; 
but such usage can only be supported by 
long and regular practice. 
Loss, is either total or partial. The term 
total loss means not only the total destruc- 
tion of, but also such damage to the thing 
insured, as renders it of little or no value to 
the insured, although it may specifically 
remain. Thus, a loss is said to be total, if, 
in consequence of the misfortune that has 
happened, the voyage be lost or not worth 
pursuing, and the projected adventure frus- 
trated ; or if the value of what is saved be 
less than the freight, &c. A partial loss is 
any thing short of a total loss ; such losses 
are sometimes styled average losses. Losses 
by perils of the sea are generally understood 
to be such accidents or misfortunes as pro- 
ceed from sea damage ; that is to say, such 
as arise from stress of weather, winds, 
waves, lightning, tempests, rocks, sands, 
&c. 
If a ship be not heard of for a reasonable 
time, she shall be presumed to have foun- 
dered at sea, and the insured lias a right to 
recover as such, from the underwriter. A 
loss by fire, which is merely accidental, and 
not imputable to the master or mariners, is 
undoubtedly within the policy. If a ship be 
burnt by order of the state where she hap- 
pens to be, to prevent infection, this also 
has been held a loss within the policy. 
If a ship be attacked by an enemy, and 
the captain, unable to defend her, leave and 
set fire to her to prevent her from falling 
into the enemy’s hands, the insurer is said 
to be liable. 
Capture is where a ship is taken by an 
enemy in war, or by way of reprisals, or by 
a pirate. Capture may be with an intent 
to possess the ship and cargo, or only to 
seize the goods on board as contraband ; 
the.former is a capture, the latter only an 
arrest or detention. Every capture, whe- 
ther lawful or unlawful, is within the po- 
licy ; provided the words of the policy be 
sufficiently comprehensive. Where the ship 
is re captured before abandonment, it is a 
partial loss; and the insurer is bound to 
pay the salvage, and other necessary ex- 
penses the insured may have incurred to 
recover his property. In general, where- 
ever a ship is taken by the enemy, the in- 
sured may abandon and demand as for a 
total loss ; but he is not bound to abandon ; 
if he do, the insurer, in case of re-capture, 
will stand in his place, and is liable for all 
fair charges occasioned by the capture. 
Loss by detention of princes, &c. There 
is an obvious difference between this and 
capture; the object of the one is prize, that 
of the other detention, with a design to 
restore the ship or goods detained, or pay 
the value to the owner : and though neither 
of these should be done, still it must be 
considered as the arrest of princes, the cha- 
racter of any action depending on the origi- 
nal design with which it was done. An 
arrest of princes may be at sea as well as in 
port, if it done from public necessity, and 
not with a view to plunder. 
Loss by barratry. Barratry is any species 
of fraud committed by the master or mari- 
ners, whereby the owners sustain an injury ; 
as by running away with the ship, wilfully 
carrying her out of her course, sinking or 
deserting her, embezzling the cargo, smug- 
gling, or any other offence whereby the ship 
or cargo may be subjected to arrest, deten- 
tion, loss, or forfeiture. No fault of the 
master or mariners amounts to barratry, 
unless it proceed from an intention to de- 
fraud the owners ; therefore a deviation, if 
