A System of the Law of Marine Insurances
by James Allan Park (9780217153775)

A System of the Law of Marine Insurances
James Allan Park
Release Date: 10 December 0140
Format: Paperback
Pages: 244
Category: Administrative Law & Regulatory Practice
ISBN: 9780217153775
ISBN-10: 0217153771

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: CHAPTER The SECOND. Of the Conftruftion of the Policy. A POLICY of infurance, being a contract of indemnity, and being only confidered as a fimple contract, muft always be conflrued, as nearly as poffible, according to the intention of the contrafchng parties; and not according to i Burr. 347. the ftria and literal meaning of the words. The mercantile Roccu3Nut-, law, in this refpefcl, is the fame in every part of the world; for from the fame premifes, the found conclufions of reafoTi and juftice muft ever be the fame. Thus as the benefit of the infured, and the advancement of trade, are the great ob- jefls of infurance, policies are to be conftrued largely, in order to attain thofe ends: for it would be abfurd to fuppofe, that when the end is infured, the ordinary and ufual means of attaining it can poffibly be excluded; whatever, therefore, is done, by the mailer of the fhip, in the ufual courfe, necef- farily, et exjuftd caufd, although a Jofs happen thereon, the i Burr. 34?, underwriter fhall be anfwerable. But in the conffruction of policies, no rule has been more frequently followed than the ufage of trade, with refpect to the particular voyages or rifks to which the policy relates; and in the cafes about to be quoted in fupport of thefe principle?, it will be found, that the learned judges have always called in the ufage of trade, as the ground, upon which th conflruction turns. In ftating the different cafes upon this fubjed, as the point it nearly the fame in all, the order of time, in which they were determined, is that which will be purfued, in order to prevent confufion. The firft to be mentioned is an anonymous cafe in the Amnymous, time ofjFartfs tfcc Second; but it is from a reporter of very Skinn- H3- good . griod authority. A policy of inf...

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